Dotson v. Kander
435 S.W.3d 643
| Mo. | 2014Background
- SJR 36 passed the General Assembly and was certified for the August 5, 2014 ballot.
- Two groups challenged the sufficiency and fairness of the ballot summary under section 116.190; additional challenge claimed section 116.190 unconstitutional.
- The trial court consolidated the cases and entered a judgment July 1, 2014, ruling mootness due to the six-week pre-election deadline in section 115.125.2 or, alternatively, fairness and sufficiency of the ballot summary.
- Section 115.125.2 provides that no court shall order an issue to be placed on the ballot less than six weeks before an election, with limited exceptions.
- The court concluded it could not grant relief within the six-week deadline, rendering the appeal moot.
- Appellants argued that section 115.125.2 should not apply to revising an existing ballot title, citing Cole v. Carnahan; the court disagreed, reaffirming the six-week prohibition on modifications.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the six-week rule render the appeal moot? | Appellants seek relief by revising the ballot title within six weeks of election. | Section 115.125.2 bars court-ordered changes within six weeks; relief impossible. | Appeal dismissed as moot. |
| Whether section 115.125.2 permits ballot-title modifications within six weeks based on Cole interpretation? | Cole allows modification of a ballot title despite the deadline. | Cole is distinguishable; the rule prohibits modification within six weeks. | Court follows six-week prohibition; modification not allowed. |
| Is further judicial relief available via election contest despite mootness? | Judicial review of ballot title remains available for future contests. | moot; six-week rule forecloses relief, and election contest route exists only after certain events. | Not reached; mootness prevents relief. |
Key Cases Cited
- Cole v. Carnahan, 272 S.W.3d 392 (Mo. App. 2008) (modification of ballot title barred when within six weeks)
- State ex rel. Nixon v. Blunt, 135 S.W.3d 416 (Mo. banc 2004) (courts should freely give authority to changes before six weeks before election)
- State ex rel. Brown v. Shaw, 129 S.W.3d 372 (Mo. banc 2004) (after six-week deadline, relief limited to election contest)
- State ex rel. Reed v. Reardon, 41 S.W.3d 470 (Mo. banc 2001) (mootness requires actual controversy susceptible of relief)