Ketcham v. Blunt

847 S.W.2d 824, 1992 Mo. App. LEXIS 1843, 1992 WL 365685
CourtMissouri Court of Appeals
DecidedDecember 15, 1992
DocketNo. WD 46984
StatusPublished
Cited by7 cases

This text of 847 S.W.2d 824 (Ketcham v. Blunt) 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
Ketcham v. Blunt, 847 S.W.2d 824, 1992 Mo. App. LEXIS 1843, 1992 WL 365685 (Mo. Ct. App. 1992).

Opinion

SHANGLER, Presiding Judge.

The secretary of state certified that two initiative petitions to amend the Missouri Constitution by limiting the terms of the Missouri’s state and federal legislators, respectively, had received sufficient signatures to qualify for the ballot. The plaintiffs Ketcham and Jackson, citizens of Missouri, and Missourians for Responsible Government, a campaign committee duly organized and existing for the purpose of opposing the initiatives to limit the terms of Missouri’s legislators, brought a petition in the circuit court of Cole County under § 116.200, RSMo 1986, to reverse the certification of the initiative proposals by the secretary of state. The proponent of the initiative proposals, Missourians for Limited Terms, was granted intervention as a defendant.

The parties presented an extensive stipulation which is reflected in the findings of fact adopted by the circuit court. The dispute is not as to the facts, but as to the legal effect of the facts adduced at the trial. The circuit court rendered judgment that the state and federal term limits initiatives were legally sufficient and directed the secretary of state to certify them for the general election ballot on November 3, 1992. The plaintiffs Ketcham, Jackson and Missourians for Responsible Government appeal the judgment.

In July 1992, intervenor-defendant Missouri for Limited Terms filed with the defendant secretary of state two initiative petitions in the general form described in § 116.040, RSMo 1986. The petitions sought to amend the Missouri Constitution by limiting the terms of Missouri’s state and federal legislators. For each of the proposals the secretary of state exercised his prerogative under § 116.130 to send the petition pages to the local election authorities to verify that each signature on the petitions was the signature of a registered voter within the relevant election district.

For each petition, the secretary of state instructed the local election authorities to mark the individual signatures according to 15 CSR § 30-15.020, which specifies that signatures of registered voters shall be marked with an “R”, signatures for which there is no record shall be marked “NR”, signatures for which the address listed on the petition is not the address at which the person was registered on the date the petition was signed shall be marked “WA”, and signatures for which a signature does not match the signatures on file with the election authority shall be marked “WS”. In addition, the secretary of state directed the local election authority to certify on a form provided the total number of signatures checked, verified and disqualified.

The local election authorities returned the petition pages to the secretary of state, who relying upon the number appearing on the certification page, totaled the number of verified signatures certified in each congressional district. The secretary of state compared the certifications presented to him with the number of signatures he calculated to be required. Based on the information certified to his office, he reported that each proposal had met the signature requirements in the first, second, fourth, seventh, eighth and ninth congressional districts. The secretary of state then issued a certificate of the kind contemplated by § 116.150 for the state and federal term limits petitions.

The secretary of state determined that an initiative required 16,190 valid signatures to qualify in the eighth congressional district. He reached this number by taking the number of votes cast for governor in the 1988 general election within the eighth congressional district, multiplying the total by .08 [eight percent], and rounding upward to the nearest whole signature. He reported that the election authorities in the eighth congressional district had verified 16,256 signatures for the state term limits petitions and 16,966 signatures for the federal term limits petitions.

[826]*826The parties stipulate that after the commencement of the litigation in the circuit court the secretary of state counted the signatures marked “R” and the total number of signatures on the state term limits petition pages from the eighth congressional district. He arrived at a figure that differed from that certified by the local election authorities.1 He counted 16,753 signatures rather than the 16,256 signatures reported by the local election authorities.2 In the circuit court the plaintiffs Ketcham, Jackson and Missourians for Responsible Government objected to all evidence offered to show that the number of valid signatures on the state petitions was greater than that certified by the secretary of state under § 116.150. The circuit court found that the two initiative propositions qualified for the ballot and directed the secretary of state to certify the initiatives to the election authorities of the state.

The appeal presents questions of (1) how the secretary of state shall calculate the number of signatures required to be on an initiative petition for a constitutional amendment in order to qualify it for the ballot, (2) the actual verification and invalidation of signatures on the petitions, and (3) whether the effective date clause of the federal term limits initiative petition is constitutional.

It was the conclusion of law of the circuit court that the number of petition signatures required to qualify a constitutional initiative in any particular congressional district was eight percent of the number of the persons in that district who voted for governor at the last general election. The plaintiffs impugn that conclusion as error. They argue that the number actually required by Article 3, § 50 of the Missouri Constitution was eight percent of the registered voters of six of the congressional districts, so that at least 26,000 signatures in the eighth congressional district were required3, and not the 16,190 calculated by the secretary of state. They conclude that neither the state nor the federal petition attained that number, and so both failed to qualify for the ballot.

The plaintiffs appealed to this court on October 26, 1992, and on October 27, 1992, applied to the Supreme Court en banc for transfer before argument and opinion. The Supreme Court en banc denied transfer on October 28. On that same day this court expedited the briefs and heard oral arguments on November 2, 1992, the day before the general election. At the conclusion of arguments we rendered oral opinion in open court affirming the judgment of the circuit court. This formal opinion follows.

The appeal directly implicates two provisions of the Missouri Constitution.

Article 3, § 50 provides:
[827]*827Initiative petitions proposing amendments to the constitution shall be signed by eight percent of the legal voters in each of two-thirds of the congressional districts in the state ...
Article 8, § 53 provides:
The total vote for governor at the general election last preceding of any initiative or referendum petition shall be used to determine the number of legal voters necessary to sign the petition ...

The plaintiffs observe that although the two constitutional provisions “each appear to be absolute, and neither refers to the other,” they are readily reconciled by their plain meaning.

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Bluebook (online)
847 S.W.2d 824, 1992 Mo. App. LEXIS 1843, 1992 WL 365685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ketcham-v-blunt-moctapp-1992.