Backers fight to get medical marijuana on state ballot

JEFFERSON CITY, Mo. -- A lawyer for supporters of a proposal to allow medical marijuana in Missouri told a judge Monday enough registered voters signed petitions for it to be placed on the Nov. 8 ballot, and local elections boards wrongly tossed out thousands of signatures.

Attorney Loretta Haggard told Cole County Circuit Judge Daniel Green hundreds of signers were labeled improperly as unregistered because they put down the wrong address. She asked officials count about 170 petitions where signatures were found not to match voter records.

Attorneys for the secretary of state's office and others trying to keep the measure off the ballot questioned whether those petitions should be counted. Even with those signatures, lawyers said the proposal falls 23 signatures short of the number needed to make the ballot.

Secretary of State Jason Kander has said the measure was 2,242 short of the needed signatures in a district that includes part of the St. Louis area, and lawyers trying to get it on the ballot turned in evidence for only 2,219 more to be counted by a court deadline last week.

"By my count, judge, they are short," said Marc Ellinger, a lawyer for some prosecutors trying to keep the measure off the ballot.

The group New Approach Missouri and other supporters are asking Green to accept an additional 144 petitions signed by voters who they claim are registered in the correct district but signed a petition for the wrong county.

New Approach Missouri found those cases after the Thursday court deadline, and assistant attorney general John Hirth, who represents Kander's office, said they shouldn't be considered.

Haggard and other attorneys pushing to get the proposal on the ballot said the state law that disqualifies the signatures because of the county mix-ups is unconstitutional.

"Jurisdiction lines often divide up these voters," lawyer Brad Ketcher, treasurer for New Approach Missouri's campaign, said after court. "But the bottom line is these are registered voters. We shouldn't leave them behind."

New Approach Missouri campaign manager John Payne testified those petitions include some signed by St. Louis-area voters who were confused about where they're registered to vote.

Payne also told Hirth during questioning in court at least some of those signed petitions ultimately won't count because they're duplicate petitions signed by the same voter.

The proposal would allow the use of marijuana for medical purposes and impose a 4 percent sales tax on medical marijuana sales. The state would set up a licensing program with fees.

The case will continue today. Green didn't indicate when he might rule. Absentee voting begins Sept. 27.