ST. LOUIS–A federal judge on Monday conceded that the lack of a congressional redistricting map in Missouri had likely caused frustration and confusion, but still held out hope that state lawmakers could pass their own map before the 2022 legislative session ends Friday night. Still, U.S. District Judge John Ross ruled in favor of appointing a three-judge panel to create map if the Missouri House and Senate fail to do so.

What You Need To Know

  • State lawmakers have until Friday to pass a map with new congressional district boundaries

  • State and federal lawsuits are trying to keep Missouri from using current map in August primaries

  • Federal judge rules that a three-judge panel could be used to draw new map

The ruling came in a motion hearing over a federal suit brought by Paul Berry III, who is running for the second congressional seat currently held by U.S. Rep. Ann Wagner. Berry contends it is against the state’s constitution to use the existing maps in the absence of new ones, because the current maps would be out of constitutional proportions.

Election officials say August 2 primary ballots have to be frozen by May 24 in order to get ballots out to overseas voters and those in the military in early June. Missouri Secretary of State Jay Ashcroft late last month told Spectrum News he wasn’t entirely sure a new map would be applied to the primary even if lawmakers did finish one by the end of the legislative session, citing the potential for voter confusion. 

Ashcroft has argued in similar cases brought in Cole County court that the state’s constitution only allows for state lawmakers to have that responsibility. State Solicitor General John Sauer said in court that the Secretary of State’s Office agreed to join Berry’s call for a three-judge panel.

Ross rejected Berry’s request for a temporary restraining order without prejudice, meaning Berry could re-file the motion. Ross also allowed lawyers from at least one of the state cases to file motions to intervene in the case. Berry contends that would further eat into the remaining time left for a court to act. Ross said he expects to issue a ruling on that issue on Thursday.

Still to be scheduled would be any hearing by a three-judge panel, which would hear other motions connected to the case in addition to drawing a map if ultimately necessary.

Moday's hearing played out in a St. Louis federal courtroom while lawmakers in the House debated amendments to a map which passed out of a special House committee last week. It would make Berry’s second district stretch from West St. Louis County to portions of Franklin and Warren County. House leaders said last week they were hopeful the Senate could get the map by Wednesday.

While Ross noted there was “still time” for state lawmakers to act with their constitutional responsibilities, the process was “perilously close to that point of last resort,” to need federal court intervention.