8th Circuit rules Missouri must use 2025 congressional map in November election

The 8th U.S. Circuit Court of Appeals on Monday said Missouri must use its 2025 congressional map in this November’s election.

The ruling comes as a result of a federal lawsuit filed by State Sen. Rick Brattin and Rep. Bob Onder.

The court heard arguments from both sides last Thursday.

“The Constitution does not permit Missouri to use a different congressional district map in the November 2026 general election than it used in the August 2026 primary election,” the court said in its ruling.

In its opinion, the court cited that more than 1.4 million Missourians live in different districts under the two maps and that 284,000 people who voted in one district during the primary would be placed in a different district.

The court said the order will be stayed until 5 p.m. on Sept. 28, 2026 to allow time for an appeal.

Shortly after the appeals court’s ruling, Chief U.S. District Judge Stephen Clark formally entered a permanent injunction barring Secretary of State Denny Hoskins and officials acting with him from using any congressional map other than the 2025 map for the Nov. 3 election.

The injunction is also stayed until 5 p.m. Sept. 28 to allow time for further appellate review.

“Without any stay, Secretary Hoskins and local election authorities would be required to immediately begin implementing the 2025 map before the Supreme Court receives or decides any appeal,” the ruling said.

Judge David Stras concurred in part and dissented in part. While he acknowledged a “probable violation” of Article I, Section 2, Stras argued that People Not Politicians and Richard von Glahn lacked standing to appeal the case.

Late Monday night, People Not Politicians filed an emergency motion Monday asking the 8th U.S. Circuit Court of Appeals to put its congressional map ruling on hold while the group appeals to the U.S. Supreme Court.

The filing argues Missouri should continue using the 2022 congressional map while the Supreme Court considers the case.

People Not Politicians also said it will appeal the decision to the U.S. Supreme Court.

“Everyone is aligned on what is true. HB 1 is not the law and cannot be the law unless voters ratify it,” said Richard von Glahn, executive director of People Not Politicians Missouri. “The Supreme Court of Missouri, the United States Supreme Court, the Missouri Attorney General, Missouri Secretary of State and People Not Politicians all have agreed on this. Ballots have been printed, and Missourians have already voted. Thousands more will vote before this order seeks to take effect. Officials should stop wasting taxpayers’ money on pointless legal action and instead focus on administering our elections. Missourians are already voting and will continue to vote no on Proposition A through November 3.”

It could be the third time that the issue has hit the U.S. Supreme Court in some form.

Earlier this month, Supreme Court Justice Brett Kavanaugh rejected a request to block a Missouri Supreme Court ruling that requires the state returning to the 2022 congressional map for the November election.

Shortly after on the same day, Chief U.S. District Judge Stephen Clark issued a temporary order that said Missouri could only use the 2025 map.

Earlier this month, the U.S. Supreme Court granted a stay to block Clark’s order, putting the 2022 map in place.

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Who’s actually involved in the case?

There are several different players in this case, and they’re not all arguing for the same thing.

The federal lawsuit was brought by U.S. Rep. Robert Onder, state Sen. Rick Brattin and Missouri voters Patricia Thomas and Debra Havens. They argue there are federal constitutional problems with using the 2025 congressional districts for the August primary and then switching to the 2022 districts for November’s general election.

Missouri and Secretary of State Denny Hoskins are the defendants. The state has raised many of the same concerns about changing congressional districts between the primary and general election.

People Not Politicians and its executive director, Richard Von Glahn, intervened in the case. The group led the referendum effort against the 2025 map and appealed the federal judge’s order requiring use of that map. The U.S. Supreme Court has since put that order on hold while the appeal continues.

People Not Politicians is the party that initially appealed the federal judge’s ruling to the 8th Circuit. Onder, Brattin, Thomas and Havens later filed a cross-appeal.

What is Missouri arguing?

Missouri and Hoskins are asking the appeals court to look beyond which map will be used in November.

The state argues the case raises larger constitutional questions about whether congressional districts can change between a primary and general election after voters have already selected their nominees.

It is also challenging whether a referendum petition can suspend a congressional map enacted by the Legislature.

But the state acknowledges where things stand right now.

Hoskins said he is complying with the U.S. Supreme Court’s order that currently leaves the 2022 map in place.

The state is asking the 8th Circuit to address the broader constitutional questions even if the court does not change the map for November.

What does People Not Politicians say?

People Not Politicians argues the 2025 map was never legally in effect.

The Missouri Supreme Court ruled Sept. 3 that the referendum petition challenging HB 1 was legal and sufficient. Under that ruling, the referendum suspended the new map unless and until voters approve it.

That leaves the 2022 districts as Missouri’s congressional map for November.

The group also argues it’s simply too late for a federal court to change the rules again.

Election officials warn about another switch

Another argument before the court comes from the people who actually have to run the election.

The Missouri Association of County Clerks and Election Authorities filed an amicus, or friend-of-the-court, brief. The association represents all 116 local election jurisdictions in Missouri. Its brief was one of several filed with the appeals court Tuesday.

The group’s focus is on election administration and what another map change this close to the election would mean for local officials.

The group warned that another map change would mean reprinting ballots, reprogramming election systems and trying to get everything done before federal and state deadlines.

“At this point, it is practically impossible to revert to the HB 1 map due to the extensive time and cost required to reprint and distribute new ballots within statutory timelines,” the group wrote.

The clerks had another way of describing the back-and-forth.

“Any further change inflicts additional vertigo on local election authorities — and the millions of Missourians who rely on them,” the brief said.

Club for Growth argues map switch could nullify some primary votes

Club for Growth filed a friend-of-the-court brief supporting the argument for keeping the 2025 districts.

The group argues a primary and general election are parts of one election process.

In its view, allowing someone to vote for a congressional nominee in one district in August and then placing that voter in another district for November raises federal constitutional concerns.

Club for Growth estimates roughly 284,000 Missourians who voted in the Aug. 4 congressional primaries would receive a general-election ballot for a different congressional district under the 2022 map.

Its amicus brief was formally filed Tuesday evening.

110 Missouri voters make the opposite argument

Another friend-of-the-court brief comes from a group calling itself One Hundred Ten Missouri Voters.

Those voters support People Not Politicians’ position.

Their argument is fairly straightforward: The 2025 map never became law because the referendum suspended it, and what they describe as the improper use of those districts during the August primary doesn’t make them legal for November.

Of those 110 voters, 78 argue they were required to vote in the August primary under congressional districts that, under the Missouri Supreme Court’s ruling, were never legally in effect.

Their brief argues that an earlier violation of state law can’t be used as justification for continuing to use the 2025 map.

The group’s brief was filed Tuesday evening.

ACLU and Campaign Legal Center weigh in

The American Civil Liberties Union, ACLU of Missouri and Campaign Legal Center also filed a joint brief supporting the challenge to the federal judge’s order.

They argue the federal district court did not have authority to order Missouri to use the 2025 map and that changing election rules this close to November runs into the Purcell principle, a U.S. Supreme Court doctrine cautioning federal courts against changing election rules close to an election.

Their 6,364-word brief was one of the five amicus briefs filed ahead of Thursday’s arguments.

What could happen and does any ruling mean it’s over?

There are several ways Thursday’s hearing could play out, and there’s no guarantee the court will rule the same day.

The 8th Circuit could side with People Not Politicians and reject the federal challenge to using the 2022 congressional map.

It could also agree with Onder and Brattin, who argue there are federal constitutional problems with holding a primary under one map and a general election under another.

The judges could also address a larger question raised by Missouri and Hoskins: whether a referendum petition can suspend a congressional map passed by the Legislature.

Or the court could take a narrower approach and decide the appeal without answering all of those larger constitutional questions.

But believe it or not, whatever the 8th Circuit decides may not end the battle.

The U.S. Supreme Court has already put the federal judge’s order requiring use of the 2025 map on hold. That means the 2022 map is currently being used for the November election.

The Supreme Court’s stay remains in effect while the case is before the 8th Circuit. And if one of the parties makes a timely request for the Supreme Court to take up the case, the stay remains in place while the justices decide whether to do so.

So even if the 8th Circuit sides with supporters of the 2025 map, Missouri would not necessarily switch maps immediately.

The losing side could ask the U.S. Supreme Court to get involved again.

The timing is especially tight because ballots for military members and other overseas voters must be sent by Friday, Sept. 18, to meet the federal 45-day requirement.

Who will the judges hear from Thursday?

Not everyone who filed a brief gets time at Thursday’s hearing.

The 8th Circuit has divided the argument among three groups.

Onder, Brattin, Thomas and Havens get 10 minutes. Missouri and Hoskins get another 10 minutes. People Not Politicians and Von Glahn get 20 minutes.

The case will be heard by Judges James B. Loken, David R. Stras and Justin D. Smith.