Missouri Sports Betting Initiative Lawsuit Complicating Ballot Matters

• A pending lawsuit against the Missouri sports betting initiative leaves the general election ballot in flux
• The ballot will be “set in stone” if the lawsuit is not wrapped up by Tuesday, Sept. 10
• If a judge rules in favor of the plaintiffs, the initiative results will likely be moot

A pending lawsuit against Missouri’s sports betting initiative is complicating matters for the state’s upcoming November general election.

According to JoDonn Chaney, director of communications for the Missouri Secretary of State’s Office, the state cannot modify its general election ballot after Tuesday, Sept. 10, as required by Missouri statute. The state certified its primary election results and its final ballot form earlier this week.

The question will appear on all official Missouri general election ballots if the lawsuit is not resolved prior to Sept. 10. However, the initiative’s election results may be moot depending on the court’s ruling in the case.

Pending Lawsuit Complicating Matters

The Circuit Court of Cole County has set an introductory hearing for the pending lawsuit on Thursday, Sept. 5, at 10:30 a.m. CST. The lawsuit asserts that Missouri Secretary of State John “Jay” Ashcroft improperly certified the sports wagering petition for the upcoming general election.

If a judgement on the lawsuit is not granted by Sept. 10, voters will see the sports betting initiative question on the official Nov. 5 election ballot no matter what, Chaney said.

Here’s where things get complicated. If Judge Cotton Walker rules in favor of the plaintiffs after the Nov. 5 election, the initiative results will be invalidated whether they were approved or denied by voters.

Further adding to the complications, if Walker rules in favor of the plaintiffs sometime between Sept. 10 and the general election, the question will still appear on the ballot even though the results will not count.

A similar situation involving a ballot measure occurred in Missouri this year. Voters passed a constitutional amendment in 2022 requiring Kansas City increase its minimum funding to the police department. A lawsuit was filed against the measure in 2023, which claimed the original question was inaccurate, and the Missouri Supreme Court agreed with the assessment and ruled the election results invalid.

The Missouri Supreme Court ordered a new statewide vote on the question, which took place on Tuesday, Aug. 6. The question was again approved by Missouri voters.

Lawsuits Muddling Election Season

Ashcroft validated the initiative petition to legalize sports betting in the Show-Me State on Tuesday, Aug. 13. Ashcroft ruled it received a sufficient amount of valid signatures to be placed on the November 2024 general election ballot.

However, a lawsuit was filed against the initiative on Wednesday, Aug. 21. The plaintiffs, Jacqueline Wood and Blake Lawrence, claim the Winning for Missouri Education campaign actually came up short in Missouri’s First and Fifth Congressional Districts and Ashcroft’s determination of sufficiency was incorrect.

Missouri requires a referendum initiative to collect signatures from 8% of valid voters from the previous gubernatorial election in at least six of its eight total congressional districts to be placed on a ballot.

However, the plaintiffs allege that Ashcroft did not correctly calculate the number of signatures because he failed “to take the total number of people who voted for governor in 2020, multiply that number by eight percent, and then divide that number equally among Missouri’s eight Congressional Districts.”

The lawsuit claims if Ashcroft had correctly calculated the number of necessary signatures, the initiative would have also fallen short in the state’s first and fifth Congressional District.

The sports betting initiative is not the only petition facing a lawsuit this election, as a constitutional amendment question to restore abortion access in the Missouri is being challenged as well.

Chaney said it has been a frustrating election season so far.

“If you don’t like the initiative petition process, if you don’t like the outcome of an initiative, or you just don’t like what happens, just sue and you can try to get something changed,” Chaney told Sports Betting Dime.