The Missouri Supreme Court on Thursday ordered Secretary of State Denny Hoskins to place an initiative petition aimed at strengthening Missouri’s initiative and referendum process back on the November general election ballot, reversing a Cole County judge who had upheld Hoskins’ decision to declare the petition insufficient.
The unanimous ruling in Harris v. Hoskins found that Hoskins failed to comply with state law when he rejected Initiative Petition 2026-106 less than an hour before the statutory deadline on Aug. 4. The court ordered Hoskins to issue a certificate of sufficiency and take all necessary steps to place the measure on the ballot before Sept. 8.
The decision comes as Missouri election officials face a series of legal battles over initiative petitions ahead of the November election.
Court: Secretary Failed to Give Reason for Rejection
Hoskins issued a “Certificate of Insufficiency of Petition” at about 4 p.m. on Aug. 4, finding only that the petition was “insufficient under the Missouri Constitution” and directing that it not appear on the November ballot.
The Supreme Court found that was not enough.
Under Missouri law, the secretary of state is required to issue a certificate stating the reason a petition is insufficient. The court said Hoskins’ certificate did not identify any specific constitutional defect.
“The secretary failed to comply with section 116.150.2 by failing to identify in his certificate any reason the petition is insufficient under the Missouri Constitution,” the court ruled.
Hoskins attempted to incorporate a six-page opinion from Attorney General Catherine Hanaway into his certificate as an explanation for the decision. The Supreme Court rejected that approach, saying the statute does not allow the secretary to delegate his obligation to explain an insufficiency determination to another official.
The court said arguments raised later in litigation were therefore waived and could not be used to support the secretary’s decision.
Court Rejects Constitutional Arguments
The Supreme Court also rejected the substantive arguments Hoskins raised against the petition.
The secretary argued that the proposed amendment could create constitutional problems if approved by voters, including conflicts with provisions concerning the structure of government and restrictions on future legislatures.
But the court said those questions were premature.
Missouri courts generally do not decide whether a proposed constitutional amendment would violate the state or federal constitution before voters have approved it. The Supreme Court said Hoskins’ authority is limited to examining whether the petition itself complies with Missouri’s constitutional and statutory requirements.
“A certificate of insufficiency must be based on a defect in the petition, not on any perceived flaws in the proposal,” the court said.
The court further found that the petition complied with Missouri’s single-article and single-subject requirements.
The petition proposes changes to Article III of the Missouri Constitution, and the court said its provisions share the overarching subject of protecting citizens’ constitutional lawmaking power through the initiative and referendum process.
The court pointed to the ballot language previously certified by Hoskins as evidence that the provisions were connected to that central purpose.
Original Ballot Language Restored
The ruling also prevents Hoskins from replacing the ballot title that his office certified in September 2025.
After declaring the petition insufficient, Hoskins vacated the previously certified ballot title and issued a new version, arguing that the original language did not adequately explain the consequences of the amendment.
The Supreme Court found he did not have the statutory authority to do so.
Missouri law gives the secretary of state one opportunity to certify an official ballot title, with a 10-day window for citizens to challenge it in court. No challenge was filed against the original title.
The court said Hoskins was therefore bound by the ballot title previously certified by his office.
Petition Headed for November Ballot
The initiative petition was submitted in May with more than 300,000 signatures across nearly 70,000 pages. The secretary was required to determine whether the petition complied with Missouri law and issue a certificate of sufficiency or insufficiency by Aug. 4.
The Supreme Court’s ruling directs Hoskins to certify the petition as sufficient and place it on the November 2026 ballot using the original ballot title.
The court gave the secretary until Sept. 8 to complete the necessary steps to place the measure before voters.
The ballot question certified in 2025 asks voters whether to amend the Missouri Constitution to expand the initiative and referendum process, allow courts to revise ballot summaries through lawsuits, restrict the Legislature’s ability to weaken initiative and referendum powers, impose an 80% legislative threshold for certain changes to laws approved or rejected through the initiative process, and preserve existing majority-vote and signature requirements.
All judges concurred in the decision.
Jake Kroesen serves as the Editor of the Missouri Times. He hails from Independence, Missouri and enjoys all things Jackson County. A graduate of UCM, he obtained his degree in Political Science.
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