The ACLU of Missouri is suing the state and its secretary of state over implementation of the new congressional redistricting map.
The organization is requesting the courts suspend the map and prevent election authorities and the secretary of state from using it until Missourians approve or reject the redrawn districts through the referendum process.
In September, Missouri lawmakers passed a mid-decade redistricting map aimed at drawing Democrat Emanuel Cleaver out of a seat. That effort to add a Republican congressional seat, done at the behest of the Trump administration, was signed into law by Gov. Mike Kehoe.
However, the group People Not Politicians in early December submitted more than 305,000 signatures of Missouri voters to place the map up for a statewide vote.
Tori Schafer, director of policy and campaigns for the ACLU of Missouri, said that when those signatures were turned in, the map should have been put on hold.
“Missouri has more than 100 years of history that says, ‘When the people of Missouri are using the right to referendum, that bill that they're referring to the ballot cannot go into effect,’” Schafer said.
That was not the interpretation of Missouri Attorney General Catherine Hanaway, who said instead that the map is in effect. That statement was echoed by Secretary of State Denny Hoskins. Both are Republicans.
Schafer said there is legal precedent for suspending laws until a referendum occurs. Additionally, Secretary of State Jay Ashcroft in 2017 suspended Missouri’s right to work law after opponents turned in enough signatures for a referendum.
According to Schafer, Hanaway’s interpretation that the map is in effect is wrong.
“It's just an incorrect reading of the law. The Missouri State Constitution is really clear that any measure referred to the people shall take effect when approved by a majority of the votes cast thereon and not otherwise,” Schafer said.
The secretary of state's office declined to comment on the lawsuit, with the director of communications saying the office does not discuss pending litigation. Hoskins has said he won’t make a decision on whether to certify the referendum for voting until next summer.
In a statement, the attorney general’s office said the ACLU and People Not Politicians are "promoting the false narrative that the Missouri First Map is “frozen” upon the mere submission of referendum signatures."
"It does not matter how many total signatures have been submitted. All that matters is how many valid signatures have been submitted in each congressional district," the statement said. "At this time, it is not yet determined whether People Not Politicians has submitted adequate signatures from the required six congressional districts."
Since candidate filing for the 2026 election is in February, Schafer said that in addition to the lawsuit, the ACLU filed a motion to expedite the case so the court can hear it as soon as possible.
“We want to make sure … that the folks that are running for their seats, they know their districts. And right now, there is confusion amongst Missouri voters of what map is in effect,” Schafer said.
Schafer said she anticipates this case making its way to the Missouri Supreme Court.
This story has been updated with a statement from the Missouri attorney general's office.