MO lawsuit challenges failure to approve new congressional map amid Senate gridlock
A Republican candidate is suing Missouri over its failure so far to approve new congressional maps, apparently the first lawsuit filed as state legislators remain deadlocked over redrawing district boundaries.
Paul Berry III, a Republican challenging incumbent U.S. Rep. Ann Wagner in the 2nd District, sued Tuesday in Cole County Circuit Court. He wants state courts to intervene in the mapmaking process and implement his proposal for new boundary lines that wouldn’t split St. Charles County east of St. Louis — a point of contention during redistricting.
Berry’s lawsuit is the first legal warning to Missouri lawmakers — and the Senate in particular — that their inability to approve a new map could eventually result in judges drawing new lines.
“To date, the State of Missouri has failed to enact by statute any congressional map based upon the most recent U.S. Census certified results, a clear violation” of the Missouri Constitution, the complaint reads.
Candidate filing for the August primary opened last month without new maps in place and will end on March 22. Lawmakers could, in theory, extend the deadline but have not yet made an effort to do so.
The Senate has been unable to pass a map, with Republican senators divided over whether to gerrymander the 5th District in an attempt to defeat Kansas City Democratic U.S. Rep. Emanuel Cleaver. Republicans currently control six congressional seats, but hard line members of the party say it could pick up an additional seat. Other more mainstream Republicans warn that spreading reliably Republican voters too thin among other districts might result in Democrats gaining an additional seat.
Barry’s lawsuit doesn’t focus on the potential gerrymander of the 5th District, but instead hones in on the possibility lawmakers will break apart St. Charles County, currently split between the 2nd and 3rd Districts.
The House has passed a map that continues to separate the county, and the lawsuit alleges comments by senators indicating that’s the reason the map hasn’t passed the Senate. As early as January, St. Louis area lawmakers have raised concerns about plans to continue splitting the county, saying it should be kept together because it’s a community of interest.
The lawsuit names Gov. Mike Parson and Secretary of State Jay Ashcroft as defendants. While Parson will ultimately sign or veto a map if one is approved, Ashcroft has no role in drawing maps but is the state’s chief elections officer.
“The bottom line is – we will follow the law,” Ashcroft spokesman JoDonn Chaney said in an email.
Parson’s office didn’t immediately comment.
