State ex rel. Teichman v. Carnahan

Molly Teichman, as a citizen and qualified voter, filed a petition for permanent writs of prohibition and mandamus to prevent the secretary of state from holding an election based on either the original or revised Senate plan and map submitted by the nonpartisan senate reapportionment commission. The Supreme Court sustained the petition and directed that a writ of prohibition issue to the secretary of state, holding (1) the commission had no authority to revise the reapportionment process on its own volition even if a majority of the members of the commission recognized a constitutional infirmity in the plan and map that had been unanimously signed and filed; (2) the original plan and map violated a clear and express constitutional limitation regarding the splitting of counties and was, therefore, invalid; and (3) Mo. Const. art. III, 7 compelled the legislative process to be redone in accordance with its terms. Remanded. View "State ex rel. Teichman v. Carnahan" on Justia Law