State Ex Rel. Mathewson v. Board of Election Commissioners

841 S.W.2d 633, 1992 WL 214469
CourtSupreme Court of Missouri
DecidedOctober 27, 1992
Docket75083
StatusPublished
Cited by31 cases

This text of 841 S.W.2d 633 (State Ex Rel. Mathewson v. Board of Election Commissioners) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Mathewson v. Board of Election Commissioners, 841 S.W.2d 633, 1992 WL 214469 (Mo. 1992).

Opinions

ROBERTSON, Chief Justice.

This case raises an issue of first impression: Whether Article III, Section 7 of the Missouri Constitution addresses special elections to fill vacancies that occur after an apportionment plan is filed but prior to the first general election in a specific district. The circuit court ruled that Article III, Section 7 controlled such special elections. We reverse and, entering the order the circuit court should have entered, direct that a writ of prohibition issue. Rule 84.-14.

I.

On November 6, 1990, voters of the 24th senatorial district reelected Edwin Dirck to serve as their Senator for a four-year term expiring January 4, 1995. On May 15, 1992, Senator Dirck resigned. On July 13, 1992, the Governor issued a writ of election to the Board of Election Commissioners of St. Louis County (the “Board”) ordering a special election to be held on September 8, 1992, to fill the remainder of Senator Dirck’s term. The Governor’s writ ordered the election be held in the “new” 24th Senatorial District as defined in the Missouri Senate Apportionment Plan filed with the Secretary of State on December 20, 1991. That writ also ordered the Board to follow the dictates of Section 21.130, RSMo 1986, which explicitly requires the Board to hold the special election in the “old” district, or more precisely, “within the limits composing the county or district at the time of the next preceding general election,” (emphasis added).

Noting the conflict between the express terms of the Governor’s writ and the express directive of Section 21.130, which the Governor had also ordered be followed, re-lators initiated this action for prohibition or, in the alternative, mandamus. They seek an order requiring the Board to hold the special election in the “old” district. To avoid the plain mandate of the statute in this case, the Board challenges the constitutionality of Section 21.130, citing an irreconcilable conflict between that statute and Article III, Section 7 of the Missouri Constitution. The Circuit Court of St. Louis County denied the relators’ writ, found Section 21.130 unconstitutional, and ordered the election to proceed in the “new” district.

II.

Before we proceed to the merits of this case, we are compelled to address the standing of the relators. Standing is akin to jurisdiction over the subject matter, in limine. State ex rel. Schneider v. Stewart, 575 S.W.2d 904, 909 (Mo.App.1978). As such, the question of a party’s standing can be raised at any time, even sua sponte by this Court.

Relators in this case do not all present a common interest. Quite properly their petition classifies their interests into two groups: the “Elector Relators” whose claim is founded on their status as residents of the “old” senatorial district but not the “new,” and Senator James Mathewson in his official capacity as President Pro Tempore of the Missouri Senate, who claims to represent “the special interest” of the Missouri Senate. The relators’ petition describes this “special interest” as the duty of the Senate to exercise its authority as “the sole judge of the qualifications, election and returns of its own members.” Mo. Const. Art. Ill, § 18, but see, State ex rel. Carrington v. Human, 544 S.W.2d 538, 539-40 (Mo. banc 1976) (Art. Ill, § 18 does not preclude judicial resolution of issues arising prior to the general election).

The first group, the “Elector Rela-tors”, clearly have standing to challenge the Board’s actions. If the election is held in the “new” district, they will be denied the opportunity to participate in choosing an interim replacement for the senator they [635]*635elected less than two years ago. This is the type of direct, personal stake in the outcome of the action that confers standing. State ex rel. Williams v. Mauer, 722 S.W.2d 296, 298 (Mo. banc 1986).

The standing of Senator Mathewson, however, is another matter. This Court has steadfastly refused to expand its jurisdiction to include the issuance of advisory opinions. State ex rel. Williams v. Marsh, 626 S.W.2d 223, 227 (Mo. banc 1982). In large part, this refusal to tread outside real controversies is a recognition that persons who do not pose present, real, live, and personal (as opposed to official) claims of right under the law do not give the Court the honed development of facts and legal argument that are the hallmark of real controversies.

Senator Mathewson, speaking only in his official capacity, presents no personal stake in the outcome of this case. At best, he can argue that the Senate may be required to exercise its authority under the constitution to judge the “qualifications, election and returns” of an election yet to take place. This is not the present, real, live, and personal stake in the outcome of the litigation that grants him the standing necessary to become a party in this case. Marsh, 626 S.W.2d at 227 (“If a party’s interests are unaffected by resolution of an issue he has no standing to raise it.”). Because neither Senator Mathewson (nor the Senate) has standing in this case, he is dismissed as a party to this action.

III.

The burden of persuasion on the issue of a statute’s validity falls squarely on the party challenging that statute. Blaske v. Smith & Entzeroth, Inc., 821 S.W.2d 822, 828-29 (Mo. banc 1991). Thus, it is the Board who must overcome the presumption of validity by showing Section 21.130 “clearly and undoubtedly contravenes the constitution.” Id. at 828. Unless such a conflict can be shown, the judgment of the legislature must stand.

The Board’s challenge to Section 21.130 rests on Article III, Section 7, of the Missouri Constitution. Section 7 provides that once a plan of reapportionment has been properly filed, “[thereafter senators shall be elected according to such districts until a reapportionment is made as herein provided.” The Board reads this section to say that reapportioned (“new”) districts must be used in every election following the adoption of the reapportionment plan. They argue that this is the clear and unambiguous meaning of Section 7. Because Section 21.130 requires a different result, the Board concludes, there is an irreconcilable conflict between the constitution and the statute.

Contrary to the Board’s contentions, we believe Article III, Section 7 is ambiguous on this issue. The question of ambiguity cannot be viewed in the abstract. A particular word or phrase in any writing is ambiguous only with reference to some specific issue. The specific issue in this case is whether the language of Article III, Section 7 addresses special elections to fill vacancies that occur after an apportionment plan is filed but prior to the next general election in a specific district. On this issue Section 7 is ambiguous.

In construing individual sections, the constitution must be read as a whole, considering other sections that may shed light on the provision in question. State v. Toberman, 363 Mo. 245, 250 S.W.2d 701, 705 (1952).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Barrett v. Greitens
542 S.W.3d 370 (Missouri Court of Appeals, 2017)
Chastain v. Geary
539 S.W.3d 841 (Missouri Court of Appeals, 2017)
Timothy S. Pestka v. State
493 S.W.3d 405 (Supreme Court of Missouri, 2016)
Davidson Insurance Agency, Ltd. v. West Plains R-7 School District
235 S.W.3d 89 (Missouri Court of Appeals, 2007)
Smith v. State
152 S.W.3d 275 (Supreme Court of Missouri, 2005)
Continental Coal, Inc. v. Missouri Land Reclamation Commission
150 S.W.3d 371 (Missouri Court of Appeals, 2004)
Berlin v. Pickett
100 S.W.3d 163 (Missouri Court of Appeals, 2003)
Conseco Finance Servicing Corp. v. Missouri Department of Revenue
98 S.W.3d 540 (Supreme Court of Missouri, 2003)
Kinder v. Holden
92 S.W.3d 793 (Missouri Court of Appeals, 2002)
Querry v. State Highway & Transportation Commission
60 S.W.3d 630 (Missouri Court of Appeals, 2001)
B.S. v. State
966 S.W.2d 343 (Missouri Court of Appeals, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
841 S.W.2d 633, 1992 WL 214469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-mathewson-v-board-of-election-commissioners-mo-1992.