JEFFERSON CITY, MO. -- Update posted July 16, 2010 at 7:50 p.m.
JEFFERSON CITY, Mo. (AP) -- A Missouri judge has rejected a challenge to an Aug. 3 ballot measure putting a key part of the federal health care law to a statewide vote.
Cole County Circuit Judge Paul Wilson on Friday dismissed a lawsuit seeking to strike the measure from the ballot. An appeal is likely.
The Missouri measure proposes a law barring the government from requiring people to have health insurance or from penalizing people for paying their health bills with their own money. It would conflict with a federal law requiring most people to have health insurance or face fines by 2014.
The lawsuit claimed Missouri's measure violated a state constitutional requirement that legislation contain a clear title with a single subject that is not changed from its original purpose.
Original story by Daniel Winn posted July 14, 2010 at 5:10 p.m.
Tuesday, lawyers argued the constitutionality of Proposition C.
Wednesday, they were still waiting for a verdict.
The measure poses two questions. The first asks if Missourians should be exempt from the new federal health program. The second question asks if health insurance companies should be allowed to voluntarily dissolve.
But, a lawsuit contends the proposition violates the state constitution because it asks two questions with only one "yes" or "no" answer.
"Yes its unfair, in essence it makes their votes meaningless and in eviscerates their constitutional right to vote," Attorney Chip Gentry said. "They are stuck with the conundrum of having two questions and only one box, they may strongly disagree with one part of the question and strongly agree with the other part, but they only have one spot to check yes or no."
“I disagree with those arguments, I believe the bill is constitutionally drafted and it does contain one subject," Rep. Tim Jones, (R) Eureka said. "Only one subject and its a very simple bill with a very simple phrased question to the voters."
Jones drafted the bill and said it should be on the ballot.
Judge Paul Wilson is presiding over the case. His office said he will have a decision as soon as possible.
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