CORE/3501064.0004/159472562.1
IN THE CIRCUIT COURT OF COLE COUNTY, MISSOURI
BARBARA PIPPENS, JOHN BOHNEY, CHERYL HIBBELER, REBECCA SHAW, BOB MINOR, JAMES HARMON, GENE DAVISON,
PAT MCBRIDE
,
Plaintiffs
, v. Case No. _____________ JOHN R. ASHCROFT, in his official capacity as Missouri Secretary of State, DAVE SCHATZ, in his official capacity as State Senator and President Pro Tem of the Senate; ELIJAH HAAHR, in his official capacity as State Representative and Speaker of the House, and DANIEL HEGEMAN, in his official capacity as State Senator and sponsor of Senate Joint Resolution 38,
Defendants
.
PETITION FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF UNDER SECTION 116.190, RSMO
The General Assembly recently approved Senate Joint Resolution 38 (“SJR 38”), which proposes a constitutional amendment for placement on the statewide ballot. SJR 38 would eliminate the nonpartisan and fair redistricting process that had been approved by voters only two years ago. Plaintiffs bring this suit because the true impact of SJR 38 would not be apparent to a voter who relies on the summary statement that was drafted, and approved, by the General Assembly to accompany the measure. To the contrary, the General Assembly’s proposed summary statement is insufficient and unfair. The General Assembly’s proposed summary statement fails to disclose that SJR 38 would eliminate the Nonpartisan State Demographer authorized to draw redistricting maps—the key mechanism voters approved to remedy partisan gerrymandering—in addition to falsely representing that SJR 38 would “create . . . independent” commissions. The unfair and insufficient
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summary statement drafted by the General Assembly should be vacated and replaced with a summary statement that fully and accurately informs voters about the effects that SJR 38 will have or sent back to the General Assembly for their revisions.
THE PARTIES
1.
Plaintiffs Barbara Pippens, John Bohney, Cheryl Hibbeler, Rebecca Shaw, Bob Minor, James Harmon, Gene Davison
, ad Pa McBde
are each citizens of Missouri. 2.
Defendant John R. Ashcroft is the duly elected and acting Secretary of State of Missouri. He is named in his official capacity pursuant to § 116.190.2 RSMo. 3.
Defendant Dave Schatz is State Senator for Missouri’s 26th Senate District and serves as the current President Pro Tem of the Senate. He is named in his official capacity pursuant to § 116.190.2, RSMo. 4.
Defendant Elijah Haahr is State Representative for Missouri’s 134th House of Representatives District and serves as the current Speaker of the House. He is named in his official capacity pursuant to § 116.190.2, RSMo. 5.
Defendant Daniel Hegeman is State Senator for Missouri’s 12th Senate District and sponsored SJR 38. He is named in his official capacity pursuant to § 116.190.2, RSMo.
JURISDICTION AND VENUE
6.
Plaintiffs bring this action pursuant to § 116.190.1, RSMo, which vests exclusive venue in the Circuit Court of Cole County.
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FACTUAL ALLEGATIONS Missouri Voters Overwhelmingly Enacted Amendment 1 to Increase Integrity, Transparency, and Accountability in Missouri Government.
7.
On May 3, 2018, supporters of an initiative submitted more than 330,000 signatures to the Missouri Secretary of State to put a redistricting reform and government ethics amendment to the Missouri Constitution on the November 6, 2018 ballot. That initiative is attached as Exhibit 1. 8.
The Secretary of State prepared and certified a ballot title for that initiative which read as follows: “Shall the Missouri Constitution be amended to:
change process and criteria for redrawing state legislative districts during reapportionment;
change limits on campaign contributions that candidates for state legislature can accept from individuals or entities;
establish a limit on gifts that state legislators, and their employees, can accept from paid lobbyists;
prohibit state legislators, and their employees, from serving as paid lobbyists for a period of time;
prohibit political fundraising by candidates for or members of the state legislature on State property; and
require legislative records and proceedings to be open to the public? State governmental entities estimate annual operating costs may increase by $189,000. Local governmental entities expect no fiscal impact.”