The Missouri ACLU’s initiative petition to reverse the anti-abortion HB 126 can move forward in the process.
Today at the Missouri Western District Court of Appeals WD82880 [pdf]:
The American Civil Liberties Union of Missouri and Sara E. Baker (collectively “ACLU”) appeal a trial court judgment dismissing its verified petition with prejudice and denying pending motions in a proceeding where the ACLU sought a temporary restraining order, preliminary and permanent injunctive relief, and declaratory relief from State officials after a referendum petition sample sheet was rejected. The Secretary of State exceeded his statutory authority by rejecting the sample sheet on constitutional grounds at a point when the Secretary of State’s authority was limited by section 116.332 to review of the sample sheet for sufficiency as to form.
1. The Secretary of State’s authority to review a referendum petition sample sheet for sufficiency as to form pursuant to section 116.332 does not extend to determining compliance with the constitution and is limited to determining substantial compliance with the form requirements set forth in section 116.030.
2. The Secretary of State was obligated to approve the ACLU’s sample sheet as sufficient as to form as no issues with compliance with section 116.030 were identified.
3. Though a writ of mandamus could have been sought to compel the Secretary of State to approve the ACLU’s sample sheet as sufficient as to form, permanent mandatory injunctive relief is also available to compel the Secretary of State to withdraw rejection of, and to approve, the sample sheet.
4. Rule 84.14 directs this court to give such judgment as the court ought to give. Judgment is entered compelling the Secretary of State to approve the ACLU’s sample sheet.
HB 126 and HB 127: catering to their single issue base (December 3, 2018)
Gov. Mike Parson (r): Alabama, hold my beer… (May 15, 2019)
Gov. Mike Parson (r): New York is shorthand for what? (May 16, 2019)
Medieval (May 17, 2019)
HB 126: the elephant in the womb (May 24, 2019)
HB 126: “…here for the ratio” (May 25, 2016)
Missouri: Medieval (May 28, 2019)
ACLU: Referendum Petition filed on HB 126 (May 28, 2019)
Our nation turns its eyes to Missouri (June 1, 2019)
In the Medieval State of Missouri (June 4, 2019)
Secretary of State Jay Ashcroft (r): Emergency! Emergency! (June 7, 2019)