Is Missouri’s new gerrymandered map in effect? That depends on a court — and the clock

With the midterm elections on the horizon, a Missouri court held a hearing in a lawsuit that could determine whether a gerrymandered congressional map favoring the Republican Party will be in effect for the 2026 race.

The case is critically important because over 300,000 voters in the state have signed a petition to put the new map to a statewide referendum, a move gerrymander opponents say should block the map’s implementation until Missourians can vote. 

But Missouri’s Republican leadership has argued that the map is already in effect, and officials appear to be running out the clock in hopes of making the gerrymander an inevitability.

The struggle over Missouri’s map has turned out to be one of the most complex sagas in President Donald Trump’s push for unprecedented mid-decade redistricting to help Republicans maintain their hold on Congress in the 2026 midterms. 

In September, the Missouri legislature passed the controversial map and Gov. Mike Kehoe (R) signed it into law at Trump’s behest. The map splits Kansas City between three congressional districts and dilutes the power of the Black voters. 

But unlike in GOP-led states like Texas and North Carolina, which also acquiesced to Trump’s demand for partisan redistricting, the Missouri constitution allows voters to fight back by holding a so-called “veto referendum” to override legislation. 

Referendum organizers gathered roughly three times the necessary signatures to put the measure on the ballot. After Republicans insisted the new map was already in effect, referendum supporters went to court to get it temporarily suspended. 

But time is of the essence.

In the coming weeks, Missouri courts will need to reach a final decision on which map will be in place for 2026 elections – either the new Trump gerrymander or the state’s existing map. The Missouri primary isn’t until Aug. 4, but candidates need a decision sooner so they know which districts to run in this year. Though the state legislature could push the primary dates back to accommodate that uncertainty, the deadline for candidate filing is currently March 31.

In the past, Missouri Republicans have temporarily suspended a challenged state law until after a referendum could be held. But in this case, they’re breaking with that precedent.

That’s why two voters in Missouri’s fifth congressional district – the seat targeted in the gerrymander – brought the lawsuit to temporarily suspend the map. They are represented by the ACLU of Missouri and the law firm Perkins Coie. 

The plaintiffs’ attorneys quickly filed a motion to expedite the case, requesting a two-hour hearing as soon as allowable. 

“Plaintiffs’ constitutional right to referendum will be irreparably harmed if Missouri officials are allowed to circumvent it,” the filing states. “There is an undeniable public interest in ensuring clarity for candidates, voters, and election officials alike as soon as possible.”

The case is being heard by Cole County Circuit Judge Brian Stumpe.

Tori Schafer, an attorney with the ACLU of Missouri, said Stumpe began the Tuesday trial by saying that, despite the polarizing nature of the issue, the hearing would stay focused on the law.

Both sides have until Tuesday to submit additional filings to the court. A ruling is expected shortly, and will almost certainly be appealed to the state supreme court, Schafer said. 

Schafer said Missourians need a final decision on the map quickly. But state officials do not appear to share that sense of urgency. 

“The state skirted around the question of when’s the date that this all needs to be decided by,” Schafer told Democracy Docket. “Our feeling is: That is certainly intentional, because the state wants to delay – as they have in their other cases around these map processes – as late as possible, so they can try to say, ‘Oh, sorry, we waited too late. Can’t change the maps now.’ So we’re trying to push this case forward as quickly as possible, and we have seen the courts be very amenable to our requests to move quick.” 

The battle over suspending the map is just one of numerous ongoing legal challenges surrounding the Missouri map. 

Missouri Secretary of State Denny Hoskins (R) has proposed ballot language for the referendum that could prejudice voters against the measure – a move that People Not Politicians, the group leading the referendum effort, is challenging in their own lawsuit.

Stumpe is presiding over that case as well, and held a hearing Monday. Richard von Glahn, the executive director of People Not Politicians, told Democracy Docket that the two sides are getting closer to arriving at accurate ballot language. 

“The state admitted that they crossed the line with some [parts] of the statement that they wrote,” von Glahn said. “They wanted to defend other parts of it, but they were unwilling to produce a single witness to justify any of the language that they wrote. So they didn’t have any evidence.” 

Both sides will send the court their proposed ballot language by Friday. Then, Stumpe will issue his final version – a decision that could be appealed, von Glahn said. 

“My hope is that he’s going to produce something that will be much closer to the truth,” von Glahn said.

Hoskins is also trying to reject one-third of the signatures gathered by referendum organizers. 

Voting advocates have also filed multiple challenges to the new map, arguing the Missouri constitution does not allow mid-decade redistricting. The Missouri Supreme Court agreed to expedite the constitutionality case and has scheduled oral arguments for March 10.