The Missouri General Assembly, Secretary of State Denny Hoskins and the state have filed a lawsuit in federal court seeking to block a proposed referendum they say would unconstitutionally strip the state legislature of its authority to draw federal congressional districts.
The complaint, filed Oct. 15, in the U.S. District Court for the Eastern District of Missouri, names Richard von Glahn and the organization People Not Politicians as defendants, alleging their efforts to overturn the legislature’s latest congressional map through a statewide vote violate both the U.S. Constitution and the Missouri Constitution.
In the filing, state officials argue that the U.S. Constitution expressly vests the power to apportion federal congressional districts in state legislatures, with oversight authority resting only with Congress.
They contend that the referendum effort, led by von Glahn and People Not Politicians, represents an unlawful attempt to usurp the Missouri General Assembly’s constitutionally granted powers.
“Defendants have initiated a referendum process that would strip the General Assembly of its authority over redistricting,” the complaint states. “This unprecedented act violates both the U.S. and Missouri Constitutions.”
The plaintiffs rely heavily on the U.S. Supreme Court’s 2023 decision in Moore v. Harper, which reaffirmed that state legislatures hold primary authority to set rules for federal elections, including congressional redistricting.
The complaint cites that ruling as confirmation that other state actors “do not have free rein” to interfere with legislative control over federal apportionment.
The state argues that unless a state constitution explicitly transfers that power elsewhere, such as to an independent redistricting commission, it remains with the legislature under Article I, Section 4, Clause 1 of the U.S. Constitution.
Missouri’s lawsuit notes that the state’s constitution does not contain any language making congressional reapportionment subject to a public referendum.
While Missouri allows voters to revisit some legislation passed by the General Assembly, the plaintiffs assert that this does not extend to federal redistricting measures.
“The people of Missouri have never made the conscious choice to undermine the Framers’ decision to vest this State’s legislature with the reapportionment authority,” the filing reads.
According to the complaint, von Glahn, identified as the executive director of People Not Politicians, submitted a referendum petition challenging the legislature’s most recent congressional map.
The document alleges that von Glahn and the organization are “soliciting donations from politically progressive individuals and organizations from around the country” to support the referendum campaign.
People Not Politicians is described as a nonprofit political and advocacy group operating within Missouri that opposes the General Assembly’s redistricting actions.
The plaintiffs argue that they need not wait for the outcome of the referendum to seek judicial relief, claiming the very act of pursuing the referendum is unlawful.
They assert that the state must already expend resources on “an initiative whose aim is unconstitutional and at odds with the General Assembly’s vested authority over federal congressional reapportionment.”
The lawsuit asks the court to declare the proposed referendum unconstitutional and to issue temporary, preliminary, and permanent injunctions preventing von Glahn and People Not Politicians from continuing their efforts.
The plaintiffs also request declaratory relief under federal and state constitutional provisions, citing Article I, Section 4, Clause 1 of the U.S. Constitution and Article III, Section 45 of the Missouri Constitution.
The complaint further argues that federal courts have jurisdiction to hear such cases, pointing to precedent recognizing legislatures’ ability to defend their apportionment authority. It also contends that venue is proper in the Eastern District of Missouri because von Glahn resides and has engaged in actions related to the referendum within that district.
“The U.S. Constitution’s Elections Clause uniquely bestows on state legislatures the power to set the times, places, and manner of federal elections,” the plaintiffs wrote, “with only Congress itself being the enumerated overseer of legislatures’ actions.” They conclude that because Missouri’s constitution does not clearly transfer that authority, the referendum effort has no legal basis to proceed.
The state’s filing asks the court to declare the referendum effort unlawful, block it from moving forward, and grant “all other relief this Court deems equitable and just.”
The plaintiffs are represented by Solicitor General Louis J. Capozzi III, Principal Deputy Solicitor General William James Seidleck and Deputy Solicitor General Graham Miller.
U.S. District Court for the Eastern District of Missouri, Eastern Division case number: 4:25-cv-01535
