Missouri Voters Nix Health Reform; Florida Measure Struck From Ballot

August 4, 2010

A Missouri initiative that would allow Missourians to opt out of mandatory health care coverage required by the federal health care reform act passed by a wide margin on Tuesday.

Early returns showed Proposition C enjoying the support of about 70 percent of the voters that turned out for the election, which also featured party primaries to pick nominees for a US Senate seat.

The Missouri general assembly passed legislation in May to put the item on the ballot. A lawsuit to keep the issue from coming before the voters was unsuccessful.

While other states have adopted legislation to avoid complying with the health care reform legislation enacted earlier this year, Missouri is the first to successfully put the issue before the voters.

Arizona and Oklahoma have measures challenging the health reform law slated for their November general elections, but a Florida judge last week knocked a similar ballot item off that state’s November ballot. 

Circuit Judge James Shelfer ruled that the ballot language was misleading to prospective voters as to what would happen if the constitutional amendment were to pass.   

The Florida referendum, like language being advanced in other states, is based on the American Legislative Exchange Council's “Freedom of Choice in Health Care Act.”

The Florida Secretary of State’s office indicated that they would appeal the judge’s ruling.

Most legal experts say that action by states to overturn the health reform act will be unsuccessful due to federal preemption. But political observers speculate that the referenda are designed to give candidates for office leverage at the ballot box. 

Now that the Missouri measure has passed, another lawsuit seeking to strike it down is expected.