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Latest language for Missouri ballot measure fails to mention amendment would ban abortion

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Missouri Secretary of State Denny Hoskins speaks to reporters in May 2024 during his time as a state senator (Annelise Hanshaw/Missouri Independent).

Secretary of State Denny Hoskins on Friday pitched his first revision of ballot language for a Missouri constitutional amendment that would ban abortion — without mentioning the ban — at the Cole County Circuit Court. 

Next week, Judge Daniel Green will decide if it is a ball or a strike.

Last Friday, Green ordered Hoskins to rewrite the ballot language approved by lawmakers after finding it was “insufficient and unfair” because it failed to mention the amendment would repeal abortion rights. 

In his ruling, Green wrote that the original ballot title “fails to adequately alert voters that it would eliminate” the constitutional right to reproductive health care that Missourians approved last fall.

Under a law passed this year and upheld this week by Green, Hoskins had seven days to submit his revisions. Now, the two sides in the case have three days to submit analysis.

If Green rules Hoskins failed, he will have five days to try again.

The new ballot language written by Hoskins states in full: 

“Shall the Missouri Constitution be amended to:

  • Guarantee women’s medical care for emergencies, ectopic pregnancies, and

  • Ensure women’s safety during abortions;

  • Ensure parental consent for minors;

  • Amend Article I, section 36, approved in 2024; allowing abortions for

  • medical emergencies, fetal anomalies, rape, and incest; and

  • Prohibit sex-change procedures for children?”

The reproductive rights amendment that Missourians narrowly approved last fall legalized all abortions up until the point of fetal viability. Access to the procedure remains limited as Planned Parenthood affiliates have sued the state over a series of abortion regulations that remain on the books. 

“My main focus has been protecting Missouri’s families and the Constitution,” Hoskins said in a statement Friday. “This ballot title and language reflects my commitment to upholding the values Missourians hold dear. My office remains dedicated to ensuring voters are presented with clear and accurate information as they consider this important measure.”

The ACLU of Missouri, which is leading the case challenging the ballot language, did not respond to a request for comment.

Green also told Hoskins to rewrite the “fair ballot language” summary posted to the secretary of state’s website, calling the old language misleading for also failing to state abortion would be banned in most cases.

Hoskins’ new summary states that a “yes” vote would guarantee women’s medical care under specific scenarios, including ectopic pregnancies and miscarriages and allow abortions in the first 12 weeks festation in cases of rape or incest. It would also ban gender-affirming health care for minors. 

A “no” vote, Hoskins wrote, would “limit abortion” to specific scenarios.

After the Republican supermajority of legislators voted in May to put the amendment on next year’s ballot, the ACLU of Missouri sued, arguing that the ballot language was unfair and that the amendment illegally included unrelated subjects to be used as “ballot candy.”

Green in his ruling last week concluded that lawmakers did not err in combining bans on gender-affirming health care for minors with reproductive rights. 

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