A federal appeals court has ruled Missouri must use a congressional map passed last year at the behest of President Donald Trump for the Nov. 3 elections.
But the 8th Circuit Court of Appeals' decision is on hold while opponents of the 2025 map aimed at ousting Democratic Congressman Emanuel Cleaver appeal the decision to the U.S. Supreme Court.
Last year, Missouri Republicans passed a new congressional map targeting Cleaver by dividing his safely Democratic district in Kansas City into three rural-dominated districts. The group People Not Politicians gathered enough signatures to put the map up for referendum — which, under the Missouri Constitution, prevented the new lines from going into effect.
Four GOP plaintiffs, including Congressman Bob Onder and state Sen. Rick Brattin, sued in federal court after the Missouri Supreme Court affirmed that congressional maps are subject to a referendum and the 2025 lines never went into effect. On Monday, the 8th Circuit ruled that using the 2022 map constituted a violation of the equal protection clause of the U.S. Constitution — and ordered U.S. District Judge Stephen Clark to issue a permanent injunction allowing the use of the 2025 map.
"A congressional primary selects the candidates who will compete to represent a particular district, and the general election determines which of those candidates will represent that same district," stated the opinion from a three-judge panel. "[The U.S. Constitution's] right to participate in the procedure of choosing a member of Congress requires continuity in the constituency throughout all stages of a single election. Changing district lines between the primary and general election prevents an affected voter from participating in either district's complete procedure of choice."
But the 8th Circuit stayed its ruling until Sept. 28. That means the Missouri Supreme Court's ruling requiring the state to use the 2022 maps remains in effect while People Not Politicians appeals the case.
Chuck Hatfield, an attorney for People Not Politicians, said he plans to appeal the decision all the way to the U.S. Supreme Court. He expects the high court to stay the ruling, paving the way for the 2022 map to be in effect, because military ballots have already gone out and early voting will already be underway by Sept. 28.
"I think the Supreme Court of the United States has been pretty clear that the federal courts are prohibited from interfering in elections this close to Election Day, and I think this is kind of a classic example of why that should not be done," Hatfield said. "Votes have already been cast by military members. Absentee balloting for those with excuses will start tomorrow."
In an interview with St. Louis Public Radio, Onder was less certain the U.S. Supreme Court would get involved — even though it declined to overrule the Missouri Supreme Court's decision on Sept. 8 and placed a stay with no noted dissents on Clark's temporary restraining order.
"So really, the question is whether 1.2 million Missouri voters would be disenfranchised by an activist Missouri Supreme Court," Onder said. "And I think today the 8th Circuit said no … they would not be, that those votes cast on Aug. 4 would count. I think it's a big victory for democracy and for the rule of law."
Election officials react
Because the permanent injunction is stayed, St. Louis County Democratic Director of Elections Eric Fey said those who vote absentee with an excuse will get ballots under the old congressional lines.
"We've already sent out all the military and overseas ballots. Four of those people have already voted, actually," Fey said. "And tomorrow, regular absentee voting begins. We're going to mail over 9,000 ballots to local voters starting tomorrow. So we proceed as normal and wait to see what happens in the federal court."
Fey isn't sure what will happen if the Supreme Court orders the state to use the 2025 map. He noted that the state's county elections officials filed a brief with the 8th Circuit Court of Appeals saying that changing course would be costly — and a violation of Missouri's constitutional prohibitions for unfunded mandates.
"I don't know what if anything would happen with all the ballots that had been cast at that point, and all the applications for absentee ballots that had been processed by that point, because … it's unprecedented," Fey said. "Don't know how that would be handled, but for administrators at least it is the stuff of nightmares that's for sure."
St. Charles County Director of Elections Kurt Bahr said that his county is maintaining the status quo while the case works its way through the courts.
If the U.S. Supreme Court sides with the 8th Circuit, Bahr said it's his understanding that St. Charles County residents who cast ballots in the 2nd Congressional District would not have their votes counted. Under the 2025 map, all of St. Charles County is in Onder's congressional district.
"Their ballots will be counted in all except the congressional race," Bahr said. "And so the rest of their ballot will be counted, and those votes will be added to the total. But their congressional vote race will not be added to the total."
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