Appeals court says use of 2022 congressional map violates Constitution; says 2025 map should be used
COLUMBIA, Mo. (KMIZ)
An appeals court has thrown a wrench in the ongoing saga over which congressional map should be used in Missouri for the November election.
The Eighth District Court of Appeals ruled on Monday that the state’s current plans to use the 2022 congressional map in November violate the U.S. Constitution.
“This Court holds that Missouri’s current plan to use the 2022 map in the November 2026 general election violates the Constitution. Only use of the 2025 map complies with the Constitution and federal law. We affirm the district court and remand for entry of a permanent injunction,” the ruling states.
The Missouri Supreme Court upheld the 2022 map at the beginning of Sept. and Secretary of State Denny Hoskins also ordered county clerks to align ballots with the 2022 map in order to purge himself of contempt.
State Sen. Rick Brattin (R-Cass County) and candidate for Missouri’s Fifth Congressional district Rick Brattin called the MOSCO ruling “egregious.”
“This is the map we ran on and the people voted in just about a month and a half ago,” Brattin said. “This is why redrawing maps was solely given from the U.S. Constitution to the Missouri Constitution to the legislature to do this because these courts are unelected, they’re appointed to to just have no forethought as to what they were doing in their ruling.”
The 2025 map was approved by Republicans in the General Assembly at the urging of the White House to squeeze another GOP House seat into the Missouri congressional map. The 2025 map splits up Kansas City’s Fifth District into three other districts which extend into rural Missouri.
The group People Not Politicians, which sued and led a petition drive to keep the 2025 map from going into effect, vowed to file an emergency appeal with the U.S. Supreme Court.
“We technically have to go through the Eighth Circuit first and then go to the Supreme Court, but we’ll get that done,” said Richard von Glahn, Executive Director for PNP.
Last week, county clerks warned that it is too late to change the ballots to anything else. Military and overseas ballots have already been sent out, while absentee voting starts Tuesday.
Monday’s ruling also states that the district court “should administratively stay its permanent injunction until September 28, 2026, at 5 p.m. Central Daylight Time. Without any stay, Secretary Hoskins and local election authorities would be required to immediately begin implementing the 2025 map before the Supreme Court receives or decides any appeal.”
Boone County Clerk Brianna Lennon told ABC 17 News that her office is still printing ballots based on the 2022 map and is awaiting a ruling from the Supreme Court.
The 2025 Missouri First Map is up for a vote in November under Proposition A. Von Glahn said voters can make a big statement to lawmakers by voting no.
“If voters want rigged elections that benefit politicians in D.C. and make it harder to hold them accountable, for rising prices and terrible trade policies, we can vote to give politicians a blank check and vote yes on Prop A, but I don’t think that’s what Missourians are going to do,” von Glahn said.
Brattin recommended voters wait to cast their ballot until the legal back and forth resolves.
“Maybe hold off on before you’re casting your ballot when you’re seeing this turmoil and maybe pick another time in a week or two to go and do your absentee,” Brattin said. “That way this can get remedied and we can get clarity from the court.”
ABC 17 News is working to learn more information.
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