In a per curiam opinion, the Court vacated the circuit court’s judgment and dismissed as moot a suit for declaratory and injunctive relief over whether referendum signatures may be gathered before the governor signs the act or the secretary approves the petition form. The Court held that when the secretary certified the HB 1 referendum petition as insufficient on grounds other than the number of signatures, he conceded the petition had a constitutionally sufficient number, leaving no effectual relief the circuit court could grant on the disputed signatures. The Court rejected the proponents’ argument that the issue is capable of repetition yet evading review, reasoning that future proponents can circulate petitions without waiting and litigate signature validity in a section 116.200 challenge if needed.
