Which congressional map will Missouri use in 2026?
On Friday, September 25th, the U.S. Supreme Court stayed an 8th Circuit order. The stay means Missouri will use the 2022 Congressional district map for the 2026 General election.
It’s been a wild ride so far.
It’s not over.
How did we get here?
On August 29, 2025, Governor Kehoe called a special session of the legislature to take up redistricting and initiative petition reform.
HB1, otherwise known as the Missouri First Map, was passed out of that special session and signed by the Governor.
The next day, the Liberal PAC People Not Politicians filed a referendum petition. In December, they turned in their signatures.
Last spring, the Missouri First Map survived a series of legal challenges. The Missouri Supreme Court ruled that the mere filing of a referendum petition does not invalidate a law.
The August Primary happened on August 4th, using the Missouri First Map. At 4:00 pm that afternoon, the Secretary of State announced that he found the petition insufficient. He was sued immediately.
That case made it all the way to the Missouri Supreme Court. They ruled that not only was the petition sufficient, but also that HB1, the bill implementing the Missouri First Map never took effect.
Then a new case was filed by Representative Onder and State Senator Rick Brattin, himself a candidate for Congress. They allege that it is a violation of the Equal Protection Clause to switch maps between the primary and general elections.
The District Court agreed with them.
The Missouri Supreme Court then made the move that would prove decisive. They scheduled a contempt hearing for the Secretary of State.
At this stage, a request for a stay is before the Supreme Court. A state court is threatening to hold an election official in contempt for following a federal court order. Justice Kavanaugh and the Court took the path that avoided the constitutional crisis and granted the stay.
It worked. The Missouri Supreme Court found that the “contempt” by the Secretary of State had been remedied.
On September 18th, ballots were sent to overseas and military voters.
On September 21st, the 8th Circuit ruled for Onder’s Article I, Section 2 Claim and ordered the Missouri First Map back into use.
Then, we get to last Friday, September 25th. The Supreme Court, having already granted a stay once and with voters already voting, grants a stay again. The stay suspends the 8th Circuit order and means that the 2026 election will take place under the 2022 Map while the appeal plays out.
What about Prop. A?
When Missourians go to vote under the 2022 congressional district lines, they’ll also vote on Proposition A.
Prop. A is the result of the petition filed by Liberal opponents of the Missouri First Map in December. A YES vote on Prop. A approves the Missouri First Map for future Congressional elections. A NO vote does not, thereby leaving the 2022 map in place for future elections.
Prop. A has no bearing on which district lines will apply in 2026.
What about the Supreme Court?
The Supreme Court case continues to move forward, but the relief will be limited.
The map for the 2026 election was decided by the stay.
The map for the 2028 election will be decided by Prop. A.
The Supreme Court will be asked to decide whether the map change between the primary and general elections violated the rights of voters.
The District Court and the 8th Circuit both ruled in favor of Onder’s claims. The Supreme Court may do the same.
In that case, the most likely result is a legal rule that changing maps between elections is not allowed to happen in the future.
What does that mean for Conservatives in Missouri?
Importantly, it means that we need to win Prop. A in November and implement the Missouri First Map. We began this fight to push back against the extreme gerrymandering abuses of Blue States. This is our opportunity to make sure that our values are represented in Washington.
Then, as we look to next session, we should expect more confrontations with the courts. Last year, the Missouri Legislature cancelled the state of the judiciary address. It seems unlikely that one will be held next year.
The legislature can exercise its power of the purse and make cuts to court budgets.
They can pursue judicial ethics reform and ban lobbyist gifts to Supreme Court Justices. State representatives and State senators are banned from accepting gifts from lobbyists already.
The big ticket item, of course, is the Missouri Plan. While a campaign to change the Constitution would be costly, the momentum is building to take a swing.
The Supreme Court is signalling that they want a fight.
They will lose.
The legislative and executive branches are political.
The judiciary is not supposed to be.
The Courts delegitimize themselves by entering into the fight.
This session, it’s our job to stand up for our voters and our state constitution. That is likely to mean taking on Missouri’s unaccountable judiciary.
Andy Bakker
Executive Director
Liberty Alliance USA