The fate of two proposed ballot measures —- a referendum on Missouri’s gerrymandered congressional map and a constitutional amendment limiting legislative power to alter laws passed by initiative — will go on trial next week, a Cole County judge decided Wednesday.
Circuit Judge Daniel Green ordered back-to-back hearings for the two measures Secretary of State Denny Hoskins blocked from a statewide vote. He also allowed the Republican National Committee, the National Republican Congressional Committee and the Missouri Republican State Committee to intervene in the redistricting case.
Both of the cases are moving quickly because state law sets a Sept. 8 deadline for court orders adding questions to the ballot. Missouri Supreme Court Chief Justice W. Brent Powell sent Green letters about each case, Green noted in court Wednesday morning, asking him to move them quickly to give time for appellate review.
In the referendum case, the committee seeking to overturn the congressional map, People Not Politicians, is challenging Hoskins’ assertion that redistricting plans are not subject to a statewide vote. People Not Politicians submitted more than 305,000 signatures in December to force the statewide vote and local election authority reports compiled by the campaign show it has enough signatures to qualify for the ballot.
In the lawsuit over the proposed amendment, the committee promoting it, Respect MO Voters, argues Hoskins is wrong in his assertion that the proposal contains too many subjects. If enacted, it would block lawmakers from altering a law or constitutional amendment passed by initiative unless 80% of lawmakers agree and the changes are ratified in a statewide vote.
No complete report has been compiled for the proposed amendment, but a spot check of local reports on the secretary of state’s website shows it also has enough signatures to qualify for the ballot.
If Green orders a statewide vote, it would be Amendment 6 on the Nov. 3 ballot.
The only drama in the hearing Wednesday was whether Green would grant the Republican committees the right to intervene in the referendum case.
Marc Ellinger, a Jefferson City attorney arguing to be allowed to intervene, said Republicans have a direct interest in making sure the gerrymandered map drawn by lawmakers in 2025 is the one used in the November election. At the insistence of President Donald Trump, the General Assembly muscled the new map through with the goal of taking the 5th District from Democratic U.S. Rep. Emanuel Cleaver.
The primary election that nominated state Sen. Rick Brattin of Harrisonville was conducted in the 15-county district drawn in 2025 that stretches from Kansas City to Jefferson City. That district heavily favored Republicans in past elections, while Cleaver has always been a strong candidate in the districts as they were drawn previously.
Ellinger said his clients want the new map to be used. Six of Missouri’s eight districts were altered as the map was changed.
“If the old maps are used, it’s particularly egregious because you have candidates that will now campaign in different districts,” Ellinger said. “In some cases, slightly different districts. In some cases, completely different districts.”
Republicans need to know whether it is worth it to spend money to defeat Cleaver and whether it must dedicate money to the Missouri referendum, Ellinger said.
“It affects strategy and organizational challenges and decisions on where to deploy resources, in what races to deploy resources, in what ballot measures to be involved in or not be involved in,” Elllinger said.
Chuck Hatfield, attorney for People Not Politicians, argued that the questions facing Republicans also face Democrats and that is not enough to qualify to intervene.
Hatfield also said he worried Ellinger’s interest is in delaying the case so that no decision is rendered by Sept. 8. One way to do that is to seek a change of judge.
“I offered to consent to intervention if they would agree not to take a change of judge,” Hatfield said. “They declined.”
After the hearing, Ellinger said he had no plans to seek a change of judge or delay.
The trials will be held Tuesday, with the referendum issues argued at 1:30 p.m. and the constitutional amendment case will start at 3 p.m.
This story was originally published by the Missouri Independent.
