The Missouri Supreme Court on Thursday ordered Secretary of State Denny Hoskins to place a congressional redistricting referendum and a separate initiative petition on the November 2026 ballot, ruling the petitions were sufficient under state law and the Missouri Constitution.
In a unanimous opinion, the court reversed a Cole County Circuit Court ruling involving a referendum on House Bill 1, a congressional redistricting measure approved during a 2025 special session. The court said Missouri’s Constitution allows referendums on “any act of the general assembly” unless a specific exception applies and found the petition met filing and signature requirements.
The court ordered Hoskins to certify the referendum petition, place it on the November ballot by Sept. 8 and refrain from implementing the congressional redistricting plan unless voters approve it in November. The opinion stated the secretary’s determination that the Constitution did not allow a referendum on congressional redistricting was incorrect as a matter of law.
In a second unanimous decision, the court ruled Hoskins improperly declared Initiative Petition 2026-106 insufficient and exceeded his authority by attempting to replace a ballot title he had certified in September 2025. The proposed constitutional amendment would expand protections for Missouri’s initiative and referendum process.
The court found Hoskins’ certificate of insufficiency failed to state a specific reason the petition violated the Missouri Constitution, as required by state law. The justices ordered the petition placed on the November ballot using the original ballot title certified last year.
Missouri Secretary of State Denny Hoskins (Missourinet photo)
In a third ruling, the court vacated a lower-court judgment in a separate lawsuit involving signatures collected for the HB 1 referendum before the governor signed the bill and before the secretary approved the petition’s form. The court dismissed the case as moot, finding the secretary’s later determination did not challenge the referendum based on the number of signatures collected.
All three opinions were issued unanimously Sept. 3. The court barred motions for rehearing in the first two cases and directed election officials to take additional steps necessary to place the measures on the November 2026 general election ballot.
Missouri Attorney General Catherine Hanaway says the ruling creates what she calls a “constitutional crisis” and says her office will immediately seek relief from the U.S. Supreme Court.
Hanaway argues the decision violates federal law, while the state Supreme Court unanimously ruled the measures should move forward.
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