Missouri

Congressional

Primary Authority: The Missouri General Assembly draws and enacts congressional plans, subject to the Governor’s veto. The General Assembly can override a veto with a 2/3 vote in each chamber. Republicans currently have veto-proof majorities in both chambers. [Mo. Const. art. III, § 45]

If a bill is presented to the Governor during session, the Governor has 15 days to sign or veto it; otherwise, it becomes law without signature. If the bill is delivered to the Governor during the last 15 days of the session, the Governor must sign or veto it within 45 days of session adjournment; otherwise, it becomes law.

Mapping Timeline: The General Assembly must perform congressional redistricting following the certification of the congressional reapportionment figures to the state’s Governor, but no particular deadline is specified for the enactment of final plans. [Mo. Const. art. III, § 45]

Redistricting Criteria: Contiguous; As compact as may be; As nearly equal in population as may be. [Mo. Const. art. III, § 45]

Map Challenges: Filed in the Cole County Circuit Court. The Missouri Supreme Court has exclusive appellate jurisdiction and notices of appeal must be filed within 10 days after the circuit court’s judgment has become final. Only an eligible Missouri voter who resides in the district to be challenged has standing to bring an action. If the court finds a violation, its judgment can only adjust the districts/boundaries necessary to bring the map into compliance. [Mo. Const. art. III, §§ 3(j), 7(i)]

Legislative

Primary Authority: The House Independent Bipartisan Citizens Commission draws and adopts state House plans, and the Senate Independent Bipartisan Citizens Commission draws and adopts state Senate plans, both 20-member politician commissions. The commissions have identical procedures.

• Members: The state committees and congressional district committees of the state’s two largest political parties each nominate members of their party, 5 by each of the state committees and 2 by each of the congressional district committees, to the Governor. The Governor appoints 1 nominee from each of the congressional district committees’ lists (16) and 2 nominees from each of the state committees’ lists (4), for a total of 20. If any party’s committee fails to submit nominee(s), the Governor selects and appoints person(s) from that party’s membership. [Mo. Const. art. III, §§ 3(c), 7(a)]
• Timing: Party committees must submit their nominees to the Governor within 60 days after the state’s decennial census population is reported to the President, and the Governor must appoint commissioners within 30 days thereafter. The Commission must meet and elect their chairman, vice chairman, and secretary on the 15th day following their appointment. [Mo. Const. art. III, §§ 3(c), (d), 7(a), (b)]
• Eligibility: Congressional district committee nominees must live in the respective committee’s district, and neither party can nominate more than one person residing in the same state legislative district. No person can serve on the House and Senate Commissions during the same cycle, and active lobbyists are prohibited from serving. Commission members are disqualified from holding office in the Missouri General Assembly for 4 years after the date of filing of final redistricting plans. [Mo. Const. art. III, §§ 3(c), 7(a); Mo. Rev. Stat. § 105.967]
• Voting: Committee nominations require a majority vote. Adoption of final plans requires an affirmative vote from seven-tenths of the respective Commission’s members. [Mo. Const. art. III, §§ 3(c), (f), 7(a), (e)]
• Public Input & Transparency: Each Commission must hold at least 3 public hearings to hear objections and testimony regarding their organization and structure. Tentative redistricting plans and all demographic and partisan data used to create them must be released to the public and an unspecified number of public hearings must be held on them in the 15 days following their release. [Mo. Const. art. III, §§ 3(d), (e), 7(b), (d)]

Backup Authority: If either Commission fails to adopt a final plan by its deadline, the Missouri Supreme Court appoints 6 Missouri appellate court judges to a commission to draw and adopt that plan using the same process prescribed for the Commissions. The backup commission must approve a final plan, by majority vote, and file it with the Secretary of State within 90 days of the relevant Commission’s missed deadline. [Mo. Const. art. III, §§ 3(g), 7(f)]

Mapping Timeline: Both Commissions must file their tentative redistricting plans with the Secretary of State no later than 5 months after their appointment and must hold public hearings on those plans within the following 15 days. Final plans must be adopted and filed with the Secretary of State no later than 6 months after their appointment. [Mo. Const. art. III, §§ 3(e), (f), 7(d), (e)]

Redistricting Criteria: Max 1% population deviation (up to 3% if needed to follow political subdivision lines); Contiguous; As compact as may be; Minimize divisions of counties, political subdivisions, and municipalities; Drawn to achieve partisan fairness and competitiveness. [Mo. Const. art. III, §§ 3(b), 5, 7(c)]

Map Challenges: Filed in the Cole County Circuit Court. The Missouri Supreme Court has exclusive appellate jurisdiction and notices of appeal must be filed within 10 days after the circuit court’s judgment has become final. Only an eligible Missouri voter who resides in the district to be challenged has standing to bring an action. If the court finds a violation, its judgment can only adjust the districts/boundaries necessary to bring the map into compliance. [Mo. Const. art. III, §§ 3(j), 7(i)]

Ballot Measure & Referendum Processes

Types of Measures: Direct initiatives and referendums are permitted to amend statutes. Direct initiatives are permitted to amend the state constitution. Legislatively initiated ballot measures may amend both statutes and the state constitution.

Single-Subject Rule: Yes.

Initiative Subject Restrictions: Ballot measures must be constitutionally permissible.

Signature Requirements: Constitutional amendments require 8% of all legal voters in each of at least 2/3 of the state’s congressional districts, and 5% for statutory initiatives and veto referendums. The number of legal voters is based on the total votes cast for gubernatorial candidates in that district in the last general election prior to the petition’s filing. District information can be found here.

Submission Deadlines: Initiative petitions must be submitted at least 6 months prior to the election in which it is to appear on the ballot. Referendum petitions must be submitted to the Secretary of State no more than 90 days after the adjournment of the legislative session in which the bill was passed.

Circulation Period: The circulation period for initiative petitions is 18 months.

Ballot Title and Summary: The ballot title and summary are written by the Secretary of State and approved by the Attorney General. Expedited reviews for titles and summaries are permitted.

Other Requirements: A fiscal impact statement is required. Circulators must be at least 18 years of age and registered with the Secretary of State. There are no supermajority requirements. The General Assembly can amend or repeal voter-approved statutes but must follow constitutional guidelines to amend or repeal amendments. Referendums cannot target laws making appropriations for the current expenses of the state government or emergency legislation. Initiatives are permitted on general election ballots but not on primary, special election, or odd-year ballots.

[Mo. Const. art. III, §§ 49 – 53, art. XII, §§ 1 – 3(c); Mo. Rev. Stat. §§ 116.010 – 116.340; Missouri Secretary of State Website]

Previous Redistricting Cycles

2010

• Congressional
  • Original Plan – HB 193
    • Passed = April 27, 2011 (R-controlled)
    • Vetoed = May 2, 2011 (D-controlled)
    • Veto Overridden = May 4, 2011 (R-controlled)
  • Litigation History
    • Pearson v. Koster, 367 S.W.3d 36 (Mo. 2012): Two groups of plaintiffs filed a lawsuit challenging the General Assembly’s enacted congressional plan on the grounds it failed to sufficiently comply with the state constitution’s compactness requirement. On May 25, 2012, the Missouri Supreme Court affirmed the trial court’s judgment that the plan sufficiently complied with the constitutional compactness requirement.
• Legislative
  • Appellate Apportionment Commission’s Original Plans (House and Senate Reapportionment Commissions failed to adopt plans, so backup commission of appellate court judges adopted plans)
    • Adopted = November 30, 2011
  • Reapportionment Commission’s Revised Senate Plan
    • Adopted = December 9, 2011
  • 2nd Commission’s Revised Senate Plan
    • Adopted = March 12, 2012
  • Litigation History
    • State ex rel. Teichman v. Carnahan, 357 S.W.3d 601 (Mo. 2012): After the Senate Reapportionment Commission filed its revised Senate Plan on December 9, 2011, a registered Missouri voter filed a lawsuit challenging the constitutionality of the Appellate Commission’s original Senate plan and the Reapportionment Commission’s revised Senate plan on the grounds that the commission lacked authority to adopt the December 9, 2011 revised plan and that the original Senate plan violated the state Constitution by excessively dividing counties. On January 17, 2012, the Missouri Supreme Court ruled that the commission lacked authority to adopt the revised Senate plan, that the original Senate plan violated the state constitution, and ordered that a new plan be drawn.
      • Remedial Senate Plan
        • Adopted = March 12, 2012
    • Johnson v. State, 366 S.W.3d 11 (Mo. 2012): A group of Missouri voters filed a lawsuit challenging the General Assembly’s enacted House plan as violating the state constitution’s requirements for population, contiguity, and compactness, in addition to asserting procedural violations in its enactment. On May 25, 2012, the Missouri Supreme Court affirmed the trial court’s judgment in favor of the defendants, finding that the plaintiffs failed to prove the House plan violated the state constitution and that the reapportionment commission did not violate state law when enacting it.

2000

• Congressional
  • Original Plan – HB 1000
    • Passed = May 29, 2001 (Split-control)
    • Signed = June 1, 2001
  • Litigation History
    • None
• Legislative
  • Appellate Apportionment Commission’s Plans (House and Senate Reapportionment Commissions failed to pass plans)
    • Passed = November 30, 2001
  • Litigation History
    • None