Today, the Missouri Attorney General tweeted the false claim that the legislature’s proposed supergerrymander is in effect. HB1 is suspended and cannot become the law until an affirmative statewide vote, because Tuesday more than 305,000 signatures from Missourians across the state were filed with the Secretary of State’s Office.
It is historically undisputed by both Republicans and Democrats that laws subject to a citizen referendum are suspended when signatures are submitted. In 2017, a so-called ‘right to work’ law was suspended the moment signatures were submitted. During this time, Jay Ashcroft was the Secretary of State and Josh Hawley was the Attorney General. Ashcroft’s office even took the proactive step of showing reporters how a 1982 bill was suspended once signatures were submitted that year.
That legislation is suspended upon submission of signatures was also the opinion of the Secretary of State office and the Attorney General as of Monday December 8. In testimony provided by the Attorney General to a Federal judge the Secretary of State’s office stated the following:
“…if the defendants succeed in collecting the necessary signatures, the Missouri Constitution will prevent the new map from taking effect until a referendum occurs. SEe Mo. Const. Art. III 52(b).”
Richard von Glahn of People Not Politicians Missouri issued the following statement on the tweet.
“Tweets from our unelected Attorney General don’t change the law. The constitution does not allow the Attorney General or Secretary of State to unilaterally implement a statute that has been lawfully suspended. This 180 degree pivot, made after People Not Politicians successfully turned in over 305,000 signatures, is just the latest in a series of legally baseless claims made by the Attorney General via social media. People, not unelected politicians, will have the final say on the maps.”
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