Tag Archives: independent state legislature theory

“Redistricting foes blast Hanaway for trying to stop referendum on Missouri map”

Missouri seeks to revive the independent state legislature theory, this time its by insisting that there’s a clear-statement rule. I may have more to say about this case in the near future. In the meantime, you can find the complaint here.

STLPR reports:

Missouri Attorney General Catherine Hanaway’s efforts to block a redistricting referendum is drawing fierce criticism from backers of the vote.

At issue is a push from a group called People Not Politicians to place a recently passed congressional map up for a statewide vote in 2026. The proposal would transform Congressman Emanuel Cleaver’s Kansas City-based district into a GOP-leaning seat.

Hanaway filed a lawsuit in federal court Wednesday arguing that the referendum plan violates the federal and state constitutions. The lawsuit contends nothing in the Missouri Constitution “expressly says that federal congressional reapportionment may be subjected to a referendum.”

“Defendants cannot identify any language that ‘makes it clear’ that the Missouri Constitution transfers authority over federal redistricting away from the General Assembly,” Hanaway’s lawsuit states.

On Thursday, Chuck Hatfield, an attorney for People Not Politicians, sharply disagreed with Hanaway. He pointed to language in the Missouri Constitution stating that people “reserve the power to reject laws and reserve the power to approve or reject referendums of any act of the General Assembly.”

“I would encourage you to go look at [the bill lawmakers passed during a September special session],” Hatfield said. “At the top, it says ‘an act of the General Assembly.’ The Constitution specifically allows a referendum on that bill. And she is just absolutely wrong about that.”

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