United Labor Committee of Mo. v. Kirkpatrick

Misconduct described in the present case should not be tolerated. I cannot agree with the majority that the evidence in the record did not demonstrate fraud in the present case; nor can I agree that § 126.-061, RSMo 1975, is mandatory solely in form or that the genuineness of the petition signers’ signatures is the only important element required by Chapter 126. Procedures set forth in Chapter 126 are not unduly burdensome on the initiative process, but are instead designed to safeguard it.

The statutory language of § 126.061 is mandatory and cannot be ignored. It provides that:

“[E]aeh sheet…