Background of the Lawsuit
Five Missouri voters have filed a lawsuit against Secretary of State Denny Hoskins over his handling of a congressional redistricting referendum. They are seeking around $80 million based on a state law dating back to 1909. The proposed class action aims for a statutory maximum of $500 for each of approximately 162,000 verified petition signers. However, the case is yet to be certified as a class action, and no liability or damages have been awarded to Hoskins.
Details of the Case
The lawsuit, titled Bermudez et al. v. Hoskins, No. 26AC-CC00591, was filed on September 11 in Cole County Circuit Court. It revolves around Section 28.200 of the Missouri Revised Statutes, allowing individuals aggrieved by a secretary of state’s neglect to file a civil suit. Hoskins, elected as Missouri’s 41st secretary of state in 2024, previously served in both the Missouri Senate and House of Representatives.
Allegations Against Hoskins
The lawsuit stems from conflicts related to a congressional map established by House Bill 1 (HB1) in 2025. Disputes exist over whether Missouri should use its 2022 congressional map or the Republican-backed districts from 2025. The latter could favor Republicans in seven of Missouri’s eight House seats. Although the Missouri Supreme Court blocked the 2025 map, a federal judge instructed officials to use it, but the full U.S. Supreme Court paused the ruling during an appeal.
The plaintiffs allege that Hoskins claimed the referendum petition was insufficient despite acknowledging enough valid signatures. They also accuse him of directing local authorities to apply the HB1 map after a state Supreme Court ruling indicated the use of the 2022 map. Tasked with a federal temporary restraining order, plaintiffs suggest Hoskins tried bypassing the state Supreme Court’s decision. These remain allegations and not established facts.
Potential Class Members
The proposed class encompasses registered Missouri voters whose referendum signatures were validated, and who were Missouri citizens at petition filing. The plaintiffs claim these individuals can be identified through the referendum petitions. Yet, class certification is pending, with court approval necessary for case progression on behalf of the larger group.
Hoskins’ Position
On social media platform X, Hoskins defended his actions, asserting compliance with a federal temporary restraining order. He vowed to represent Missouri’s values and rebuffed critics. He later shared an image with the caption “God bless the Show-Me State.”
About Section 28.200
Section 28.200 allows claims when the secretary of state neglects legal obligations, mandating payouts between $100 and $500 to aggrieved individuals. Its origins trace back to earlier statutes from 1909 to 1939, with the current form effective from August 28, 1945. The lawsuit leverages this law, suggesting Hoskins didn’t fulfill duties related to the referendum over Missouri’s congressional map.
While the statute provides for up to $500 per plaintiff, this doesn’t automatically entitle them to that amount.
Lawsuit’s Financial Calculation
The proposed class includes registered voters whose petition signatures were verified and met citizenship criteria at the filing time. Approximately 162,000 people fit this definition, potentially leading to $80 million if each member receives the statutory maximum. This sum represents the lawsuit’s request, not any imposed penalty, verdict, or determined liability.
Legal Process Ahead
The court must first address the class proposal and the statutory claim. It needs to clarify whether Section 28.200 supports a classwide recovery as demanded by the plaintiffs. Eligibility as “aggrieved” individuals under the statute and Hoskins’ defenses also require resolution.
Responsibility for any judgment, if the plaintiffs win, is uncertain.