JEFFERSON CITY, Mo. – A disagreement between Missouri Attorney General Andrew Bailey and State Auditor Scott Fitzpatrick has been settled by the state supreme court. It has to do with Missourians’ constitutional right to direct democracy through the initiative petition process.
This afternoon, the Missouri Supreme Court heard arguments to decide if Bailey could override Fitzpatrick regarding the cost of initiative petitions asking voters if abortion rights should be restored. Bailey appealed a Cole County judge’s decision last month.
The Missouri Supreme Court has affirmed the circuit court’s judgement saying that Attorney General Andrew Bailey must comply with his duty to approve Auditor Scott Fitzpatrick’s fiscal note summary in the next 24 hours.
In June, the judge ruled Bailey had to certify the fiscal note. Instead, he appealed the decision. Once the fiscal note is approved, supporters can start the signature process to get the referendum on the ballot next November.
“At every level of our judicial system, the courts saw the Attorney General’s effort to derail the initiative process for what it was: a deliberate threat to the direct democracy,” states Anthony Rothert, Director of Integrated Advocacy at the ACLU of Missouri. “As obviously unconstitutional as his scheme was, it succeeded in wasting valuable time. If the Attorney General and Secretary of State are serious about their oaths to the constitution, they will carry out their duties today, not cause more delay.”
The ACLU of Missouri, who filed the lawsuit, says the certification process has taken over 100 days because of the standoff between Bailey and Fitzpatrick.