In final plea, referendum backers ask Supreme Court to stop Missouri from changing maps after voting began

Missouri referendum proponents made their final pitch to the U.S. Supreme Court Wednesday, arguing that lower federal courts cannot sidestep the justices’ previous order halting use of the state’s Republican-drawn 2025 congressional map — especially now that voting is underway.

In a reply brief, People Not Politicians and executive director Richard von Glahn* accused Missouri officials and Republican candidates of largely ignoring their central argument: The Supreme Court’s Sept. 10 order stayed an earlier injunction requiring the 2025 map through the 8th Circuit appeal and any subsequent Supreme Court review.

“Respondents never confront that problem—or even acknowledge Applicants’ Motion to Clarify,” the group wrote.

The 8th Circuit ruled Monday that Missouri must use the 2025 gerrymandered map because conducting the general election under different districts than those used in the August primary would violate Article I, Section 2 of the U.S. Constitution.

A federal district judge then entered a permanent injunction requiring the state to use the new districts.

But referendum proponents say that injunction grants “in every meaningful sense” the same relief the Supreme Court already stayed. They asked the justices to clarify that the Sept. 10 order remains controlling through certiorari review or, alternatively, issue another stay.

They also rejected arguments from Missouri and the Republican candidates that leaving the 2022 map in place would itself create another disruptive map switch.

“It would not,” the reply says. “Missouri’s election is well underway right now using the 2022 map.”

Military and overseas ballots have been mailed under those districts, absentee voting has begun and ballots have already been cast. The applicants argue that it is the 8th Circuit’s ruling — not another Supreme Court stay — that would now force election officials to change maps. 

“Respondents’ opposition is disconnected from the Order this Court has already entered and the election that is already underway. Rather than address those realities — or engage with the arguments in Applicants’ motion — Respondents largely recycle the Eighth Circuit’s faulty analysis, including its premise that this Court’s stay is a hurdle lower courts may simply overleap,” the reply adds. “But Missouri’s election officials have their marching orders from both the highest court in the state and the highest court in the nation — the November election will proceed under the 2022 map — and those instructions are being followed.”

The reply also directly confronts the respondents’ procedural argument: that People Not Politicians and von Glahn lack standing to pursue the appeal.

People Not Politicians argues it has a specific interest as the sponsor of the referendum because Missouri’s constitution prevents a referred law from taking effect unless voters approve it. The organization says its interest therefore extends beyond merely getting the referendum onto November’s ballot — it includes preventing the 2025 map from taking effect beforehand.

Von Glahn separately argues he has standing because the two maps place him in different congressional districts.

He also cast an absentee ballot Tuesday under the 2022 map and says switching maps now creates a risk that his vote — along with ballots already submitted by other absentee and overseas voters — will not be counted.

The Supreme Court could act at any time.

*The Elias Law Group (ELG) represents the pro-voting parties in this case. ELG Firm Chair Marc Elias is the founder of Democracy Docket.