Court rejects appeal over proposed constitutional amendment

JEFFERSON CITY, Mo. -- A state appeals court on Thursday rejected an appeal brought by Missouri Treasurer Scott Fitzpatrick over wording on a proposed constitutional amendment.

Fitzpatrick sued Secretary of State Jay Ashcroft in July, alleging a description Ashcroft wrote for the proposed amendment would cause people to vote against it.

If voters approve the amendment, which would go on this year's ballot, it would change how the treasurer's office invests taxpayer dollars. Fitzpatrick said the change would allow the treasurer's office to earn higher interest on certain investments.

A Cole County judge sided with Ashcroft in December and Fitzpatrick asked the appeals court to review the case, the St. Louis Post-Dispatch reported.

The Missouri Court of Appeals Western District said in its decision Thursday the ballot language is not "intentionally argumentative or likely to create prejudice or confusion for voters."

Fitzpatrick said he was reviewing the opinion before deciding whether to appeal to the Missouri Supreme Court.

After the Cole County decision in December, Ashcroft called the lawsuit a waste of taxpayer money aimed at causing a specific outcome on the amendment.