Elections: Initiative Petition- Extraordinary Circumstances- Ineffective Assistance of Counsel

Staff Report//October 1, 2018

The parties cross-appealed from the circuit court’s judgment, which accepted two challenges plaintiffs levied against the validity of an initiative petition to amend Article III of the Missouri Constitution and rejected the other challenges. Plaintiffs successfully argued that the petition addressed more than a single subject and amended or repealed provisions of more than one article of the constitution.

Where initiative petition related to single purpose of limiting Influence of partisan and special interests on legislature, which was constitutionally regulated by single article, petition was not invalid for failing to relate to a single subject or for amending or repealing provisions of more than one article of the constitution.

Judgment is reversed.

Ritter v. Ashcroft (MLW No. 72138/Case No WD82110 – 39 pages) (Missouri Court of Appeals, Western District, Ahuja, J.) Appealed from Circuit Court, Cole County (Daniel R. Green, J.)