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People Not Politicians v. Onder · ¶12

The Eighth Circuit’s application of Purcell was incorrect. Even though “federal courts should not impose changes close to an election, States are free to decide for themselves whether last-minute changes to an election are in their best interests”—subject, of course, to certain limited constraints imposed by federal law. Allen, 608 U. S., at 514 (citation omitted). Moreover, in this case, the Missouri Supreme Court was not responsible for the late-breaking changes. On the contrary, in an opinion back in May 2026, well before the primary election, the Missouri Supreme Court stated that the 2025 map would not take effect until approved by the voters in an intervening referendum, at least if the referendum petition was legally sufficient. Maggard v. State, 733 S. W. 3d 411, 419–420 (Mo. 2026); see also Healey v. State, 732 S. W. 3d 827, 836, n. 1 (Mo. 2026); NAACP Mo. State Conference v.…
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