Marie Moyer
COLUMBIA, Mo. (KMIZ)
Absentee ballots for the November election were sent out Tuesday and county clerks across the state are informing voters they may want to wait to cast their ballots.
On Monday, the Eighth District Circuit Court of Appeals ruled in favor of the 2025 “Missouri First” congressional map, calling the 2022 map unconstitutional. People Not Politicians later filed an emergency appeal against the decision.
Secretary of State Denny Hoskins’s legal team later filed a request for the emergency appeal to be repealed.
Earlier this month, Missouri Secretary of State Denny Hoskins ordered all election officials to use the 2022 map under the Missouri Supreme Court. The order has continued to be followed by local clerks’ offices amid federal litigation on the maps.
The Eighth District Court issued an amended permanent injunction on Tuesday stating the 2025 “Missouri First” map must be used for the November election.
“The Court administratively stays its permanent injunction until” 5 p.m. Monday, Sept. 28.
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“From rulings and decisions and guidance from the Secretary of State’s office, we’re using the 2022 congressional maps for our ballots, and so that’s what voters see if they look at their sample ballots or if they come in person to vote absentee,” Boone County Clerk Brianna Lennon said.
Lennon adds that at least one military ballot has been sent back to the county since they were mailed out on Sept. 18. Absentee voting started on Tuesday.
County clerks ABC 17 New spoke with have been using the 2022 map for military and some absentee ballots. Most are also reminding voters that current lawsuits may affect their vote.
“At this time, there is federal litigation that we are tracking that may impact which congressional districts Boone County voters will see on their ballot. We expect that the litigation will be resolved by September 28. In the meantime, absentee voting is available in person at the County Clerk’s Office and by mail, but we do want to caution voters that they may wish to wait until the litigation is resolved to cast their ballot,” a note on the Boone County Clerk’s website says.
Affected mid-Missouri counties that may see districts change between maps include Audrain, Boone, Cole, Cooper, Gasconade, Howard, Johnson, Maries, Miller, Moniteau, Monroe, Morgan, Osage, Pettis, Randolph, Saline and Moniteau.
“We expect that the litigation will be resolved by September 28th. In the meantime, absentee voting is available in person at the County Clerk’s Office and by mail, but we do want to caution voters that they may wish to wait until the litigation is resolved to cast their ballot, as once a ballot has been cast, another one may not be issued,” Maries County Clerk Rhonda Rodgers said in a Facebook post.
Johnson County Clerk Diane Thompson is also informing voters of current litigation, adding that voters who have not marked or sent in their absentee ballot can receive an updated ballot if maps change.
“We have approximately 100 mail in absentee ballots going out in today’s mail,” Thompson said in a statement. “If voters come in to absentee vote in person we are explaining the ongoing litigation and letting them decide whether or not to go ahead and vote.”
Thompson later explained in a comment that overseas military voters who reached out through the MOvotes portal were also notified of the ongoing litigation.
Saline County’s requested absentee ballots are set to go out after Sept. 28, according to County Clerk Brittni Burton. The county has not received any overseas ballots.
Gasconade County Clerk, Lesa Lietzow said that the 2022 map was used for military and absentee ballots, with official ballots on hold.
“Official ballots for election day are not yet printed as a result of pending litigation,” Lietzow said.
Osage County Clerk Brooke Dudenhoeffer said that absentee voting has been paused until further notice and that no ballots have been mailed.
“We will wait until further notice as to which map to use for the General Election,” Dudenhoeffer said.
Howard County Clerk, Shelly Howell, said that she has told vendors to print the 2022 map, which may face difficulties if the map changes.
“I do not have the ability to print ballots in house. I have to have them printed by a vendor which slows the process down,” Howell said.
The 2025 “Missouri First Map” was passed by the General Assembly in 2024 through House Bill 1. The map would give Republicans a potential 7-1 advantage in Missouri’s congressional delegation by splitting up the 5th District in Kansas City into three and stretching them across the state.
Lennon adds that further federal guidence will be needed for clerks if the map changes to the 2025 map.
“We would have to petition a court in Missouri to clarify what the processes for that. I would imagine that would be that we would still count the rest of the ballot, but the congressional district vote would not count,” Lennon said. “They can’t be redone, but in terms of counting everything else that’s on the ballot, that’d be something that we’ll need to get guidance from.”
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