From Newsweek · · 2m
The 1909 law behind a $80 million suit against Missouri's top election official
Five voters dug up a statute older than most Missouri voters' grandparents to sue the secretary of state over a redistricting petition.
In brief
Five voters dug up a statute older than most Missouri voters' grandparents to sue the secretary of state over a redistricting petition. Section 28.200 lets an aggrieved person collect $100 to $500 when Missouri's secretary of state skips a legal duty, and 162,000 petition signers multiplied by $500 is where the $80…
Five voters, $80 million
Five Missouri voters filed a proposed class action against Secretary of State Denny Hoskins over his handling of a congressional redistricting referendum. They want roughly $80 million.
Filed in Cole County
Bermudez et al. v. Hoskins, No. 26AC-CC00591, landed September 11 in Cole County Circuit Court. No class has been certified, no liability found, no damages awarded.
A statute from 1909
The suit rests on Section 28.200, which says a secretary of state who neglects or refuses a legal duty shall pay the aggrieved person between $100 and $500. Earlier versions trace to 1909.
“neglects or refuses to perform any duty imposed upon him by law”
The map fight underneath
Missouri is split over whether to use its 2022 congressional map or the Republican-drawn 2025 districts from House Bill 1, which could hand Republicans seven of eight House seats instead of six.
Courts pulling opposite ways
The Missouri Supreme Court said the 2025 districts never took effect. A federal judge then ordered officials to use them. The U.S. Supreme Court has paused that order pending appeal.
What Hoskins is accused of
Plaintiffs say he called the referendum petition insufficient without disputing it had enough valid signatures, told local election authorities to use the HB1 map, and agreed to a federal restraining order they call an end run.
He says he'll comply
Hoskins posted on X that he will keep abiding by Judge Clark's federal restraining order, took a shot at "the communists running NYC," and later shared a photo of himself holding a drink.
“I look forward to my day in court.”
The math, and its limits
About 162,000 verified signers of the People Not Politicians petition times the $500 statutory maximum equals roughly $80 million. That is the ask, not a judgment or a fine.
Big unanswered questions
A court still has to decide whether 28.200 even allows classwide recovery, whether each signer counts as a "person aggrieved," and who would actually pay if the plaintiffs win.
The bottom line
Section 28.200 lets an aggrieved person collect $100 to $500 when Missouri's secretary of state skips a legal duty, and 162,000 petition signers multiplied by $500 is where the $80 million comes from.
