stating the election statutes “clearly note that courts are to freely give authority to make changes in the ballot until six [now eight] weeks before the election”
How later courts described this case
- stating the election statutes “clearly note that courts are to freely give authority to make changes in the ballot until six [now eight] weeks before the election”
- the ten-week legal notice requirement of Section 116.240 could not take precedence over the Governor's constitutional authority to call a special election for a proposed constitutional amendment
- courts are not free to give authority to make changes in the ballot less than six weeks before the election
Written by the judges who cited it.
The opinion
DUANE BENTON, Judge,
concurring.
The Constitution authorizes the General Assembly to provide by law how amendments are submitted to the voters. Mo. Const, art. XII, sec. 2(b). The legislature has declared when courts may not order issues on the ballot:
No court shall have the authority to order an individual or issue be placed on the ballot less than six weeks before the date of the election, except as provided in sections 115.361 and 115.379.
Section 115.125.2 RSMo Supp.2003.
The legislature enacted this bright line in 2003, in its last review of election laws. H.B. 511, 2003 Mo. Laws 608 , enacting 115.125.2 (last sentence). This amendment established the law in Missouri for “last-minute” changes to the ballot in response to the general elections in Minnesota and New Jersey in 2002. See also S.B. 29, 2003 Mo. Laws 1207 (introduced Dec. 1, 2002, vetoed July 9, 2003) (legislature would have prohibited courts from ignoring time limits for withdrawal of candidates).
*421 The six-week deadline is reasonable because absentee ballots are to be available by then, section 115.281.1; candidate withdrawals and disqualifications may occur until then, sections 115.127.6, 115.359.2, 115.363, 115.379.2; and local issues may be added until then, section 115.125.2 (first sentence).
If the acts required by the election law would be completed less than six weeks before the election, I would agree with Judge Limbaugh. However, because the Governor constitutionally called a special election over 10 weeks before the election, because all four statewide officers involved agree that all required acts will be completed more than six weeks before the election, and because local election authorities had notice 10 weeks before the election, I concur in the per curiam opinion.