A group seeking a statewide vote over a 2025 plan to overhaul Missouri's congressional lines is suing to get its referendum before voters.
People Not Politicians filed a lawsuit Tuesday against Secretary of State Denny Hoskins, who rejected the group's referendum earlier in the day. They're arguing, among other things, that Hoskins does not have the power to unilaterally declare its referendum unconstitutional.
People Not Politicians attorney Chuck Hatfield told reporters on Wednesday that he expects the Missouri Supreme Court to ultimately reverse Hoskins' decision. Hoskins, among other things, said the Missouri Constitution does not specifically authorize a referendum over a congressional redistricting plan.
"I've been doing this now for almost 30 years, and I don't recall a certificate of insufficiency that refused to say how many signatures an initiative or a referendum has," Hatfield said. "The courts have been very clear that the secretary and the attorney general's role is administrative and ministerial. They're not judges."
Republicans like Hoskins said last year that lawmakers could redraw lines because there was no explicit prohibition on redrawing lines in the middle of the decade. This is a similar argument to a scene in the movie "Air Bud" where Buddy the Dog could play basketball because there wasn't an explicit rule saying he couldn't play basketball.
Hatfield, who has used the "Air Bud Rule" analogy while arguing redistricting cases in court, said this case should be in his plaintiff's favor – because the Missouri Constitution specifically lists bills that go into effect right away and appropriations bills as measures forbidden from referendums.
"In this case, Air Bud rules apply to the people," Hatfield said. "The people have reserved the power to do this unless there's a rule that says they cannot. And there ain't no rule says a dog can't play basketball, and there ain't no rule says the people can't have a referendum on congressional districts."
Redo primaries?
The case, which is expected to be completed in September, could have huge ramifications on the 2026 election cycle.
The Missouri Supreme Court ruled in May that if the redistricting referendum makes the ballot, then the 2025 map was suspended as of December 2025. That would mean that a 2022 map could be in place for the general election – which would all-but-guarantee Democratic Congressman Emanuel Cleaver's reelection in Kansas City.
If that happens, Democratic or Republican congressional candidates could argue that Tuesday's election was run on an invalid map – and ask for redo elections.
Hoskins has said that's unlikely to happen since it's too close to an election to make that change. But People Not Politicians' Richard von Glahn said if redo elections are ordered, it's Hoskins' fault for not deciding on the redistricting referendum sooner.
"We asked him for resolution, and he refused to do it," von Glahn said "So the responsibility of that lays at his feet and his feet alone."
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