Ballot change - Part 2

Jefferson City News Tribune: For the second time in a week, Cole County Circuit Judge Richard Callahan has rewritten part of a ballot summary prepared by the secretary of state's office. The latest ruling came Tuesday in a challenge to the ballot language and fiscal summaries on four proposed initiative petitions on eminent domain, all seeking to add protections for property owners to the state Constitution. In a 12-page final judgment, Callahan ruled Carnahan's ballot question unfairly included language that's already in the Constitution. The secretary of state's language "suggests that restrictions on taking (property) without just compensation or without a public use would be added to the constitution," Callahan wrote. "They have been incorporated in Missouri's current Constitution for more than 60 years (and) were included in Missouri's first Constitution in 1820." Including that language "will tend to unfairly influence voters," the judge ruled. But that was the only change Callahan made to the petition language, and supporters of restrictions on the government's power to take over private property would be free to circulate their petitions with the revised language, with plans for voters to decide the issue in November 2010. But both Carnahan's office and the Missouri Municipal League said Tuesday they're considering appeals, and have until next week to make that decision.

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