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Constitutional law expert weighs in on 'language disagreement' for 6 abortion ballot initiatives in Missouri

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KANSAS CITY, Mo — In Missouri, six new ballot initiatives regarding abortion in the state have been introduced for next November’s general election.

Backers of the initiatives must secure more than 170,000 signatures from registered voters by early May. However, activist Sarah Starns has not launched a campaign yet because it's still undetermined what statement voters would see on their ballots.

A ballot summary is a 100-word, neutral and accurate explanation of the voting item at hand. Constitutional law expert Mark P. Johnson said these are critical because it can be the first and only opportunity for voters to make an educated decision.

“If they read a one-sided summary, such as I believe the secretary of state proposed, I believe it, naturally, I think, results in fewer people signing,” Johnson said.

Secretary of State Jay Ashcroft penned the summaries, which has caused contention between Ashcroft and abortion rights advocates. The advocates allege Ashcroft used biased language in the summaries like “dangerous, unregulated and regulated abortions.”

“The Secretary of State concocted a summary statement that's filled with bombastic, argumentative, hyperbolic language that misstates the purpose of the initiatives,” said Tony Rothert, of ACLU Missouri.

Ashcroft said if there were inflammatory language, it was warranted.

“It is because the initiative petition requires it," he said. "We do not just make up language out of cold cloth, we do what the circuit court refuses to do — we go to the language of the initiative petition and we summarize that so the people of this state can make their own decision."

Another point of debate is whether or not abortion rights advocates can start gathering signatures from voters.

Ashcroft said yes, but Johnson said not really.

“The concern I have is that if they gather signatures now, then it’s possible those signatures could be challenged if the ballot language changes — it is changed by the court,” Johnson said.

Johnson said such holdups put the advocates at a disadvantage, due to lack of time, but, fortunately, he believes the courts will decide on the language quickly in the coming week.

“There is a deadline in which the signatures would have to be gathered to get the referendum on the ballot,” Johnson said.