JEFFERSON CITY — Secretary of State Jay Ashcroft used an unconstitutional set of laws to derail a 2019 effort to roll back newly approved abortion restrictions, the Missouri Supreme Court ruled Tuesday.
In a 5-2 decision, the judges said Ashcroft used the laws to shorten the time frame needed to collect signatures required for a ballot initiative sought by opponents of the restrictive abortion law.
The court’s decision could result in a change to the rules governing how residents can alter the Missouri Constitution at the same time Republican lawmakers are attempting to make it harder to bring issues to the ballot.
The case stems from a ruling in December by Cole County Circuit Judge Jon Beetem, who found that Ashcroft should have given the American Civil Liberties Union of Missouri and other groups more time to circulate their proposed ballot initiative.
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Missouri allows residents to collect signatures, prior to a law taking effect, to trigger a public vote. Ashcroft approved the referendum effort in mid-August, giving supporters just two weeks to turn in 100,000 signatures.
Ashcroft had already slowed the process down before that deadline hit. He initially rejected the petition effort, saying that because part of the law had taken effect immediately, the rest of the pending law could not be put to a vote.
He lost that argument in court, but Ashcroft was not forced to allow signature collection to begin right away.
In the lower court ruling, Cole County Circuit Court Judge Jon Beetem said the law granting Ashcroft the power to “derail” signature gathering is in conflict with the constitution, which gives residents the opportunity to overturn laws approved by the Legislature.
The ACLU argued that the rules used by Ashcroft are a roadblock to democracy.
“The statutes at issue prevent petitioners from collecting signatures until the government acts, eating up much of their time for circulation and effectively extinguishing the constitutional referendum right,” the brief said.
The high court agreed.
“The Missouri Constitution guarantees the right of referendum to all Missouri citizens, not just those capable of raising the necessary funds to complete a signature-collection effort within the tightest of timeframes,” Supreme Court Judge Mary Russell wrote in the majority ruling.
Ashcroft, a Republican who is eyeing a 2024 run for governor, defended his actions in a statement issued Tuesday.
“My office followed the law — we did not act unconstitutionally. The Western Court of Appeals and the Missouri Supreme Court had the opportunity, two years ago, but did not override the law then. Now, it has been adjudicated unconstitutional — and we will, again, follow the law,” Ashcroft said.
The attorney general’s office, which is representing Ashcroft, argued that the current deadlines are a needed guardrail on the initiative petition process.
“These are entirely permissible, straightforward practical rules governing the ballot measure process,” the state’s brief said.
In a dissent, Supreme Court Judge Brent Powell said he would have reversed Beetem’s decision.
“(T)he legislature has the power to enact reasonable, practical regulations to address the realities of implementing a constitutional right,” Powell wrote.
The law that sparked the decision bans abortions at eight weeks of pregnancy, except in medical emergencies. There are no exceptions for rape or incest. The ban is not in effect because it has been blocked in court.
The court case comes as Missouri lawmakers are again debating a number of proposals that would make it harder for residents to change the constitution.
In action Monday, the House gave initial approval to a bill sponsored by Rep. Mike Henderson, R-Bonne Terre, requiring those collecting signatures to convince at least 10% of voters in each of Missouri’s eight congressional districts to sign on, compared to the current standard of 8% of voters in six of the eight districts.
The ACLU did not respond to a request for comment.
Originally posted at 2:53 p.m. Tuesday, Feb. 8
