A Recent Lawsuit Could Put Missouri Sports Betting Ballot Measure in Jeopardy

A recent lawsuit filed could jeopardize the 2024 Missouri sports betting ballot measure that is currently set to be voted on during the general election this coming November.

The lawsuit in question was filed by political consultants Jaqueline Wood and Blake Lawrence sometime last week. John Ashcroft, the Missouri Secretary of State, is the defendant named in the suit. While the filing is obviously extensive, it basically seeks to invalidate the Missouri sports betting petition that was recently submitted. If it’s successful, it will prevent the initiative, which received more than 370,000 verified signatures, from being voted on in November. And that, in turn, would push back the timeline to legalize sports betting in Missouri even further—potentially delaying it indefinitely.

What’s the most likely outcome for these proceedings? And what’s the basis for the filing? Is there anything else at stake? Or something that could shift the tide one way or the other? Let’s explore.

Missouri Sports Betting Lawsuit Cites Flawed Approval Process

In order for the Missouri sports betting petition to crack the November ballot, the sponsors needed to receive at least 170,000 verified signatures. They more than doubled that total. However, the lawsuit argues that the bar for approval was based on outdated information. Here’s Pat Evans of Legal Sports Report with the full breakdown:

“The lawsuit argues the Secretary of State’s office used figures from the 2020 gubernatorial election to determine how many signatures were needed in each district. The initiative needed signatures from 8% of legal voters in six of eight congressional districts. [This added] up to at least 170,000 signatures. Winning for Missouri Education, the committee behind the initiative, turned in approximately 370,000 signatures before the May 5 deadline. State congressional districts were redrawn following the 2020 election. The suit said the new map was used to determine where the signatures were gathered. [That] would have resulted in insufficient figures in the 1st and 5th Congressional Districts. With that change, only four of eight congressional districts received adequate signatures, the suit argues.”

In essence, the plaintiffs believe that the Missouri sports betting proposal failed to enough signatures in two districts. Now, assuming this is a human error—and a valid error at all—it’s possible the bill’s backers could go back and hit the necessary benchmark. 

But the deadline for the Missouri sports betting petition to make the 2024 electoral ballot was May 5. We are now on the verge of entering September—more than three months removed from that date. So, if the lawsuit’s argument holds up, The Show-Me State will see another attempt to legalize sports betting fall by the wayside.

Winning for Missouri Education Already Pushing Back Against the Lawsuit

Winning for Missouri Education, the coalition leading the sports betting charge that consists of pro franchises like Major League Baseball’s St. Louis Cardinals, are already claiming that this is an egregious lawsuit.

”This effort to decertify our ballot inactive is completely without merit," St. Louis Cardinals President Bill DeWitt III said in a statement (via Evans). "Missourians came out in force to sign the petition that will be on the ballot in November."

This is not the first time that an initiative to legalize Missouri sports betting is facing last-minute resistance. In fact, steadfast opposition to legal wagering is the entire reason Winning for Missouri Education exists.

The last time a legal sports betting bill in The Show Me State was on the table, it was undermined by Senator Denny Hoskins. He wanted the proposal to include the legalization of video lottery terminals (VLTs). When a majority of his peers wouldn’t budge, he filibustered his heart out, a tactic that ultimately proved successful.

Of course, this obstacle is much different. There is an actual lawsuit involved. But similar logic applies. Despite Winning for Missouri Education getting plenty of signatures, there is a clear opposition to sports betting in the state. And even some supporters no doubt peeved that Winning for Missouri Education ventured off the beaten path. 

Instead of getting a Missouri sports betting bill approved by the House of Representatives and Senate, they traveled a route that puts the initiative directly on the ballot. Their reasoning, obviously, is that efforts to legalize sports betting through conventional means face unfair prejudice. And as DeWitt’s sentiments suggest, they view this lawsuit in identical terms.

What’s the Outlook for Missouri Sports Betting Now?

To be honest, this was a complicated question even before the lawsuit. While the measure has tons of supporters, its approval rating is far from universal. In particular, policymakers and even polled voters have expressed concerns about online sportsbooks in the United States entering the Missouri market. 

Though a bill that focuses on retail wagering may have garnered more bi-partisan backing, it was never in the cards. Why? Because FanDuel and DraftKings were among the financial contributors to this Missouri sports betting push. They gave a total of $6.5 million to help Winning for Missouri education gather the necessary number of signatures. 

It isn’t clear whether this will be a factor or point of issue when the case heads to circuit court on Thursday, September 5. But even if the measure survives, there’s no guarantee it will receive a majority of approval at the polls. 

Multiple surveys over the past couple of years suggest Missourians remain split when it comes to legal sports betting. Another poll with updated findings is expected to be released sometime soon. Its results very well could portend the fate of Missouri sports betting legalization just as much as, if not more than, this lawsuit.

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