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MO Court Orders House Map Put to Vote 09/04 06:28
JEFFERSON CITY, Mo. (AP) -- The Missouri Supreme Court has unanimously
blocked new congressional districts backed by President Donald Trump from being
used in the November election and ordered a statewide vote on whether to uphold
or reject the new map.
The decision Thursday marks a rare setback for Republicans in a national
redistricting battle. Republicans had hoped Missouri's new congressional
boundaries could help them win an additional seat and hold onto their slim
House majority in the midterms.
Missouri Attorney General Catherine Hanaway, a Republican, said she would
immediately appeal to the U.S. Supreme Court, asserting that the decision "has
thrust our state into a fullfledged constitutional crisis."
Missouri's new districts were used in the August primaries. But the state
Supreme Court said they cannot be used in the November general election -- or
ever again, unless voters first uphold the new districts passed by the
Republican-led Legislature.
The court ruled that the new districts were effectively placed on hold in
December, when opponents submitted over 300,000 petition signatures seeking to
put the map to a vote of the people. Republican Secretary of State Denny
Hoskins waited until primary election day in August to reject the petition. He
asserted that the referendum process cannot be used for congressional
redistricting. A lower court agreed, but the Supreme Court overturned Hoskins'
decision.
"The referendum petition was legal, sufficient, and timely, and the
secretary incorrectly concluded otherwise," the court said in its ruling. The
legislation containing the new districts "did not go into effect and will not
go into effect unless and until approved by the voters." As a result, the
congressional map adopted after the 2020 census "remains in full force and
effect for the November 2026 general election."
Hanaway, whose office represented Hoskins, called the ruling an
unprecedented violation of federal law. So did Republican Gov. Mike Kehoe, who
proposed the new congressional map to lawmakers.
"Never before in American history has a court overturned a congressional map
after a primary and before a general election," Hanaway said in a statement.
Court ruling hinged on referendum rights
The Missouri Constitution does not specifically say a referendum petition
can be used for a congressional redistricting law passed by the Legislature.
But the Supreme Court ruled that a constitutional provision allowing a
referendum on "any act" of the Legislature encompasses congressional
redistricting.
It rejected assertions from Hanaway's office that federal law prohibits
referendum petitions on congressional redistricting.
"This is what democracy looks like," said Richard von Glahn, executive
director of People Not Politicians Missouri, which sponsored the referendum
petition. "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."
Hoskins, acknowledging the loss, vowed to continue "the war to preserve our
constitutional republic."
The ruling, which capped a year of political maneuvering and legal
wrangling, was one of two to go against Republican officials Thursday. The
Supreme Court also ruled that Hoskins had wrongly rejected a petition for a
ballot proposal making it difficult for politicians to change measures enacted
by voters through citizen initiatives. The court also ordered that measure to
be placed on the November ballot.
Missouri redistricting targeted longtime Kansas City lawmaker
Missouri currently has six Republicans and two Democrats in the U.S. House.
After Trump urged Republicans to redraw congressional districts to their
advantage, Kehoe called lawmakers into a special session last year to
dramatically reconfigure the 5th Congressional District, held by Democrat
Emanuel Cleaver.
Cleaver, who was unopposed in the August primary, has carried the Kansas
City-based district with at least 60% of the vote in each of the past two
elections.
Republican state Sen. Rick Brattin won an August primary in the reshaped 5th
Congressional District, which had been stretched eastward to include rural
Republican areas. About 59% of the district's voters were new under the revised
map, according to an Associated Press estimate.
Cleaver had not posted campaign signs in many of the new rural areas,
explaining that he was waiting for the Missouri Supreme Court's decision. But
he had vowed to continue his reelection campaign regardless of the outcome.
"Despite the cynical and deeply shameful attempt to silence many of our
neighbors, the people fought back and won," Cleaver said in a social media post
Thursday.
Brattin, a Marine veteran and founding member of the conservative Missouri
Freedom Caucus in the state Legislature, said the decision disenfranchises
thousands of primary voters who now will be shifted to different districts with
candidates they didn't get to choose.
The court "handed Democrats a decision they desperately needed in their
effort to help national Democrats retake the U.S. House of Representatives,"
Brattin said in a statement.
Redistricting battle spread to over a quarter of states
Congressional districts typically are redrawn at the start of each decade,
based on new census data. But Trump's quest for a midterm election advantage
triggered an unusual mid-decade redistricting battle that spread to more than a
dozen states -- and triggered a dozen lawsuits in Missouri alone.
The Missouri Supreme Court ruling was one of only a few nationally to go
against Republicans' redistricting plans.
Prior to its latest ruling, Missouri's top court already had rejected claims
that the special session was illegal, mid-decade redistricting isn't allowed
and the new districts aren't compact enough.
After the Supreme Court heard arguments Wednesday, a couple hundred people
chanted "Let us vote!" while rallying outside the courthouse. Grant
Christensen, of Jefferson City, said he had signed the referendum petition to
put the map to a vote.
"Gerrymandering is the same as voter suppression," Christensen said.
"Cutting up districts in order to steer them to vote one way or the other is
not fair."
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