This article first appeared in the St. Louis Beacon, July 10, 2012 - Lt. Gov. Peter Kinder is crisscrossing the state today touting his lawsuit that challenges the ballot language for a November proposal to bar the governor from using his executive powers to set up a health insurance exchange.
Kinder – a Republican who is facing an increasingly heated primary with state Sen. Brad Lager, R-Savannah – filed the lawsuit against Secretary of State Robin Carnahan and Attorney General Chris Koster today in Jefferson City.
He has made stops around the state to promote the lawsuit, including a press conference at the Wainwright State Office Building in downtown St. Louis.
"In my 19 years in Jefferson City, I have seen no ballot language proposed by anyone that is this loaded, this biased, this ... outrageous," Kinder said. "We therefore ask for relief from the Cole County Circuit Court today that they write new ballot language that is fair and impartial rendering of what the ballot measure actually does."
Kinder's co-plaintiffs include: House Speaker Steve Tilley, R-Perryville; Senate President Pro Tem Rob Mayer, R-Dexter; Senate Majority Leader Tom Dempsey, R-St. Charles; and House Majority Leader Tim Jones, R-Eureka.
The suit argues, among other things, that the ballot summary is “insufficient and unfair.”
Carnahan’s ballot summary reads:
“Shall Missouri law be amended to deny individuals, families, and small businesses the ability to access affordable health care plans through a state-based health benefit exchange unless authorized by statute, initiative or referendum or through an exchange operated by the federal government as required by the federal health care act?”
According to Kinder's petition, the ballot proposal “does not, as the ballot summary language suggests, ‘deny individuals, families, and small businesses the ability to access affordable health care plans.’”
“In fact, the ballot proposal does not deny anything to anyone; rather, the ballot proposal grants to the people of Missouri the right to choose whether Missouri will adopt a state-based health insurance exchange, either through initiative petition, referendum or by a legislative act of their elected government representatives,” the suit states. To suggest that the ballot proposal denies access to affordable health care plans is intentionally misleading and deceptive.”
Lawyers handling the suit include Jay Kanzler, Jr., and Christopher Kanzler of St. Louis-based Witzel, Kanzler, Dimmitt, Kenney & Kanzler, as well as Farmington attorney Tom Burcham. Burcham formerly served as a Republican member of the Missouri House. Kinder said he is raising private funds to pay for the suit.
In response to the suit, Carnahan spokesman Ryan Hobart sent out a statement dismissing the filing as a political ploy.
"We understand it’s election season and some people will do anything to get in the news, but it’s hard to take Lt. Gov. Kinder seriously when this is what he calls fair ballot language," Hobart said. "It’s our obligation to make sure voters have a fair, accurate summary of what they’re voting on and our summary provides that."
Hobart's statement included a hyperlink of Kinder standing in front of placard stating that the measure “prohibits unelected bureaucrats or the governor from implementing certain Obamacare provision unless specially authorized by the legislature or the vote of the people.”
(Start of update) Asked why the legislature didn't write its own ballot language to go along with the initiative, Kinder said "I defer to anybody in the legislature for why they chose not to write the language."
"But I do believe that Secretary of State Carnahan should have consulted with the House and Senate sponsors for suggested ballot language," Kinder said.
Kinder also said he was unhappy with a ballot summary for a constitutional amendment altering how judges are selected for Missouri Supreme Court and the Missouri Court of Appeals. But he said he was concentrating on trying to get the summary for the exchange measure rewritten.
"I'm not happy with it, but I chose this one because this has been my fight," Kinder said. "For the past three years, I've been the leading opponent of this monstrosity of Obamacare and having it crammed down our throats in the state of Missouri." (End of update)
Lager asks Tilley to reconsider special session
Meanwhile, Lager’s campaign released a letter asking Tilley to reconsider supporting a special session to opt Missouri out of a Medicaid expansion. Because of last month’s U.S. Supreme Court ruling, states now have the ability to forgo expanding Medicaid coverage to those making 133 percent of the federal poverty level.
“The proverbial ball is in our court,” Lager wrote to Tilley. “The governor of Missouri has not yet made his position known. Although I agree that the ballot language of Proposition E is not fair, the outcome of this proposition does not answer the question of whether or not Missouri is going to go along with these massive government expansions thereby setting up future tax increases.”
Lager also sent a letter to Kinder with questions about the various parameters about the lawsuit.
(Start of update) While Kinder said he opposes the Medicaid expansion, he reiterated on Tuesday that a special session was not prudent, in his opinion.
"There's nothing for the legislature to do of any essential nature before we reconvene," said Kinder, adding nobody had "saluted" the idea "when it's been run up the flag pole by one guy."
Tilley and Jones released a statement last week dismissing the idea of a special session. Other political figures who've signaled support for a special session include state Sen. Bill Stouffer, R-Napton, and GOP gubernatorial candidate Bill Randles. (End of update)
