Supreme Court blocks late Missouri map changes to uphold rules

By Adele Rutherford · Reporting from Atlanta ·

The high court used the Purcell principle to stop Missouri from changing its voting map after absentee ballots went out, reminding us that timing is the only rule that works.

Procedure is the anchor when maps are weaponized

The United States Supreme Court blocked a Republican-backed Missouri congressional map, marking the third time the high court rejected this redistricting push. As reported by ABC News, the unsigned order contained no noted dissents. NPR.org noted that the map was intended to net Republicans an additional seat in the U.S. House. Donald Trump urged Missouri lawmakers to pass the new map last year to draw more GOP-leaning seats, according to CNN and NBC News. That strategy tilted more districts their way, including Missouri's district held by Democratic Representative Emanuel Cleaver. The proposed map would have broken up the Kansas City base and stretched it into rural, conservative parts of the state, as CNN reported. The Guardian noted that potential voters were new to the district under the revision. Opponents gathered citizen signatures to place the map on the November ballot for voter approval. Republican Secretary of State Denny Hoskins rejected the referendum proposal and ordered the use of the new map on the eve of the primary, according to NBC News and The Guardian. The Missouri Supreme Court ruled in September that the GOP-backed map never went into effect and was never law. The court attributed its use in the primaries to Hoskins and held him in contempt. Rucho v. Common Cause (2019) taught us that federal courts cannot police partisan gerrymandering, but state process remains a different matter. When the St. Louis-based U.S. Circuit Court of Appeals ruled that the Republican-drawn map could be used, the U.S. Supreme Court stepped in to stop it. We judge the process, not the score. The side that wanted this map used is wrong, not because partisan maps are ugly, but because they tried to rewrite the rules after the game had already begun.

Purcell v. Gonzalez is the rule against midnight shifts

The Purcell principle is the doctrine that courts should not change election rules too close to an election to avoid confusion, as noted in Purcell v. Gonzalez. It is frequently invoked by courts to allow elections to proceed under a state's preferred voting requirements, maps, and other rules. CNN reported that the Supreme Court cited this doctrine in its unsigned decision. The court wrote, "At this late date, ordering reversion to the 2025 map in the midst of an ongoing election would usher in electoral chaos." NBC News noted that the court added, "The election is not merely upcoming; it has already started." Missouri elections officials began mailing some absentee ballots using old districts, and voting had begun for military and overseas voters, according to NPR.org and NBC News. Missourians were shifted between districts under the dispute, as The Guardian reported. A different map was used in the primaries, creating the reality where primary voters used one boundary and general election voters will use another. The circuit court tried to resolve this tension before the high court reversed it. Moore v. Harper established that state legislatures are bound by state courts and state constitutions when setting federal election rules. Here, the Missouri Supreme Court ruled that a citizen petition under Proposition A suspended the new law until voters could weigh in. That meant Secretary Hoskins had no authority to force the map through. The strongest opposing case argued that because Missourians cast primary votes using the new lines, the state had an obligation to maintain consistency, as the circuit concluded. But that argument collapses against the clock. Consistency achieved by breaking state referendum laws is not consistency at all; it is executive fiat. A rule that only works when your side controls the Secretary of State's office is no rule.

Chaos is what happens when officials break the sequence

The machinery of democracy is delicate, and it breaks down when officials treat deadlines as optional. CNN noted that People Not Politicians Missouri challenged the map and filed the emergency appeal. Executive director Richard von Glahn stated, "We are done with corrupt politicians trying to force their map into effect outside the process outlined in the Missouri constitution." The high court's decision means the election will proceed using the map containing six seats held by Republicans and two seats held by Democrats, preserving the district of Representative Emanuel Cleaver. The Guardian reported that no dissents were noted on the order, which let stand the Missouri Supreme Court's ruling. If officials ignore referendum laws and push maps onto voters while absentee ballots are in the mail, we invite electoral chaos. The Purcell doctrine was designed to prevent that result. The courts got this right by refusing to reward administrative defiance. The Supreme Court was correct to block Missouri's eleventh-hour map switch. A state cannot ignore referendum laws, print ballots under old lines, and demand that federal courts rescue a botched administrative timeline.

Sources

  1. npr.org: Supreme Court blocks Trump-backed Missouri congressional map
  2. NBC News: Supreme Court for the third time rejects Republican redistricting push in Missouri
  3. CNN: Supreme Court rejects GOP’s third effort to capture Democratic House seat in Missouri
  4. The Guardian: Supreme court blocks Trump-backed Missouri congressional map from use in midterms
  5. ABC News: Supreme Court shuts down Missouri redistricting saga in final rebuff to GOP