State ex rel. Teichman v. Carnahan

Summary

The Missouri Supreme Court issued a writ of prohibition barring the Secretary of State from using either of two Senate reapportionment plans. The Court held that the nonpartisan reapportionment commission lacked authority to withdraw and replace its original plan after filing it, and that the original plan violated the Missouri Constitution by improperly crossing county lines. The Court directed that the reapportionment process be restarted under article III, section 7.

Holdings

1. The nonpartisan reapportionment commission lacked authority to withdraw its original Senate reapportionment plan and map and file a revised plan after the original plan had been signed and filed.
2. The original Senate reapportionment plan was invalid because it crossed county lines more than once in the multi-district areas of Jackson and Greene Counties.
3. A writ of prohibition was an appropriate remedy for the election-related constitutional challenge, and the writ was directed to issue against the Secretary of State.

Questions Presented

1. Whether a nonpartisan reapportionment commission may withdraw and replace a Senate reapportionment plan and map after signing and filing the original plan with the Secretary of State.
2. Whether the original Senate reapportionment plan violated article III, section 7 of the Missouri Constitution by crossing county lines more than once in multi-district counties.
3. Whether a writ of prohibition was an appropriate procedural vehicle for the constitutional election challenge.

Disposition

writ_granted