Missouri Mails Ballots Under Old Map as Judges Revive Donald Trump's Districts

Absentee ballots are already going out in Missouri under the 2022 congressional districts, but a federal appeals court has ordered the state to use the newer map backed by President Donald Trump, ABC News reported. The dispute is likely to reach the U.S. Supreme Court a third time within a three-week span, ABC News reported.

People Not Politicians, an anti-gerrymandering group, asked the justices late Tuesday to block the Republican-drawn map again, The Washington Post reported. The group wants the older map, which gave Democrats a good shot at two of the state's eight House seats.

Why it matters

The Supreme Court has twice left the 2022 map in place, and a third decision could settle which districts Missouri voters will be in for November. The Post reported the mismatch between the primary map and the ballots already mailed likely portends more litigation.

Key points

• The 8th Circuit ruled Monday that districts cannot change between a primary and general election, and Judge Stephen Clark ordered Missouri to use the August map.
• People Not Politicians asked the Supreme Court late Tuesday to block that order, warning of "chaos on both sides of Election Day."
• Absentee voting is underway under the 2022 districts after the Missouri Supreme Court found the new map never took effect.

Missouri Supreme Court ruling and Denny Hoskins' referendum decision

The Missouri Supreme Court ruled Sept. 3 that districts passed a year ago by the Republican-led Legislature cannot be used unless voters approve them, ABC News reported. The Trump-backed map was drawn to help Republicans win an additional seat.

Opponents submitted thousands of referendum signatures in December. Republican Secretary of State Denny Hoskins rejected the petition on Aug. 4, the same day primaries were held under the new districts, saying referendums are not allowed on redistricting, according to ABC News.

The state court said Hoskins was wrong and that the petition kept the map from taking effect, retroactive to December. Justice Brett Kavanaugh, who handles cases from Missouri, let that ruling stand Sept. 8, ABC News reported.

8th Circuit panel and Judge Stephen Clark's order

The appeals panel cited the constitutional requirement that House members be elected every two years by voters in each state, and prior rulings treating primaries as part of general election laws, ABC News reported.

About one in four Missouri voters, more than a million people, would be shifted between the maps and had no say in the primary over the candidates on their November ballots, the judges concluded. The panel then directed Clark to bar any other map, and he quickly complied.

Purcell principle cuts both ways

Both sides have invoked the Supreme Court's Purcell principle, under which judges should not change election rules too close to an election, ABC News reported. Opponents say it is too late to switch to the new map. Supporters say it is too late to abandon the August districts, and the panel agreed the 2025 map would cause the least confusion.

In its filing, People Not Politicians said the last-minute fight could "result in chaos on both sides of Election Day: confusion over how to conduct the election now, and uncertainty over the rules governing its results."

The November elections will decide control of both chambers, the Post reported.