Although ballot issues are designed to be decided by voters, legal challenges have transferred much of the decision-making to courts.
Although we were pleased a medical marijuana proposal has not made it to the ballot, supporters plan a court challenge pertaining to petition signatures.
The failure of the medical marijuana proposal was included in an Associated Press story that reported the Missouri secretary of state's office has advanced other issues to the ballot. Those issues include two proposed cigarette tax hikes, a limit on campaign contributions and a prohibition on taxing services not taxed as of 2015.
Ballot issues may be created by the state Legislature or by the people, through an initiative petition effort that stipulates the number of valid signatures that must be obtained.
The secretary of state's office plays substantial role in the process, crafting the wording of a ballot summary and certifying that petition signatures comply with guidelines.
Both proponents and opponents of issues have come to realize that legal challenges are a useful tool to obstruct or eliminate potential ballot issues.
Court challenges include: the sufficiency of the ballot language; the validity of the petition signatures; and the constitutionality of the ballot proposal.
Constitutional challenges, in turn, increasingly have prompted proponents of issues to craft more ballot proposals as amendments to the constitution instead of changes to state law.
We have no quarrel with court challenges. The courts exist to determine the fairness and legitimacy of new laws and amendments.
We do, however, have a problem with overkill - amending the constitution when a law or regulation would suffice - and misuse of the judiciary, including using the courts as a stalling tactic.
Concerning medical marijuana, specifically, we believe it's bad public policy. Marijuana is not medicine, and no established health organization supports the issue.
The ultimate goal of pro-marijuana advocates is the legalization of recreational use, and medical marijuana is a means to that end. Based on the experiences in other states, recreational use invites its own set of concerns and consequences.
The business of the courts, however, is not to decide an issue based on whether they favor or oppose it.
If any proposal clears the legal hurdles posed by an appropriate court challenge, let Missourians decide the issue at the polls.