The Missouri Supreme Court unanimously ruled that a disputed congressional redistricting map must go to a public vote on the November 3 ballot, reversing a circuit court decision and striking down Secretary of State Denny Hoskins’ refusal to certify the referendum petition.
Unanimous Ruling Sends Redistricting to Voters
The Missouri Supreme Court delivered a decisive legal decision, ruling that a referendum petition challenging the redrawn congressional map was legal, sufficient, and timely. The referendum petition was legal, sufficient and timely, and the secretary incorrectly concluded otherwise,
the ruling says. HB 1 did not go into effect and will not go into effect unless and until approved by the voters.
The Missouri Supreme Court said that the congressional redistricting established in 2022 remains in full force and effect for the November 2026 general election.
The high court’s decision followed earlier legal maneuvering in which the Supreme Court pushed for a quick lower court decision. In a Monday, Aug. 10, letter to Cole County Circuit Judge Daniel Green, Chief Justice William Brent Powell noted that state law requires the case to be moved to the front of the docket and heard and decided … as quickly as possible.
Whatever he decides, Powell wrote, the case is likely to be appealed. Accordingly, the matter must be handled expeditiously to ensure sufficient time for expedited appellate review to be completed,
Powell wrote. Your cooperation in ensuring a timely resolution of this matter in both the circuit and appellate courts is appreciated.
The trial court had to act quickly because state law doesn’t allow the courts to add anything to the ballot after Sept. 8.
Clash Over Constitutional Authority and Signature Thresholds
The legal showdown reached the state’s highest court following a challenge to Secretary of State Denny Hoskins’ actions. On Aug. 4, 2026, Secretary of State Denny Hoskins declared an attempted referendum insufficient despite necessary signatures. Hoskins said it wasn’t about the signatures, and that the petition could have 500 million signatures,
but the challenge itself would still be unconstitutional. That determination brought about the latest case in the state Supreme Court and ultimately led to the ruling. On Aug. 4, Hoskins blocked from the ballot a referendum petition submitted by a political action committee called People Not Politicians that contained more than 300,000 signatures. At the same time, he declared that a proposed constitutional amendment, submitted by initiative petition, will not be on the ballot because it improperly includes more than one subject. Hoskins declared that the Missouri and federal constitutions do not allow a referendum on a redistricting plan, and Hoskins refused to say whether either petition had enough signatures to make the ballot, saying his determination they were unconstitutional made the signature counts irrelevant.
Members of the court heard arguments on Wednesday on the case, along with two others dealing with referendums. Two of the issues had to be resolved by Tuesday, the deadline for court-ordered additions to appear on the Nov. 3 ballot. Arguing for the plaintiffs in the case, attorney Chuck Hatfield said his clients did what the state authorizes them to do. The plain language is that the people have a right to a referendum on any act of the General Assembly. Was this an act? It says it was. I don't think there's any dispute about that,
Hatfield said. Arguing for the state, solicitor general Lou Capozzi said a plain reading of the constitution actually bars a referendum on redistricting. Article Three, Section 7H says, 'No redistricting plan shall be subject to the referendum.' That plain text resolves this case,
Capozzi said. At the time the case was heard in circuit court, Hatfield said that particular section refers to the redistricting of Missouri state Senate and House districts that is done by committee, not congressional redistricting. Capozzi said if the court were to uphold the referendum, they should not freeze the new map and therefore stop it from going into effect before the November election, adding that such a move would annihilate the General Assembly's redistricting authority.
The case over whether the referendum will be on the ballot marked the last chance for the campaign to overturn the gerrymandered redistricting plan that Republicans pushed through the Legislature last year under pressure from President Donald Trump. Through more than a dozen lawsuits, opponents of the plan have lost or been stymied as they questioned the legality of the map passed to favor Republicans in the 5th Congressional District, in an ongoing fight over gerrymandering that involves the new map at the center of political controversy since its inception and subsequent approval by Missouri Gov. Mike Kehoe on Sept. 28, 2025.
“This is what democracy looks like, the people of Missouri demanded a voice, and the court just confirmed what we’ve been saying all along. People, not politicians, will have the final say.”
Richard von Glahn, executive director of People Not Politicians Missouri
This victory reaches beyond Missouri. In a year, when map-drawing has become a national weapon, courts across the country are watching what happens here. A Missouri win for the referendum is a signal that the people still hold power,
Richard von Glahn said in a news release.
