‘Untenable.’ Missouri map ruling ushers in chaotic period for KC voters
In the hours after the Missouri Supreme Court upheld the state’s gerrymandered congressional map, the two rulings have ushered in a chaotic and uncertain period for Kansas City voters.
The rulings Tuesday afternoon came just hours after the state’s highest court heard arguments in a trio of cases over the fate of the map, which carves Kansas City into three GOP-leaning districts. The court upheld the map, but also left unclear whether it will be used in the 2026 elections.
Republicans, who crafted the map last year under pressure from President Donald Trump, quickly celebrated the rulings as confirmation that it was in effect. But the decisions also scrambled the upcoming election season, setting the stage for several dizzying scenarios.
“Missouri law did not really envision where we are exactly,” said Chuck Hatfield, an attorney for a referendum campaign seeking to strike down the map at the ballot box.
The second of two rulings issued by the court centered on that referendum campaign, called People Not Politicians, which last year turned in more than 305,000 signatures to force a statewide vote on the map.
The state’s highest court on Tuesday found that the signature turn-in did not block the map. Instead, the court ruled that it was “impossible to say” whether the map was in effect until Secretary of State Denny Hoskins decided whether to certify the referendum for the ballot.
That acknowledgement sparked an onslaught of questions that will likely rest on when Hoskins, a Republican and staunch supporter of the map, decides whether the campaign can reach the ballot. Whatever Hoskins decides could have major implications for the upcoming elections.
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The top election official has until Aug. 4 — the same day as the August primary elections — to determine whether the campaign can reach the Nov. 3 ballot. Amid the chaos, at least one local election official has vowed not to implement the new map until Hoskins makes a decision on the referendum.
“I am caught in the untenable position of trying to predict when and how you will issue a determination about the sufficiency of the petition,” Brianna Lennon, the Boone County clerk, wrote in a letter to Hoskins on Wednesday.
“Until that time,” Lennon wrote, “I have no actionable legal information as to what congressional map is in effect, so I will not be making any changes to the map that was in place prior to the enactment of (the new map).”
Meanwhile, Republicans remain steadfast in their belief that the map is currently in effect, particularly for the upcoming August primary elections. Marc Ellinger, a prominent Republican attorney who defended the map in court, flatly told The Star on Wednesday that the map was “clearly” in effect.
“I think the court has made that very clear,” Ellinger said. “There are obviously other paths down the road that something else could develop, but at this point, the new map is in effect and the August election will be held on the new map. The secretary has duties he has to carry out, and we’ll see what those result in.”
What happens now?
If Hoskins certifies the referendum, the map would then be retroactively suspended back to Dec. 9, the day the campaign filed its initial paperwork, the Supreme Court found. In short, the new map would be blocked — and has been blocked — until Missourians have a chance to vote on it in November.
Hoskins, for his part, told reporters on Tuesday he planned to complete his certification process “by Aug. 4,” comments that suggested he might wait until the final day to determine whether the referendum qualifies for the ballot.
In one potential scenario, Hoskins could determine the referendum is sufficient, but Missouri could still use the new map in the August primary. In that situation, map opponents are likely to file a post-election challenge arguing that Hoskins held an illegal election based on a map that should have been blocked.
That challenge would echo a 2024 ruling in which the Missouri Supreme Court tossed the results of a 2022 vote that forced Kansas City to spend more on its police. Mayor Quinton Lucas sued to void the election results, arguing that the measure misled voters.
However, Hoskins has already appeared to float a different scenario. He told reporters on Tuesday that he had questions about the legality of the referendum itself, a remarkable suggestion that he could determine the measure is insufficient for the ballot even though the campaign collected enough signatures.
“I do question whether there can be a referendum process on (congressional redistricting),” Hoskins said.
If Hoskins determines that the referendum does not qualify for the ballot, that decision is also poised to spark another round of legal battles to decide the fate of the campaign.
As Hoskins weighs his decision, the lack of clarity has thrown the upcoming elections into disarray. While Missouri’s new map was aimed at carving up Kansas City, the redistricting frenzy is affecting voters — and election officials — across the state.
“It just throws a lot of our voters into chaos,” Lennon, the Boone County clerk, said in an interview.
The Star’s Matthew Kelly and Jack Harvel contributed reporting.
