Elections : Initiative Petition – Pre-Election Review – Ripeness

Stephanie Maniscalco//September 15, 2016//

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Where plaintiffs challenged an initiative petition for alleged violations of the First Amendment, Equal Protection clause and the Privileges and Immunities clause, challenges which go beyond determining compliance with constitutional and statutory provisions regarding the procedure and form of a sufficient petition are not ripe for pre-election judicial review because they exceed the scope of the sufficiency determinations that the Secretary of State is required to make before certification for inclusion on the ballot, so the trial court’s judgment finding that the challenges were not ripe for review is affirmed.

Judgment is affirmed.

Missouri Electric Cooperatives v. Secretary of State (MLW No. 69699/Case No. WD80007 – 38 pages) (Missouri Court of Appeals, Western District, Martin, J.) Appealed from circuit court, Cole County, Joyce, J. (Charles W. Hatfield, Jefferson City, for appellants) (James R. Layton, Jefferson City, and D. John Sauer, St. Louis, for respondents).

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