8th Circuit Orders Missouri to Use 2025 Congressional Map for November Election, Stays Ruling Pending Appeal
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The 8th U.S. Circuit Court of Appeals ruled that Missouri must employ its 2025 congressional map for the November election, but the order is stayed until September 28 to allow further appellate review.
The 8th U.S. Circuit Court of Appeals issued a decision requiring Missouri to use the congressional map drawn for the 2025 cycle in the November 2026 general election. The court said the Constitution bars the state from using a different map in the November election than the one used for the August primary, noting that more than 1.4 million voters would be placed in different districts under the two plans.
The order is stayed until 5 p.m. on Sept. 28, 2026, to give the parties time to seek further appellate review. Chief U.S. District Judge Stephen Clark subsequently entered a permanent injunction barring Secretary of State Denny Hoskins and related officials from using any map other than the 2025 version for the Nov. 3 election, also stayed until the same deadline.
"Without any stay, Secretary Hoskins and local election authorities would be required to immediately begin implementing the 2025 map before the Supreme Court receives or decides any appeal," the ruling stated.
Judge David Stras concurred in part and dissented in part, acknowledging a probable violation of Article I, Section 2, but questioning the standing of the advocacy group People Not Politicians and its representative Richard von Glahn.
People Not Politicians, which led a referendum effort against the 2025 map, announced it will appeal to the U.S. Supreme Court. Its executive director, Richard von Glahn, said the group believes the map is not law until voters approve it and urged officials to focus on election administration rather than further litigation.
The case marks the third time the issue has reached the U.S. Supreme Court. Earlier this month, Justice Brett Kavanaugh denied a request to block a Missouri Supreme Court ruling that required the state to revert to the 2022 map for the November election, and the Supreme Court later granted a stay that kept the 2022 map in place.
The lawsuit was filed by Rep. Bob Onder, State Sen. Rick Brattin and two Missouri voters, who argue that using one map for the primary and another for the general election raises federal constitutional concerns. Missouri and Secretary of State Hoskins contend the case raises broader questions about whether congressional districts can be changed between a primary and general election after nominees have been selected.
Amicus briefs were filed by several groups. The Missouri Association of County Clerks and Election Authorities warned that another map change so close to the election would require costly ballot reprints and system reprogramming. Club for Growth argued that switching districts between primary and general elections could invalidate primary votes for roughly 284,000 voters. The ACLU of Missouri and the Campaign Legal Center cited the Purcell principle, cautioning courts against altering election rules near an election.
The 8th Circuit will hear arguments from the plaintiffs, the state, and People Not Politicians before Judges James B. Loken, David R. Stras and Justin D. Smith. The outcome could affect whether Missouri uses the 2025 or 2022 congressional map for November, but any decision will remain subject to further review by the U.S. Supreme Court.