Five Missouri Voters Sue Secretary of State Over Redistricting Referendum

Five voters in Missouri have filed a lawsuit against Secretary of State Denny Hoskins, seeking around $80 million. They claim Hoskins mishandled a congressional redistricting referendum, citing a state law that has been in place since at least 1909. The proposed class action requests the maximum of $500 for each of the roughly 162,000 verified petition signers. The case has yet to be certified as a class action, and there has been no court ruling on Hoskins’ liability or any awarded damages.

Details of the Lawsuit

The lawsuit, known as Bermudez et al. v. Hoskins, was filed in Cole County Circuit Court. It relies on Section 28.200 of the Missouri Revised Statutes, allowing individuals to file a civil suit if they are “aggrieved” by the secretary of state’s neglect to fulfill a legal duty. Before becoming Missouri’s 41st secretary of state in 2024, Hoskins served in both the Missouri Senate and House of Representatives.

Allegations in the Lawsuit

The claims originate from a dispute over Missouri’s congressional map, established through House Bill 1 in 2025. This dispute involves whether to use the congressional map from 2022 or a Republican-backed version approved in 2025. The latter would potentially give Republicans seven out of eight House seats. Although the Missouri Supreme Court ruled the 2025 map was not in effect, a federal judge insisted on its use. However, Justice Brett Kavanaugh rejected a request to support the 2025 map. Consequently, the U.S. Supreme Court paused the federal judge’s order pending appeal.

The lawsuit accuses Hoskins of declaring the referendum petition insufficient, despite acknowledging valid signatures. It also alleges he instructed local authorities to employ the HB1 map, despite the Missouri Supreme Court’s directive for the 2022 districts. Additionally, the plaintiffs claim that Hoskins accepted a federal temporary restraining order, which they argue circumvents the state Supreme Court’s decision. These allegations have not yet been proven as facts in court.

The Potential Class

The proposed class covers registered Missouri voters whose referendum signatures were verified at the time of filing. The plaintiffs believe they can access the names and addresses of potential class members from the petition records. However, the class is not yet certified. The court must decide if the case can proceed on behalf of this group before any classwide recovery is possible.

Hoskins’ Defense

In his response on social media, Hoskins stated his intention to comply with a federal restraining order issued by Judge Clark. He expressed his eagerness to present his case in court, asserting his commitment to defending Missouri’s values against what he views as opposing forces. Hoskins further criticized his adversaries, comparing their governance unfavorably to New York City’s.

The Relevant Statute

Section 28.200 of the statute dictates that if the secretary of state neglects or refuses to perform prescribed legal duties, the official owes the aggrieved person between $100 and $500. This statute has a long history in Missouri, evolving over decades. The current provision took effect on August 28, 1945. The lawsuit argues that Hoskins did not complete duties related to the referendum on Missouri’s congressional map, though the statute does not automatically grant $500 to each plaintiff.

The Path to $80 Million

The lawsuit aims for about $80 million based on the proposed class definition and the statutory maximum award. With an estimated 162,000 people fitting this class, the potential recovery could reach this figure if awarded as requested. It’s important to note this amount is a requested figure, not yet a confirmed judgment or liability.

Next Steps

The court must first address the certification of the proposed class and gauge the validity of the statutory claim. Several questions need resolution, such as the classwide recovery’s permissibility under the statute and whether each claim can be considered “aggrieved.” The defense available to Hoskins will also be part of the proceedings. It is uncertain who would bear financial responsibility should the plaintiffs win.

Contact Newsweek editors Daniel Orton and Robert Greenall for further information.