An attorney representing Missouri’s top election official admitted in court Friday that her client had authored ballot language that could “prejudice” voters about a referendum to block the GOP’s new gerrymandered congressional map. 

The state constitution gives Missourians the right to veto new state laws by holding a statewide referendum vote. Since Missouri Republicans passed mid-decade redistricting in September, voters have been fighting to put it to a referendum. But the Republican Party – including Missouri Secretary of State Denny Hoskins – are throwing every possible hurdle in its path. 

That apparently includes ballot language.

In November, People Not Politicians, the group leading the referendum effort, filed a lawsuit challenging what it termed the “dishonest” text Hoskins had approved.

The court could take over the task of writing the ballot language if Hoskins fails to provide an acceptable version after three tries. A bench trial is scheduled for Feb. 9.

Missouri law requires the secretary of state’s ballot language to be a “true and impartial statement” that isn’t “intentionally argumentative” or “likely to create prejudice either for or against the proposed measure.”

At a hearing Friday, Hoskins’ attorney admitted the ballot summary was likely to create prejudice against the referendum, according to People Not Politicians. She also said the language would be revised in negotiations with the referendum organizers, the Missouri Independent reported.

Now, the state will get “another bite at the apple” to write new language, Chuck Hatfield, an attorney representing People Not Politicians, told Democracy Docket. 

“Rather than losing in court, today the Secretary of State simply admitted that he broke the law and sought to deceive Missouri voters,” Richard von Glahn, executive director of People Not Politicians, said in a statement. “While warranted, this admittance does little to alleviate our concerns that a subsequent summary prepared by him will be any more accurate. Missourians deserve the truth about their rights and the referendum.”

According to court filings, the official certified ballot language reads: “Do the people of the state of Missouri approve the act of the General Assembly entitled ‘House Bill No. 1 (2025 Second Extraordinary Session),’ which repeals Missouri’s existing gerrymandered congressional plan that protects incumbent politicians, and replaces it with new congressional boundaries that keep more cities and counties intact, are more compact, and better reflects statewide voting patterns?”

In addition to the misleading ballot language, Republicans have devised relentless obstacles for referendum supporters, including trying to decline certifying the petition on holding a referendum for being filed too soon, reject signatures for being collected too soon, block the petition from moving forward and intimidate referendum supporters. 

Hoskins is also insisting on enacting the new map before voters can hold the referendum, breaking with Missouri precedent.

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