State ex rel. Teichman v. Carnahan

357 S.W.3d 601, 2012 WL 135440, 2012 Mo. LEXIS 6
CourtSupreme Court of Missouri
DecidedJanuary 17, 2012
DocketNo. SC 92237
StatusPublished
Cited by4 cases

This text of 357 S.W.3d 601 (State ex rel. Teichman v. Carnahan) 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. Teichman v. Carnahan, 357 S.W.3d 601, 2012 WL 135440, 2012 Mo. LEXIS 6 (Mo. 2012).

Opinion

PER CURIAM.

Molly Teichman, as a citizen and qualified voter,1 files a petition for permanent writs of prohibition and mandamus to prevent the Secretary of State from holding an election based on either the first or second senate apportionment plan and map signed and filed by the nonpartisan [603]*603senate reapportionment commission.2 Teichman alleges that the nonpartisan reapportionment commission had no express or implied constitutional authority to file a revised plan and map even though it was concerned that its original plan and map filed with the Secretary of State was constitutionally invalid. Therefore, she argues, this Court must look to the original plan and map to determine the constitutionality of the reapportionment. Teich-man’s primary allegation as to the original plan and map is that they are not constitutionally valid because they unnecessarily cross county lines in violation of art. Ill, sec. 7, of the Missouri Constitution.

The single function of this Court in this case is to determine whether the constitutional requirements and the limitations of power, as expressed in art. Ill, sec. 7, were followed by the nonpartisan senate reapportionment commission.3 The consti[604]*604tution itself provides what must be done when a court of competent jurisdiction determines that the reapportionment is invalid.

There are compelling reasons for this Court to promptly hear and rule on cases having effect on elections in view of the short timetables involved. This is noted in our case precedents and many statutes. Missourians to Protect the Initiative Process v. Blunt, 799 S.W.2d 824 (Mo. banc 1990); State ex rel. Gralike v. Walsh, 483 S.W.2d 70 (Mo. banc 1972); Preisler v. Doherty, 365 Mo. 460, 284 S.W.2d 427 (1955); sections 115.535 and 115.551, RSMo 2000. The time limitations in this case, for example, provide that filing for the primary election begins on February 28, 2012, and ends on March 27, 2012. Sections 115.349(2) and 115.349(1), RSMo 2000. The petition is sustained, and a writ of prohibition directed to issue to the Secretary of State.

Procedural History

Pursuant to art. Ill, secs. 2 and 7, of the Missouri Constitution, “after the population of this state is reported to the President for each decennial census of the United States,” a state bipartisan reapportionment commission of citizens (“the bipartisan reapportionment commission”) must be appointed to develop new apportionment plans and maps for the Senate. Once formed, the bipartisan reapportionment commission has six months to “file with the secretary of state a final statement of the numbers and boundaries of the districts, together with a map of the districts.” Mo. Const, art. Ill, § 7. The constitution further provides that:

[I]f the statement is not filed within six months of the time fixed for the appointment of the commission, it shall stand discharged and the senate shall be apportioned by a commission of six members appointed from among the judges of the appellate courts of the state of Missouri by the state supreme court, a majority of whom shall sign and file its apportionment plan and map with the secretary of state within ninety days of the date of the discharge of the apportionment commission.

Id.

In the instant matter, the bipartisan reapportionment commission was required to file a plan and map by at least seven members with the Secretary of State by September 18, 2011. When it failed to do so, MO. CONST, art. Ill, § 7 provides that it is discharged and directs this Court to appoint six judges of the appellate courts, of which no more than two can be from any district4 to sign and file an apportion[605]*605ment map with the Secretary of State within 90 days. MO. CONST, art. Ill, § 7; MO. CONST, art. V, § 4.3. Accordingly, as expressly required by the state constitution, this Court appointed six appellate judges to serve on the nonpartisan reapportionment commission. Id.

The reapportionment of the senate districts and preparation of the map continues to be a legislative function despite the constitution’s requiring appellate judges to draw the lines. Members of this Court are not appointed to perform this legislative function, no doubt because Missouri’s Constitution provides that in the event a judicial challenge is made to the process, a court of competent jurisdiction is required to determine the validity of the reapportionment plan and map — this Court could not determine the validity of a map it helped draw. After appointment of the nonpartisan reapportionment commission, this Court had no further right or responsibility regarding the reapportionment process until this petition was filed.

On November 30, 2011, the nonpartisan reapportionment commission unanimously approved, signed and filed with the Secretary of State a reapportionment plan and related maps redistricting the boundaries for the Missouri Senate.

On December 9, 2011, the nonpartisan reapportionment commission purported to withdraw the plan it had submitted on November 30 and filed with the Secretary of State a “revised” (second) Senate reapportionment plan purporting to supersede the original one.5 In explaining its rationale for withdrawing its original plan, the nonpartisan reapportionment commission stated that it had “opted to revise the plan upon further consideration of a constitutional provision regarding multi-district counties, even though that provision may not apply to redistricting maps drawn by the appellate judges.”

The provision to which the bipartisan reapportionment commission referred, and around which this case centers, is contained in art. Ill, sec. 7, which states in pertinent part that:

The commission shall reapportion the senatorial districts by dividing the population of the state by the number thirty-four and shall establish each district so that the population of that district shall, as nearly as possible, equal that figure; no county lines shall be crossed except when necessary to add sufficient population to a multi-district county or city to complete only one district which lies partly within such multi-district county or city so as to be as nearly equal as practicable in population. Any county with a population in excess of the quotient obtained by dividing the population of the state by the number thirty-four is hereby declared to be a multi-district county.

Mo. Const, art. Ill, § 7 (emphasis added).

Teichman contends that the revised reapportionment plan and related maps, that [606]*606was signed by four of the six commissioners and filed with the Secretary of State by the nonpartisan reapportionment commission is invalid because the commission lacked authority to withdraw its original plan in lieu of a revised plan. Teichman further argues that the first plan would otherwise remain in effect, but that, in this case, it too is invalid because it violates art. Ill, sec. 7, of the constitution.

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Cite This Page — Counsel Stack

Bluebook (online)
357 S.W.3d 601, 2012 WL 135440, 2012 Mo. LEXIS 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-teichman-v-carnahan-mo-2012.