Lawsuit Seeks $80 Million from Secretary of State
Five Missouri voters are pursuing a claim against Secretary of State Denny Hoskins. They are seeking approximately $80 million due to his actions regarding a congressional redistricting referendum. This claim is based on a lesser-known state law dating back to 1909.
The proposed class action requests $500 for each of the about 162,000 verified petition signers. However, the case has not yet been classified as a class action, and no court has found Hoskins liable or awarded any damages.
The lawsuit, titled Bermudez et al. v. Hoskins, No. 26AC-CC00591, was filed on September 11 in the Cole County Circuit Court. It highlights Section 28.200 of the Missouri Revised Statutes. This law allows individuals aggrieved by a secretary of state’s neglect or failure to perform a legal duty to bring a lawsuit.
Details of the Alleged Misconduct
The claims arise from disputes over a congressional map enacted via House Bill 1 (HB1) in 2025. The issue involves whether Missouri should use its 2022 congressional map or the 2025 Republican-backed districts. The 2025 map might allow Republicans to win seven of Missouri’s eight House seats instead of six.
The Missouri Supreme Court ruled the 2025 districts were not active. Despite this, a federal judge required the use of the newer map. Justice Brett Kavanaugh later rejected support for this map, and the U.S. Supreme Court paused the judge’s order pending an appeal.
The plaintiffs allege that Hoskins declared the referendum petition insufficient though the petition contained enough valid signatures. Additionally, they claim Hoskins instructed local election authorities to use the HB1 map, contrary to the Missouri Supreme Court’s decision.
Further allegations point to Hoskins agreeing to a federal temporary restraining order, which the plaintiffs believe intended to bypass the state Supreme Court’s decision. These claims have yet to be proven as facts.
Potential Class Members
The proposed class involves registered Missouri voters whose referendum signatures were confirmed. These voters must have been state citizens at the time the petition was filed. Their names and addresses are reportedly available from the referendum petitions.
No class has been certified yet. The court must decide if the case can advance on behalf of the larger group before considering any classwide recovery.
Hoskins’ Response
Hoskins addressed the lawsuit on a social media platform, stating he would adhere to a federal temporary restraining order regarding the congressional election. He expressed confidence in resolving the issue in court.
Hoskins criticized his opponents, pledging to uphold Missouri’s values against external influences. He further shared an image online with a message of state pride.
Statutory Provisions
Section 28.200 stipulates that a secretary of state neglecting or refusing to fulfill legal duties must compensate the aggrieved party $100 to $500. This law dates to 1945, with its roots in earlier statutory versions.
The lawsuit claims Hoskins did not perform required duties related to the state’s congressional map referendum. However, the statute does not automatically award the $500 per plaintiff.
Calculation of $80 Million Claim
The proposed class includes verified signers of the referendum petition, equaling about 162,000 individuals. If each were awarded the statutory maximum, the potential recovery could reach around $80 million. This amount remains speculative and unestablished.
What Lies Ahead?
The court’s next steps involve assessing the proposed class and underlying claims. Key questions include whether Section 28.200 supports the sought classwide recovery and if each proposed member qualifies as aggrieved under the statute. Hoskins’ potential defenses also require consideration.
Responsibility for fulfilling any judgment, should the plaintiffs succeed, is still unknown.
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