Missouri Attorney General Catherine Hanaway’s efforts to block a redistricting referendum is drawing fierce criticism from backers of the vote.
At issue is a push from a group called People Not Politicians to place a recently passed congressional map up for a statewide vote in 2026. The proposal would transform Congressman Emanuel Cleaver’s Kansas City-based district into a GOP-leaning seat.
Hanaway filed a lawsuit in federal court Wednesday arguing that the referendum plan violates the federal and state constitutions. The lawsuit contends nothing in the Missouri Constitution “expressly says that federal congressional reapportionment may be subjected to a referendum.”
“Defendants cannot identify any language that ‘makes it clear’ that the Missouri Constitution transfers authority over federal redistricting away from the General Assembly,” Hanaway’s lawsuit states.
On Thursday, Chuck Hatfield, an attorney for People Not Politicians, sharply disagreed with Hanaway. He pointed to language in the Missouri Constitution stating that people “reserve the power to reject laws and reserve the power to approve or reject referendums of any act of the General Assembly.”
“I would encourage you to go look at [the bill lawmakers passed during a September special session],” Hatfield said. “At the top, it says ‘an act of the General Assembly.’ The constitution specifically allows a referendum on that bill. And she is just absolutely wrong about that.”
In a statement sent to St. Louis Public Radio, Hanaway's office said “this lawsuit seeks to stop out-of-state dark-money groups from hijacking Missouri’s electoral process and silencing the voices of Missouri voters."
"The Missouri Constitution and the U.S. Constitution vest the authority for congressional redistricting in the General Assembly, not activist organizations funded by outside interests," the statement continued. "Attorney General Hanaway is upholding the U.S. Constitution by ensuring that Missouri’s redistricting process remains in the hands of the officials chosen by Missouri voters. The Office will continue fighting to protect the integrity of Missouri’s elections and preserve the rule of law against efforts to usurp the power of the people’s representatives.”
Hatfield called recent efforts by Hanaway and Secretary of State Denny Hoskins to torpedo the referendum “outrageous.” He said Hanaway’s reference to how politically active nonprofits from outside Missouri are contributing to the referendum campaign is hypocritical – since Republicans, including in Missouri, have actively defended their existence.
“I think we have state officials in a full-blown tantrum about the right of the people to overrule these congressional districts which the people are guaranteed in the Constitution,” Hatfield said.
U.S. Rep. Bob Onder, R-St. Charles County, a supporter of the redistricting plan, said, “Hanaway’s position makes complete sense.”
“If a referendum can be used to challenge congressional maps now, it can be used after the census as well,” Onder said. “We would never have a congressional map, or we'd only have a map that the Missouri Democrat Party wants.”
Washington University law professor Travis Crum called Hanaway’s lawsuit a nonstarter. He said the U.S. Supreme Court upheld the right to have redistricting plans put up for referendum in 1916.
People Not Politicians Executive Director Richard von Glahn also noted that Missourians blocked a redrawn congressional map through the referendum process in 1922.
“In addition, this case is not yet ripe for adjudication,” Crum said. “That is because we do not know whether the referendum will get the requisite number of signatures to get on the ballot. Courts do not opine on issues that may not come to fruition. This is yet another example of Missouri’s leaders not trusting the people to govern themselves.”
Hanaway’s office defended its ability to file the suit now, stating in the lawsuit that “with the initiative process already commenced, the state must presently expend its resources on an initiative whose aim is unlawful.”
House Minority Leader Ashley Aune, D-Kansas City, said in a statement that Hanaway’s lawsuit “is yet another unmistakable sign that Republicans view the people of Missouri not as the source of all political power, as our state constitution says, but as an enemy to be defeated by any means necessary.”
“Missourians from throughout the state oppose the unconstitutional congressional gerrymander Republican leaders are trying to force on them and will not stand for it,” Aune said. “The attorney general should immediately withdraw her lawsuit and allow Missourians to express their will at the ballot box.”
Meanwhile, Hoskins’ office released a statement on Thursday clarifying a claim from Wednesday that People Not Politicians was committing a crime by gathering signatures.
After approving the referendum for circulation Wednesday, Hoskins’ office said in a press release that “no signatures gathered before this approval date are valid, and doing so constitutes a misdemeanor election offense.”
On Thursday, Hoskins’ office put out another release stating that “advocating for or discussing a referendum, or engaging with others about potential ballot issues, is not a crime and never has been. Nor is seeking signatures before the proposed referendum is approved as to form — even if those signatures cannot be counted due to noncompliance with statutory rules.”
People Not Politicians said Wednesday it has gathered roughly 100,000 signatures in about a month. And even though Hoskins said those signatures won’t count, the pace of the group’s activity suggests they should be able to get 106,000 signatures by Dec. 11. The group disputes Hoskins’ contention that signatures gathered before Wednesday won’t be included in the final tally.
