Missouri Constitution, not politicians, speaks for the people

January 7, 2026 51

(Missouri Independent) — Respect for and upholding the rule of law is part of the job requirement of our public officials. They take an oath to do just that.

Unfortunately, it seems some of our statewide officials have decided that they simply can declare what the law is and we are all expected to follow. They did not learn the rule from kindergarten: just because you say something does not make it so.

In early December, more than 300,000 signatures were submitted to the Missouri Secretary of State’s Office to put the question of whether the state legislature’s mid-decade redistricting congressional map should be adopted. These Missourians spoke with a common voice, loud and clear, that they wanted a statewide vote, a right which is guaranteed to them by the Missouri Constitution.

The Missouri Constitution is quite clear on the referendum process, backed by more than a century of case law: the voters have a right to vote on legislation passed by the Missouri General Assembly, and the legislation in question takes effect only when approved by voters.

Previous secretaries of state and attorneys general, both Republican and Democratic, have followed the law, which was the case in 2017, when then Secretary of State Jay Ashcroft suspended the legislature’s “right to work” law when the required number of signatures were gathered to put the measure on the ballot.

Yet current Secretary of State Denny Hoskins, with the assistance of Attorney General Catherine Hanaway, has decided to ignore established precedent and black letter law by declaring that the law is not stopped until a vote of the people occurs, and instead, the new map is now in effect. They are waving off the will of the hundreds of thousands of Missourians who signed the petition and attempting to thwart the ability of millions more to vote on the measure.

Hoskins should stop and consider what his job is. As part of his duties, he has the right to determine that the submitted signatures are insufficient, which is subject to a quick judicial review. He has not chosen to do this. What he does not have is the authority to decide which bill, will, or will not, get enacted into law pending the outcome of a vote of the people.

By choosing to simply declare the new map in effect, Hoskins and Hanaway are not only disregarding the law, they are sowing chaos. Both candidates and elected officials have no idea which congressional districts will be in effect. Furthermore, by this attempt to impose the maps by his will alone, they are further delaying the ability of the referendum process to move forward.

All of this undermines Missourians’ confidence in their democracy and damages both our legal and political systems.

Now, Missouri voters have had to file a lawsuit just to require Hoskins and Hanaway to follow the law. This latest court battle is one of many that have been generated by the opposition of our statewide officials. It is disturbing our secretary of state and attorney general have dedicated so much time and taxpayer money to keep the people from having a voice. They need to respect that the more than 300,000 petition signers have spoken and asked for a vote regarding fair and equal representation in the United States Congress. They need to stop with the delaying tactics and support this right of voters.

The people of Missouri reserved the right in our state Constitution to have the final say over legislation. Hoskins cannot just wish that away.

Margaret Donnelly is a retired circuit court judge and a former state representative in the Missouri General Assembly. She wrote this commentary for the Missouri Independent and was republished in compliance with their Creative Commons license.

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