A Missouri judge has allowed new U.S. House districts backed by President Donald Trump to be used in the November elections, rejecting a bid by to put the Republican-friendly districts to a statewide vote of the people.
The ruling Wednesday by Cole County Circuit Judge Daniel Green is a victory for Republicans seeking to hold onto their slim majority in the U.S. House. But the case is likely to end up in the state Supreme Court.
Missouri’s new districts already were used in the August primaries. On that same day, Republican Secretary of State Denny Hoskins rejected a petition with thousands of signatures seeking to force a November referendum on the map. Hoskins asserted that Missouri’s Constitution doesn’t allow a referendum on congressional redistricting.
The judge agreed with Hoskins and other Republicans, who joined in defense of the new map.
“The Missouri Constitution does not supply any statement — let alone a clear one — reallocating authority over congressional redistricting away from the General Assembly to a referendum process,” Green wrote in the ruling.
Opponents of the redistricting plan quickly announced an appeal.
“Everyone knows that Cole County is not the final decision here,” said Richard von Glahn, executive director of People Not Politicians, who sued to try to place the new map on the ballot. “After months of delay, we are pleased to be moving forward to the Missouri Supreme Court to enforce our constitutional rights.”
Missouri’s redistricting targeted Democratic congressman
Missouri’s current U.S. House delegation is made up of six Republicans and two Democrats who were elected from districts with boundaries drawn after the 2020 census.
But Republican Gov. Mike Kehoe called the Legislature into a special session on redistricting last year after Trump urged Republican-led states to redraw congressional boundaries to their advantage ahead of the midterms.
Missouri’s revised map is designed to help Republicans defeat Democratic U.S. Rep. Emanuel Cleaver of Kansas City. It reassigns portions of Kansas City to two neighboring districts represented by Republicans and stretches the remainder of Cleaver’s 5th Congressional District far eastward into Republican-heavy rural areas. About 59% of its voters are new to the 5th District, according to an Associated Press estimate.
State Sen. Rick Brattin won a Republican primary in the reshaped district in early August. Cleaver was unopposed for the Democratic nomination.
Republicans had argued that the new districts should be used in the November elections even if a voter referendum on the map was allowed to occur at the same time.
Lawsuit highlights dispute about referendum rights
The Missouri Constitution does not specifically say that a referendum can be used to decide congressional redistricting, nor does it forbid it, which is why the issue ended up in court.
Republican Attorney General Catherine Hanaway’s office, which represented the secretary of state in court, argued that congressional redistricting is a legislative duty not subject to referendum without specific constitutional permission.
The attorney general and the Republican Party also argued it was too late to switch district boundaries before the November election. Changing districts after the primary would cause “widespread voter confusion” and an “erosion in confidence in the integrity of the state’s elections,” said John Gore, an attorney for national, congressional and state Republican committees.
The judge agreed, ruling that a district swap after the primary would violate federal law.
It’s been more than 100 years since a Missouri redistricting plan faced a referendum. In 1922, voters rejected a new congressional map passed by the Republican-led Legislature. The legitimacy of that referendum petition was not challenged in court.
Redistricting battle spread to numerous states
Missouri’s mid-decade redistricting effort has been among the most litigated nationally, triggering about a dozen lawsuits over the past year.
The Republican-led state was the second, after Texas, to respond to Trump’s call to redraw congressional districts. Several other states followed. All told, Republicans hope to win as many as 16 additional seats from new House maps enacted in eight states: Texas, Missouri, North Carolina, Ohio, Florida, Tennessee, Louisiana and Alabama. Democrats, whose counterattack faced several setbacks, think they could win up to six additional seats from new districts in California and Utah.
It remains to be seen whether the redistricting works as intended for Republicans. The president’s party historically has lost congressional seats in the midterms, and Trump’s poor approval ratings could provide an extra hurdle for Republican candidates.
