Jeff J. Barnes v. Wendell Bailey

PER CURIAM This case involves an ongoing challenge to pari-mutuel wagering. When the pari-mutuel wagering petitions were submitted to the Secretary of State, he refused to place the proposal on the November 6, 1984 ballot. A mandamus action was brought, which resulted in an order requiring that the measure be placed on the ballot. Payne v. Kirkpatrick, 685 S.W.2d 891 (Mo. App. 1984). The voters adopted the amendment while the case was pending appeal. The Secretary of State moved to dismiss the appeal as moot, alleging that the pari-mutuel amendment is void because it is inconsistent with the lottery amendment which was adopted at the same election and which received a greater number of votes. This motion was overruled.