JEFFERSON CITY 鈥 A top state Republican official has taken a top state Republican official to court.
In a 10-page lawsuit filed in Cole County Circuit Court on Monday, Missouri Treasurer Scott Fitzpatrick is alleging that Secretary of State Jay Ashcroft wrote flawed ballot language for a proposed constitutional amendment that would change how the treasurer鈥檚 office invests taxpayer dollars.
The proposed referendum, which would go before voters in 2022, was a legislative priority for Fitzpatrick, who says the changes he wants would allow his office to earn higher interest rates on certain investments.
Although GOP infighting isn鈥檛 uncommon among various factions of the Republican-controlled House and Senate, it is unusual among statewide elected officials, four of whom were elevated to their posts in 2018 following the resignation of former Gov. Eric Greitens and the election of former Attorney General Josh Hawley to the U.S. Senate.
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The two are not expected to be political rivals in the next election, with Fitzpatrick eyeing a run for auditor in 2022 and Ashcroft running for governor in 2024.
The proposed referendum, which received little attention during the Legislature鈥檚 spring session, would allow the treasurer to put money in a wider range of investments, as long as they are qualified under a set of standards designed to ensure the money is safe.
But Fitzpatrick said the ballot language written by Ashcroft鈥檚 office is flawed and misleading.
鈥淭he Secretary of State鈥檚 summary statement of Amendment 1 is not a true and impartial statement of the purpose of the proposed measure,鈥 the lawsuit notes.
In particular, Fitzpatrick said some of the wording 鈥渋s intentionally argumentative and likely to create a prejudice against the proposed measure.鈥
In addition, the lawsuit says the 鈥淪ecretary of State鈥檚 fair ballot language does not fairly or accurately describe the measure.鈥
In one instance, Fitzpatrick said, the ballot language is misleading because it implies the General Assembly would be the sole authority for determining investment avenues for the treasurer.
Rather, the lawsuit says the Missouri Constitution sets those guidelines and gives the treasurer 鈥渟ole discretion regarding in which of those options to invest.鈥
鈥淭he erroneous and biased summary statement and fair ballot language should be vacated and replaced with corrected language that provides voters with true and impartial information about the amendment proposed by the joint resolution,鈥 the lawsuit notes.
Fitzpatrick declined to elaborate on the legal maneuver.
鈥淭he Treasurer believes the ballot language is in error, and this is the mechanism the law provides to correct it. Because this is pending litigation, the Treasurer has no further comment,鈥 said Fitzpatrick spokeswoman Mary Compton.
In a statement to the Post-Dispatch, Ashcroft said the Legislature and Fitzpatrick鈥檚 office 鈥渉ad the opportunity to draft appropriate ballot language but chose to defer the writing to my office. ... I believe the ballot language my office prepared, and then subsequently approved by the Missouri Attorney General鈥檚 office, to be fair, unbiased and clear to Missouri voters when they head to the polls to consider this constitutional amendment.鈥
Updated at 1 p.m. with a statement from Secretary of State Ashcroft.