A Missouri judge has allowed the state’s GOP-backed congressional redistricting map to remain in effect for the November election, ruling that voters cannot overturn it through a referendum and handing Republicans a major victory in the 2026 midterms.
Cole County Judge Daniel Green ruled Wednesday that Missouri’s referendum powers do not apply to congressional redistricting, upholding Secretary of State Denny Hoskins’ earlier decision to block a referendum petition signed by over 300,000 voters. The group People Not Politicians had sought to freeze the map and allow voters to decide whether to keep it, but Green determined the Missouri Constitution does not explicitly authorize referendums on federal congressional maps.
The new map, passed by Missouri’s Republican-controlled legislature in 2025, redraws congressional districts in ways that divide Kansas City into three separate districts. This reconfiguration is widely seen as targeting longtime Democratic Rep. Emanuel Cleaver, who currently represents the Kansas City area. The map took effect for the August primary election and will now be used in November’s general election.
Judge Green’s reasoning centered on what legal scholars call the “clear statement rule.” He found that although the Missouri Constitution does not explicitly prohibit referendums on congressional maps, it also does not explicitly authorize them. “Given the General Assembly’s unique authority over congressional redistricting, this Court will not lightly infer that the Missouri Constitution elsewhere divested that authority absent a clear statement,” Green wrote in his decision.
Attorneys for People Not Politicians argued that the Missouri Constitution’s Article III, Section 49 grants citizens broad referendum power over “any act of the general assembly” unless specifically exempted. The group contended that if the referendum had been allowed and succeeded, Missouri would have reverted to its 2022 congressional map, which was also approved by lawmakers. “No one is asking for a map that has not been approved by the legislature,” said Chuck Hatfield, the group’s attorney.
Missouri Solicitor General Louis Capozzi countered that allowing a referendum would enable a small minority of voters—roughly 3.3 percent of registered voters can force a referendum if they gather signatures in two-thirds of congressional districts—to overturn the will of elected representatives. He also raised concerns about timing, noting that candidates had already run their primary campaigns under the new map in August.
Mid-decade redistricting has become increasingly common in recent years. Since summer 2025, at least 10 states have redrawn their congressional maps between decennial census cycles, a practice not seen at such rates since the 1800s. The U.S. Supreme Court has previously ruled that neither the Constitution nor federal law prohibit mid-decade redistricting, leaving such decisions to state constitutional law.
People Not Politicians filed an appeal to the Missouri Supreme Court within two hours of Green’s decision. The state Supreme Court has set a September 8 deadline for finalizing the November ballot, creating pressure for a swift resolution. If the state’s top court reverses Green’s ruling, it could potentially prompt candidates who won primary elections under the current map to seek redo elections.
Governor Mike Kehoe, who had urged lawmakers to pass what he calls the “Missouri First Map,” called the decision a victory. “Missourians voted for candidates using this map in August, and they deserve the ability to elect those candidates in November,” Kehoe said.
Sources
- St. Louis Public Radio — Judge Green’s ruling that referendum powers do not apply to congressional redistricting, the map’s targeting of Rep. Cleaver, and People Not Politicians’ appeal to the state Supreme Court
- KOMU News — Detailed legal arguments from both sides, Judge Green’s interpretation of the Missouri Constitution, and the timing concerns raised by state officials
- Associated Press — Judge’s ruling allowing the GOP-backed map to remain in effect for the November election
- National Conference of State Legislatures — Context on mid-decade redistricting trends across 10 states since summer 2025
