Bradshaw v. Ashcroft

559 S.W.3d 79
CourtMissouri Court of Appeals
DecidedSeptember 18, 2018
DocketWD 82075
StatusPublished
Cited by4 cases

This text of 559 S.W.3d 79 (Bradshaw v. Ashcroft) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bradshaw v. Ashcroft, 559 S.W.3d 79 (Mo. Ct. App. 2018).

Opinion

Cynthia L. Martin, Judge

Brad Bradshaw ("Bradshaw") appeals a judgment dismissing his petition filed pursuant to section 116.2001 which sought to compel John R. ("Jay") Ashcroft, the Missouri Secretary of State ("Secretary of State"), to reverse his decision to certify as sufficient Initiative Petition 2018-051 ("IP 2018-051") pertaining to medical marijuana. Bradshaw alleges that signatures in support of IP 2018-051 were not collected in the manner required by statute, and that as a result the Secretary of State should be enjoined from certifying the measure for inclusion on the ballot for the November 6, 2018 General Election. Because Bradshaw's petition fails to state a claim for compelling the Secretary of State's certification of the sufficiency of IP 2018-051 to be reversed, the judgment dismissing Bradshaw's petition is affirmed.

Factual and Procedural Background

On or about November 28, 2016, Sheila Dundon ("Dundon") submitted a sample sheet for IP 2018-051 to the Secretary of State.2 On or about January 5, 2017, the Secretary of State approved the form of IP 2018-051 to be circulated for signatures, and certified the official ballot title for the measure.3

On or about May 4, 2018, Dundon filed signature pages for IP 2018-051 with the Secretary of State.4 The Secretary of State thereafter sent copies of the signature pages to local election authorities to verify that the persons whose names were listed as signers of the initiative petition were registered voters in each election authority's jurisdiction.5

*81On August 2, 2018, the Secretary of State issued a certificate certifying the sufficiency of IP 2018-051 and that the petition contained a sufficient number of valid signatures to be placed on the ballot for the November 6, 2018 General Election.6 Specifically, the Secretary of State found that there were sufficient signatures from Congressional District Nos. 1, 2, 3, 4, 5, and 7, but that there were insufficient signatures from Congressional District Nos. 6 and 8.7

On August 10, 2018, Bradshaw, a citizen of Missouri, filed a petition in the Circuit Court of Cole County, Missouri seeking a writ of mandamus and injunctive relief. Bradshaw sought to compel the Secretary of State to reverse his decision to certify IP 2018-051, and to declare that the measure could not appear on the ballot for the November 6, 2018 General Election.8 Bradshaw alleged, on information and belief, that: (i) "thousands of individuals ... signed [IP 2018-051] while not in the presence of the circulator;" (ii) "one or more of the signatures on [IP 2018-051] are not by registered voters in the district identified on the petition;" (iii) "one or more of the signatures on [IP 2018-051] do not state the signatory's name, registered voting address, city, town, or village correctly;" and (iv) "the circulators did not actually sign the affidavits in the presence of notaries." A preliminary writ of mandamus was issued, and the Secretary of State was ordered to answer the petition.

Dundon and New Approach Missouri ("New Approach"), a campaign committee organized to support IP 2018-051, then sought and were granted leave to intervene as additional defendants in Bradshaw's lawsuit. Dundon, New Approach, and the Secretary of State answered Bradshaw's petition. Dundon and New Approach (collectively "Intervenors") filed a motion to dismiss Bradshaw's petition for failure to state a claim upon which relief could be granted. The Secretary of State filed a motion to quash the preliminary writ of mandamus that had been issued. After these motions were fully briefed, they were set for hearing on August 30, 2018. During that hearing, Bradshaw withdrew his request for a writ of mandamus, and limited the relief he sought to an injunction compelling reversal of the certification of sufficiency for IP 2018-051 and enjoining appearance of the measure on the ballot for the November 6, 2018 General Election.

On August 31, 2018, the trial court entered its judgment ("Judgment") granting the Secretary of State's motion to quash the preliminary writ of mandamus that had been issued.9 The Judgment also granted the Intervenors' motion to dismiss Bradshaw's petition for failure to state a claim upon which relief could be granted. The trial court found that Bradshaw's allegations were insufficient as a matter of law to support compelling the Secretary of State to reverse his decision to certify the sufficiency of IP 2018-051 as to permit the measure to appear on the ballot for the November 6, 2018 General Election.

Bradshaw filed this appeal on August 31, 2018, pursuant to section 116.200.3.10

*82Expedited Disposition of Appeal

We have expedited the disposition of this appeal. Pursuant to section 116.200.2, if, following a challenge to the secretary of state's11 certification of the sufficiency or insufficiency of an initiative petition, a court determines that the initiative petition is insufficient, "the court shall enjoin the secretary of state from certifying the measure and all other officers from printing the measure on the ballot." However, if a court determines that the initiative petition is sufficient, "the secretary of state shall certify it as sufficient and attach a copy of the judgment." Section 116.200.2. Pursuant to section 115.125.2, the last date on which late notification to local election authorities can be made pursuant to court order with respect to placing an issue on the ballot is 5:00 p.m. on the sixth Tuesday before the election. In this case, that deadline is September 25, 2018, the sixth Tuesday before the November 6, 2018 General Election. The parties have stipulated that the disposition of this appeal could affect whether IP 2018-051 is placed on the ballot for the November 6, 2018 General Election. Thus, the parties have stipulated that this appeal must be disposed by September 25, 2018, as the continued pendency of the appeal beyond that date would likely render the appeal moot. Dotson v. Kander , 435 S.W.3d 643, 644-45 (Mo. banc 2014).

Standard of Review

" 'Appellate review of a trial court's grant of a motion to dismiss is de novo. ' " Spencer v. Lombardi , 500 S.W.3d 885, 890 (Mo. App. W.D. 2016) (quoting Kixmiller v. Bd. of Curators of Lincoln Univ. , 341 S.W.3d 711, 713 (Mo. App. W.D. 2011) ). " 'A court reviews the petition in an almost academic manner, to determine if the facts alleged meet the elements of a recognized cause of action.' "

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Bluebook (online)
559 S.W.3d 79, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradshaw-v-ashcroft-moctapp-2018.