Q. Has an Unplug Musk proposal been attempted in Missouri before?
A. Yes! On May 7, 2014, Missouri GOP Governor Mike Kehoe and Missouri GOP U.S. Senator Eric Schmitt, then State Senators, voted to pass a Musk/Tesla® Ban in the Missouri Senate. Their goal was to ban Musk’s business model, which bypasses Missouri auto retailers and sells directly to consumers. Like many states, Missouri has long had a legal framework where autos were sold by hometown retailers who invested in and gave back to their communities, provided local service, and kept customer dollars close to home. To the surprise of many, Tesla®/Musk exploited loopholes in the decades-old “Auto Franchising Act.” Using legal pressure, they obtained a license to sell autos from the Missouri Department of Revenue.
The ban was sponsored by Mike Kehoe using language drafted for him by the Missouri Department of Revenue. The Musk/Tesla® Ban was included in “Senate Substitute” for House Bill 1124 (2014). With a 28 to 3 roll-call vote, Kehoe and Schmitt were joined by nearly the entire Republican and Democratic Caucuses in the Missouri Senate. As is their custom, Telsa® and Musk responded by hiring up nearly a dozen contract lobbyists. The Kehoe-Schmitt plan died when the 2014 legislative session ended in mid-May without the Missouri House of Representative having a chance to debate and vote on it.
Q. What happened after the Kehoe-Schmitt effort failed?
A. Governor Kehoe was undeterred. On January 22, 2015, one of his companies, Osage Ambulance, joined in litigation against Tesla®/Musk to drive them out of the state. They argued the existing Auto Franchise Act should have prevented Tesla®/Musk from selling in the state. Despite winning at trial and causing a pause in Tesla®/Musk sales, Kehoe lost on a technicality when the Missouri Court of Appeals concluded his company and others did not have “legal standing” to bring the lawsuit. Among other things, the Court of Appeals noted that the Auto Franchising Act only allowed suits on the “denial” of a license, but not the “granting” of a license to Tesla®/Musk.
Q. Will the Unplug Musk proposal hold up to legal challenges?
A. Yes. Some states currently ban direct sales of autos by manufacturers to consumers— which is Tesla®/Musk’s business model. Those states embrace the public policy framework that autos are best sold by hometown retailers that invest in and give back to their communities, provide local service, and keep customer dollars close to home.
Most importantly, Tesla® and Musks’ own lawyers told the Missouri Court of Appeals in 2017 that Missouri can legally ban Tesla®. Referring to the Kehoe-Schmitt ban that was nearly enacted, Musk’s big firm lawyers at LathropGPM and O’Melveny told the court this: “If [Missouri] had wanted to impose such a blanket ban, it could and would have done so, in a few words, simply and directly in the [Auto] Franchising Act.” That is exactly what our initiative petition does, using the same language as the Kehoe-Schmitt Ban.
Given their broad and binding admissions in court, Musk, Tesla®, and their lawyers will be hard-pressed to challenge the substantive legality of this effort. Musk, Tesla®, and their lawyers could face court sanctions or defamation claims to now contend otherwise.
Q. What is a citizens’ initiative petition and how does it work?
A. The Missouri Constitution allows citizen petitions to place proposed legislation directly on the statewide ballot. Proponents gather voter signatures across the state on an official petition. If it meets the minimum signature threshold— about 111,000 registered voter signatures— the Unplug Musk question would appear on the ballot for an up or down vote.
Q. When would the Unplug Musk question appear on the ballot?
A. November 3,2026— that is the Congressional Midterm Election Day and Election Day for every member of the Missouri House, half the members of the Missouri Senate, and the Missouri State Auditor.
Virtually every elected official and candidate in Missouri will have to take a position, up or down, on Musk!
Q. What if we don’t make the ballot or lose the election?
A. Unlike most things in politics, if we lose, we still win.
Initiative petitions take time. Petition signatures are not due to the Missouri Secretary of State until May 2026. The Secretary of State has until August 2026 to validate the petition signatures. The election would be November 3, 2026.
In the meantime, this petition, along with Unplug Musk petitions and legislative efforts in other states, will hang over Tesla® and Musk like a cold drizzle.
Q. Can the Legislature repeal the ballot measure?
A. Yes, but if they do so after a successful Vote of the People, they will invite the wrath of Missouri voters in the next election. Again, if we lose, we win….