Missouri is one of just four states that haven't approved new congressional maps as Republicans come under growing pressure to break a deadlock some fear will lead to judges drawing new district lines.
Two lawsuits over the General Assembly's inaction have been filed in the past week — one by a St. Louis-area congressional candidate, the other by a group of voters. Both ask Missouri courts to intervene in the once-a-decade redrawing of congressional district boundaries to ensure elections can proceed later this year.
The lawsuits cite an approaching March 29 candidate filing deadline that could leave voters and candidates uncertain which of Missouri's eight congressional districts they're in if lawmakers fail to pass a map by then.
But the Missouri Senate is sharply divided, with a hard-right faction pushing for boundaries that would gerrymander the district represented by U.S. Rep. Emanuel Cleaver, a Kansas City Democrat, allowing Republicans to pick up an additional seat in Congress.
Senate GOP leaders are pushing to preserve the status quo of six Republican and two Democratic seats, however, warning an overly aggressive map risks spreading conservative voters too thin. The chamber spent several days debating maps last month, but Republican leaders were unable to pass one after a round-the-clock filibuster by a group of senators known as the Conservative Caucus.
The House approved a map likely to preserve the 6-2 status quo in January, but without a provision called an emergency clause that would allow the map to go into effect immediately if signed into law. Without an emergency clause, any new map won't be implemented until Aug. 28 — weeks after the Aug. 2 primary election.
On Friday, five Missouri voters, with the help of the National Redistricting Action Fund, sued in Cole County Circuit Court. The lawsuit followed a separate suit filed last week by Paul Berry III, who is challenging U.S. Rep. Ann Wagner in the Republican primary.
"Republican legislators in Missouri have been too busy fighting over their personal and political interests in the congressional map, and have left the state's voters in the lurch," Marina Jenkins, director of litigation and policy for the NRAF, said in a statement.
The voter-led suit alleges the Senate is "hopelessly deadlocked" on adopting a new map and notes the House-passed plan doesn't have an emergency clause. The clause would require a two-thirds majority in both chambers — an unlikely prospect given divisions over the map.
The voter plaintiffs all live in congressional districts that are overpopulated, according to the 2020 Census — meaning their votes will be less influential if the maps aren't adjusted to account for changes in population.
"The General Assembly and Governor have failed to enact a new congressional plan," the suit says. "If this Court does not act, the 2022 election will be held using illegal district maps, depriving Plaintiffs of their constitutional rights."
Senate Majority Leader Caleb Rowden, a Columbia Republican, said he doesn't view March 29 — the day candidate filing ends — as a redistricting deadline. Still, he acknowledged the date is "kind of a marker" that could lead to additional lawsuits.
Conversations on redistricting are continuing among senators, Rowden said, adding that the Senate will do its best to advance a map, calling it an "important obligation." Rowden, who supports a 6-2 map along with other GOP leaders, held open the possibility of delaying the filing deadline. Moving the date past March 29 would require legislative action.
Rowden said he spoke with Republican Gov. Mike Parson earlier this month about "just some various options for any number of different ways that this could go."
"Folks are aware of what the possibilities and the ramifications are and we want to do our best, again, to meet the obligation because it's important," Rowden said.
Members of the Conservative Caucus have shown few signs of easing up on their opposition to a 6-2 map. Sen. Bob Onder, a Lake St. Louis Republican, said some senators have tried to force a "Pelosi map down our throat" — referring to Democratic U.S. House Speaker Nancy Pelosi.
While maps in a number of states face legal challenges, Missouri is one of just a handful that have yet to pass any map at all. According to FiveThirtyEight, which tracks redistricting, only Missouri, Florida, Louisiana and New Hampshire haven't approved maps.
Lawmakers should have passed a map in October in a special session, Onder said, adding that the close of candidate filing is a "pretty important deadline."
"I think we are way, way, way behind the eight ball on that," Onder said.
Parson last year chose not to call a special session on redistricting, creating a truncated timeline. His decision, which he made public in August, came two months after a bruising standoff between Parson and the Conservative Caucus over renewing a tax critical to funding the Medicaid program.
Parson had previously called a special session in June on the Medicaid tax, which was ultimately renewed, but not before a bitter public fight between the Conservative Caucus and other Republicans, including the governor.
As Republicans fight over redistricting, Democrats have stayed mostly on the sidelines, at least in public. House Minority Leader Crystal Quade, a Springfield Democrat, went as far as saying that most Democrats are "all for" courts drawing the maps.
"We believe that if it goes to the courts, we will see a much more representative map" that better reflects the number of Republicans and Democrats across the state, Quade said. While Republicans hold 75% of Missouri's congressional seats, only 58% of all votes cast for Missouri congressional candidates in the 2020 election were for Republicans.
In Berry's lawsuit, Cole County Judge Jon Beetem has denied a request to place the lawsuit on an expedited schedule. In a written order, the judge noted "there is still time for the General Assembly to act. The Court finds the immediate action requested by the Petitioner is not required."
As of Monday, no orders had been issued in the voter-led lawsuit.
Jenkins said the combination of legislators "openly admitting" they can't come to agreement and the approaching candidate filing deadline means "it is now time for a court to step in" and produce a map.
"Courts across the country have routinely engaged in this process in this cycle and previous ones, and it is their duty to protect voters' rights where state legislatures fail to do so," Jenkins said.
