State constitutional rights, Missouri's congressional maps, canvassing deadlines
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Here are the top stories from the week of September 7 - September 11.

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** Voters will decide on 14 ballot measures related to state constitutional rights
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On Nov. 3, voters in nine states will decide on 14 ballot measures to establish, expand, or repeal rights in state constitutions.

The U.S. Constitution sets a minimum level of protection that states cannot violate, while state constitutions may exceed federal protections or cover areas the federal Constitution doesn't address. As a result, establishing, expanding, or repealing a right in a state constitution can affect which government actions are permitted and the legal protections available within that state.

Legislatures referred 10 of the measures to the ballot. Five measures were approved in state legislatures with Republican support, and the other five were placed on the ballot with primarily Democratic support. Citizens initiated the other four measures.

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** Missouri secretary of state says 2022 congressional maps will be used in November election
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On Sept. 10, Missouri Secretary of State Denny Hoskins (R) said he was directing local election officials to use the congressional map the state legislature adopted in 2022 in the state’s November general election.

Due to ongoing legal challenges, it has been uncertain over the past week whether Missouri’s 2026 congressional elections would be held under the new districts adopted by the state legislature in 2025 or under the districts adopted by the legislature in 2022. Missouri voters nominated candidates under the 2025 map in the state’s Aug. 4 primary.

Under the 2022 map, Missouri’s U.S. House delegation includes two Democrats and six Republicans. Based on the 2024 presidential election results in the state, the 2025 map would likely result in one Democrat and seven Republicans being elected.

On Sept. 10, the U.S. Supreme Court stayed a federal district court order in conflict with a Missouri Supreme Court ruling which ordered that the 2025 map would not be in effect unless it was approved by voters. The U.S. Court of Appeals for the Eighth Circuit is scheduled to hear oral arguments in the case on Sept. 17.

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** Three states have changed election canvassing deadlines in 2026
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Idaho, Nebraska, and Wisconsin passed laws this year to change deadlines related to compiling, reviewing, and certifying election results, a process called canvassing. The laws in Idaho and Nebraska will be in effect for the Nov. 3 midterm elections, and the law in Wisconsin will be in effect for the 2028 presidential election.

Idaho H 873 moved the county canvass deadline from 10 days to nine days after the election.

Nebraska LB 1075 requires county officials to submit the official election results to the state by the third Monday after the election. Previously, there was no deadline for this to occur.

Wisconsin requires the county canvass to take place before noon on the Saturday after a presidential election. The state canvass must then occur within 21 days of a presidential election. Previously, Wisconsin held the state canvass on Dec. 1 for all general elections, including presidential elections.

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** Missouri becomes one of seven states to have a measure on the initiative and referendum process on its Nov. 3 ballot
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On Sept. 3, the Missouri Supreme Court ruled that an initiative concerning the state's initiative process will appear on the Nov. 3 ballot. The proposed constitutional amendment would establish the citizen initiative and referendum process as fundamental rights and prohibit the Missouri General Assembly from “weakening citizens’ initiative and referendum powers.”

The campaign supporting the initiative, Respect MO Voters, submitted more than 367,000 signatures on May 3. On Aug. 4, Missouri Secretary of State Denny Hoskins (R) rejected the initiative, saying it violated the single-subject rule. Missouri is one of 17 states that require initiatives to address a single subject.

The initiative’s proponents filed a lawsuit against Hoskins. Judge Daniel Green of the Missouri 19th Judicial Circuit Court ruled in favor of Hoskins, saying the initiative comprised multiple subjects. The state supreme court unanimously reversed the circuit court, saying the initiative “complies with the single-subject requirement because all the petition provisions relate to the single overarching subject of ‘protecting Missouri citizens’ constitutionally reserved lawmaking power.”

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