JURISDICTION AND VENUE
Plaintiff brings this action pursuant to the Revised Statutes of Missouri Chapter116, Chapter 527, Chapter 536, and Missouri Rule of Civil Procedure 87.5.
Venue is proper in this Court pursuant to Section 116.190.1, RSMo.
ALLEGATIONS COMMON TO ALL COUNTS
On or about August 12, 2011, Marc Ellinger submitted to Defendant Carnahansample sheets for two different versions of a constitutional initiative petition proposing to amendArticle X of the Missouri Constitution, identified as version 10 and version 11 by Mr. Ellinger.("Initiative Petition Sample Sheets" or "Version 10" and "Version 11"). A true and correct copyof the sample sheets, including the text of the proposals are attached hereto as Exhibits A-10 andA-11 and incorporated by reference.7.
On or about August 15, 2011, Defendant Carnahan transmitted copies of theInitiative Petition Sample Sheets to Defendant Schweich for the purpose of preparing fiscal notesand fiscal note summaries under Section 116.175, RSMo.8.
On or about September 13, 2011, Defendant Schweich transmitted Fiscal Note11-58 (corresponds to version 10) and Fiscal Note 11-59 (corresponds to version 11) with fiscalnote summaries in each note (“Fiscal Notes” and “Fiscal Note Summaries” respectively) toDefendant Carnahan. True and correct copies of the Fiscal Notes and Fiscal Note Summaries areattached hereto as Exhibit B-10 and B-11 and incorporated by reference.9.
On or about September 14, 2011, Defendant Carnahan certified the Official BallotTitles for Versions 10 and 11, identified as 2012-070 and 2012-071, respectively, comprised of the Summary Statements and the Fiscal Note Summaries. True and correct copies of theCertifications of Official Ballot Title 2012-070 and 2012-071 are attached hereto as Exhibits C-