The Missouri Supreme Court ruled unanimously on September 3 that the state’s 2025 congressional map cannot be used in the November election and that voters must approve it by referendum. Writing for the court, Judge Ginger Gooch held that the Missouri Constitution’s provision authorizing a referendum on “any act of the general assembly” contains no exception for redistricting because the plain language of the Missouri Constitution authorizes a referendum for any act of the general assembly, and no existing exception applies. The decision reverses Cole County Circuit Judge Daniel Green, who had ruled in August that the federal Elections Clause assigns congressional redistricting solely to state legislatures. Gooch addressed that argument directly, noting that the U.S. Supreme Court reaffirmed a 1916 decision three years ago and “again rejected the argument the Elections Clause prohibits a state referendum as to legislation drawing new congressional districts.” The Court was referring to Moore v. Harper, 600 U.S. 1 (2023), which held that “The Elections Clause does not vest exclusive and independent authority in state legislatures to set the rules regarding federal elections.”
The court went further than just placing the question on the ballot; it added an order barring Secretary of State Denny Hoskins “and all of those acting in concert with him” from using the 2025 map for the November election unless voters approve it, in which case it would take effect 30 days later. It is the first time a Missouri congressional plan has gone before voters since 1922. The November general election must be held under the map enacted in 2022.
The mechanism behind the ruling matters as much as the holding. Under the Missouri Constitution, a certified referendum suspends the law it challenges, so the court concluded that the 2025 map was suspended when People Not Politicians filed its petition on December 9, 2025, meaning the map was never legally in effect, even though the August 4 primary was conducted under it. The court did not invalidate the primary results, and the winners have been certified for the November ballot. The referendum will appear as Proposition A, asking whether voters approve House Bill 1 from the 2025 second extraordinary session; a “yes” vote enacts the map, and a “no” vote rejects it. In a footnote, Gooch addressed Hoskins’ warnings about administrative disruption, writing that they were “particularly misplaced given the secretary’s delay created the confusion, expense, and practical difficulties of which he complains.” Hoskins had waited until August 4, the last day available to him and the same day as the primary, to reject the petition.
The Missouri Supreme Court denied Hoskins’ request for a stay on Friday morning without comment, and late that night Hoskins and Attorney General Catherine Hanaway filed an emergency application with U.S. Supreme Court Justice Brett Kavanaugh, who handles appeals from the Eighth Circuit. Solicitor General Lou Capozzi wrote that the state court’s order violates the Elections Clause and that “a federal-election-administration disaster is unfolding in Missouri.” The application asks for a decision by September 14, which would leave time to mail ballots to overseas military voters by September 19, and Kavanaugh has directed People Not Politicians to respond by noon Monday, September 7. Chuck Hatfield, who argued the case for People Not Politicians, called the appeal “a fool’s errand, given the strength of this opinion,” and separately criticized Hanaway for appealing a state supreme court’s interpretation of state law.
A separate federal suit filed Friday in the Eastern District of Missouri by Paul Berry III, the Republican nominee in the 1st District, asks a three-judge panel to block use of the 2022 map on Voting Rights Act grounds and order the legislature to draw a new one; it does not challenge the referendum itself. Unless the U.S. Supreme Court intervenes, Missouri’s November election will be conducted under the districts used in 2022 and 2024.
Visit the Missouri State Almanac Page for more info.
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