A Cole County judge Wednesday upheld Secretary of State Denny Hoskins' decision to block a referendum aimed at overturning Missouri's new congressional map.
The high-stakes case now heads to the Missouri Supreme Court, where the decision could have a monumental impact on the state's November election.
Earlier this month, Hoskins rejected a referendum aimed at overturning a 2025 congressional map. The new lines divides Kansas City into three districts aimed at ousting longtime Democratic Rep. Emanuel Cleaver.
The group behind the referendum, People Not Politicians, sued, arguing that the Missouri Constitution does not specifically exempt congressional redistricting plans from going to a statewide vote. And based on the constitution, a referendum suspends the targeted law – which in this case would mean that a map more favorable to Cleaver would be in effect for the November election.
But Cole County Judge Daniel Green said the fact the Missouri Constitution doesn't explicitly authorize a referendum on a federal redistricting plan means that the referendum can't occur.
"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 said.
Green also ruled for Hoskins on other points, including that it's too late in the election to change the congressional map and that the federal constitution prohibits Missouri's constitutional language around referendums from applying to federal redistricting plans.
"The result Plaintiff seeks is inconsistent with a republican form of government. On his theory, a small minority of voters can nullify a congressional map enacted by the People's elected representatives without any majority vote," Green wrote. "Permitting a sliver of the electorate to void the legitimate acts ... of the people themselves cannot be squared with Missouri's constitutional duty to maintain a republican form of government."
Chuck Hatfield, an attorney for People Not Politicians, said he would appeal the case directly to the state Supreme Court.
In a statement, People Not Politicians Executive Director Richard von Glahn said, "The most important thing that happened today is that there was a ruling."
"The State has tried to slow down the judicial process for months and now that we are out of Cole County, the real decision will be made. Our case now moves forward," von Glahn said. "After months of delay from the Secretary of State, we appreciate the Supreme Court's swiftness in resolving the situation at hand. What matters is that this is resolved before the September 8 deadline, when ballots must be finalized."
What von Glahn was referring to was how Missouri Supreme Court Chief Justice Brent Powell urged Green to rule quickly on the case. Powell wrote that a swift decision was necessary given the deadline to change the November 2026 ballot.
If the Missouri Supreme Court reverses Green and rules that the 2025 map never went into effect, it could potentially prompt candidates who lost in the August primaries to sue for redo elections.
Once Green's ruling became public, Hoskins' office posted an image on Facebook of the GOP official dressed up like a baseball player and pointing into the stands. It included a caption that stated: "SECRETARY DENNY 'BABE RUTH' HOSKINS CALLING HIS SHOT — STILL BATTING 1.000."
In a statement, Hoskins said, "the Missouri First Map remains the law of the land." That's the name proponents have used to describe the redistricting plan aimed at ousting Cleaver from office.
Also Wednesday, Green blocked a plan from the ballot widely known as the Respect Missouri Voters initiative. It would make it more difficult for the legislature to overturn voter-approved measures. Plaintiffs said they plan to appeal.
"I'm 2-for-2 today and still batting a thousand," Hoskins said. "Federal law is very clear that the Missouri Constitution cannot be interpreted to strip the General Assembly of its authority to conduct redistricting of congressional maps. I do not believe the Founding Fathers intended to have a referendum on a congressional redistricting map, and I'm pleased that Judge Green is in agreement."
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