American Civil Liberties Union of Missouri and Sara E. Baker Missouri Cases

The American Civil Liberties Union of Missouri appealed the dismissal of its petition, which sought to compel the Secretary of State to approve a referendum petition sample sheet. The Secretary of State had rejected the sample sheet on constitutional grounds, asserting the underlying act was ineligible for referendum due to an emergency clause. The appellate court reversed the trial court's judgment, holding that the Secretary of State's authority at the pre-signature collection stage is limited to reviewing the sample sheet for "sufficiency as to form" as defined by statute, not constitutional compliance. The court entered judgment compelling the Secretary of State to approve the sample sheet and proceed with the referendum process.