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Five Missouri voters are invoking a little-known state law dating back more than a century in an attempt to recover roughly $80 million over Secretary of State Denny Hoskins' handling of a referendum challenging the state's congressional map.
The proposed class-action lawsuit, filed Friday in Cole County Circuit Court, seeks the statutory maximum payment of $500 for each of about 162,000 verified signers of the People Not Politicians referendum petition, the filing says. If a court ultimately agreed with that theory, the total could approach $80 million, though the court has yet to determine whether the case can proceed as a class action or whether the statute applies as the plaintiffs contend.
At the center of the case is a short provision of Missouri law, Section 28.200, which allows an "aggrieved" person to bring a civil action when a secretary of state allegedly neglects or refuses to perform a duty required by law. The statute, whose lineage stretches back to at least 1909, permits damages of between $100 and $500 per person.
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What Does the Lawsuit Allege?
The plaintiffs' claims stem from Missouri's dispute over a congressional map enacted through House Bill 1 (HB1) in 2025. The Republican-backed map could give the GOP seven of Missouri's eight U.S. House seats, rather than the six it currently holds.
The legal battle over the map has moved between state and federal courts. The Missouri Supreme Court ruled that the 2025 districts had not taken effect, while a federal judge later issued a temporary order requiring officials to use the newer map. The U.S. Supreme Court subsequently paused that order while litigation continues.
Against that backdrop, the lawsuit points to several actions Hoskins took during the congressional-map dispute. Among them was his decision to direct local election authorities to use the 2025 HB1 map after a federal judge issued a temporary restraining order, despite an earlier Missouri Supreme Court ruling that the 2022 map remained in effect. The Missouri Supreme Court later found Hoskins in contempt, though it said he purged that contempt after reversing course and directing officials to use the 2022 map.
The plaintiffs also challenge Hoskins' role in the federal litigation that produced the temporary restraining order. The Missouri Supreme Court later stated in its contempt ruling that Hoskins had consented to the request for the order and advocated for federal court intervention. The plaintiffs allege those actions violated duties imposed by state law.
Who Would Be Included?
The plaintiffs seek to represent registered Missouri voters whose signatures on the referendum petition were verified. While organizers submitted more than 300,000 signatures statewide, the complaint estimates the proposed class at about 162,000 verified signers. That means the potential recovery could reach about $80 million if each member were awarded the statutory maximum.
That figure is the amount requested in the lawsuit, not a fine, judgment or established liability, and whether the case can proceed as a class action remains for the court to decide.
Read the Lawsuit in Full
What Does the Statute Say?
Section 28.200 provides that if the secretary of state "neglects or refuses to perform any duty imposed upon him by law," the official "shall pay to the person aggrieved" between $100 and $500.
The provision has a long history. The state's statutory history traces earlier versions to 1909, 1919, 1929 and 1939, while the current provision became effective August 28, 1945.
The language is at the center of the new lawsuit because the plaintiffs argue that Hoskins failed to perform duties connected to a referendum over Missouri's congressional map.
The law does not itself establish that the plaintiffs are entitled to $500 each. That amount is the maximum provided by the statute.
What Happens Next?
The court would first have to address the proposed class and the underlying statutory claim.
Among the unresolved questions is whether Section 28.200 permits the kind of classwide recovery sought by the plaintiffs in this case. The court may also have to determine whether each proposed class member qualifies as a "person aggrieved" under the statute and what defenses are available to Hoskins.
It is also not yet clear what person or entity would ultimately be responsible for satisfying any judgment if the plaintiffs were to prevail.
Correction, 09/14/2026, 11:53 a.m. ET: An earlier version of this article incorrectly described an X post by Missouri Secretary of State Denny Hoskins as a response to the lawsuit discussed in this article. The reference has been removed.
Contact Newsweek editors on this story: Daniel Orton and Robert Greenall
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