Sean Nicholson, a prominent political activist involved in the six-year battle over Missouri legislative districts, will be the key witness in a case challenging the current State Senate map. Cole County Circuit Judge Jon Beetem has granted permission for Nicholson to testify on behalf of a group of three plaintiffs contesting aspects of last year’s redistricting for the state senate.
The lawsuit seeks to redraw the boundaries of five Senate districts, including three in northwest Missouri, one in the 12th district, and two in St. Louis County. The plaintiffs argue that the current map contains unconstitutional flaws, such as splitting Hazelwood in north St. Louis County between the 13th and 14th districts, as well as splitting Buchanan County between the 12th and 34th districts.
If Beetem approves the proposed map changes, they would be implemented for the upcoming 2024 elections. The plaintiffs’ proposal includes placing Buchanan County entirely within the 12th District, which would require adjustments to the 21st District. Additionally, the 34th District would incorporate Platte and the entire Clay County, excluding the 17th District, which is already wholly within Clay County. This adjustment would result in eight local counties, including Caldwell, Carroll, Chariton, Daviess, Grundy, Linn, Livingston, and Sullivan, becoming part of the 21st District, according to a report by The Missouri Independent.
The trial began today (Wednesday) in Jefferson City. Beetem emphasized that he will evaluate whether the proposed map in the lawsuit is constitutionally superior to the current one after the trial concludes. Based on the 2020 census, an ideal Senate district should have a population of 181,000, with a deviation of up to 1% overall. Districts that do not cross municipal or county boundaries can deviate by as much as 3% from the ideal population.
While the challenged Senate map was drawn by a judicial panel, the Missouri House map, developed by a commission, has not faced any legal challenges.
It is worth noting that the proposed map changes are unlikely to affect the partisan composition of the Republican-dominated Senate. However, they could force at least one candidate to seek election outside their current district.
According to the lawsuit, the line dividing Hazelwood between the 13th and 14th Districts is deemed unnecessary and violates the “few as possible” provision, allegedly concentrating Black residents within the 13th District. Only the boundary between these two districts would be altered in the proposed map.
In relation to Buchanan County, it is presently divided between the 12th District and the 34th District. The plaintiffs’ proposal to unite Buchanan entirely within the 12th District would necessitate modifications to the 21st District as well. Under the proposed map, the 34th District would include Platte and the entirety of Clay County outside the 17th District.
The ongoing court filings contesting the proposed map emphasize that while it is possible to draw a constitutional map with fewer splits, not every map achieving that outcome is necessarily constitutional.
The Republican Party currently holds a 24-10 majority in the Senate, and the trial’s sought-after changes are not anticipated to significantly impact the partisan balance of any district. In the upcoming elections, odd-numbered districts will elect senators.
The two St. Louis County districts involved in the challenge are presently represented by Democrats. Senator Angela Mosley, from the 13th District, will be seeking her second term, while Senator Brian Williams, representing the 14th District, recently won his second and final term.
In the northwest Missouri districts, Senator Rusty Black, a Republican from Chillicothe, won his 12th District seat last year and will not face re-election until 2026. In the 34th District, Senator Tony Luetkemeyer, a Republican from Parkville, is prevented from running again in 2026 due to term limits.
However, the proposed changes in the 21st District would relocate State Representative Doug Richey, a Republican from Excelsior Springs, to the 34th District. Richey, alongside State Representative Kurtis Gregory, a Republican from Marshall, has launched campaigns for the GOP nomination in the district currently represented by Senator Denny Hoskins. Richey’s residence would be located just outside the new district line, but only residents of a given district are eligible to run for legislative seats.
Richey, confident that the district lines will withstand the challenge, plans to continue campaigning during the ongoing court case, which is likely to be appealed regardless of the outcome, he stated.
“It is not likely that a judge is going to rule against a panel of judges with a declaration they didn’t have enough information to draw the map,” Richey said.
