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Filing a referendum petition does not suspend the law

In a unanimous opinion, the Court affirmed judgment for the State in a declaratory judgment action by two voters who sought to have HB 1, the General Assembly’s congressional redistricting law, declared suspended upon the December 9 filing of a referendum petition. The Court held that nothing in article III of the Missouri Constitution treats filing alone as automatic suspension. Only a legal, sufficient, and timely petition suspends a statute. The Court held that whether HB 1 took effect on December 11 cannot be determined until the secretary’s certification process under chapter 116 is complete.

SC101581 Jake Maggard, et al. v. State of Missouri, et al.