We Might Finally See Consequences for Gerrymandering Abuses

Missouri Legal Disputes Over Congressional District Maps Continue Ahead of November Elections

Missouri has been engaged in litigation for one year regarding the congressional district map to be used in the November elections. The dispute stems from a map enacted by the state legislature in 2025 and a referendum petition seeking to place the question of its use before voters. The petition collected more than 330,000 signatures, which local election authorities verified. Missouri Secretary of State Denny Hoskins declined to certify the petition, stating that legislative acts concerning congressional districts are not subject to referendum under the state constitution.

Five registered voters who signed the petition filed suit against Hoskins last week. They cite Section 28.200 of the Missouri Constitution, which provides that if the secretary of state neglects or refuses to perform duties required by law, aggrieved persons may recover between $100 and $500. The plaintiffs argue that Hoskins’s rejection of the petition was unlawful. They seek class-action status covering 162,000 of the signatories. University of Missouri law professor Charles Rhodes stated that the outcome will likely depend on how courts interpret the term “aggrieved.” Candidates whose districts changed between the primary and the scheduled general election, or signatories whose districts differ under the two maps, may meet the standard, while signatories whose districts remain the same may not.

In early September the Missouri Supreme Court ruled that the referendum petition was valid, declared the 2025 map ineffective, and directed that the 2022 map be used for the November election. Three days later Hoskins sought review in the U.S. Supreme Court; Justice Brett Kavanaugh denied the request. Republican U.S. Representative Robert Onder then filed a separate action. A federal district court judge issued an order directing use of the 2025 map. Hoskins initially followed that order rather than the state supreme court directive. The Missouri Supreme Court subsequently held Hoskins in contempt, citing his failure to perform duties required by law and attributing the conflicting orders in part to his own delay in reviewing the petitions. After a second U.S. Supreme Court action, Hoskins issued guidance to local election officials to use the 2022 map.

Mail ballots for overseas and military voters are scheduled to begin distribution on Friday. Candidates and voters remain uncertain about district boundaries and ballot composition. The competing federal lawsuit filed by Onder remains pending; the U.S. Court of Appeals for the Eighth Circuit is scheduled to hear arguments on Thursday, and any decision may be appealed further.

The 2025 map alters boundaries in the Kansas City area. Under that map, the district represented by Democratic Representative Emanuel Cleaver would be divided across three districts. Cleaver has represented the area since 2005. Approximately 23 percent of Missouri voters, more than one million people, would be placed in a different congressional district in November than the one used in the August primary. The state’s primary occurred three months before the general election, leaving limited time for any remedial primary.

The litigation concerns procedures for determining which map applies. Missouri election officials must reconcile orders from state and federal courts while preparing ballots. The Eighth Circuit’s forthcoming decision and any subsequent review will determine whether further adjustments occur before Election Day.