Missouri Independent: Bills making it harder to amend state constitution proceed in Missouri House

Bills making it harder to amend state constitution proceed in Missouri House

by Anna Spoerre, Missouri Independent
April 3, 2024

Two bills seeking to make it more difficult to amend the state constitution through the initiative petition process advanced through the Missouri House this week. 

On Wednesday, legislation sponsored by Republican state Rep. John Black of Marshfield was approved on a 106-49 vote. The only Republican to vote against the measure was House Majority Leader Jon Patterson of Lee’s Summit. 

Earlier in the week, a House committee approved a different version of the bill sponsored by state Sen. Mary Elizabeth Coleman that the Senate passed last month. 

If either version is approved by both chambers, the question would go on the statewide ballot in either August or November.

Citizen-led initiative petitions currently require signatures from 8% of voters in five of the state’s eight congressional districts. To pass once on the ballot, a statewide vote of 50% plus one is required — a simple majority vote.

Both the House and Senate versions make the process harder, but in very different ways. 

The House joint resolution would:

Require signatures from 8% of registered voters in all eight congressional districts to qualify for the ballot. Establish a forum hosted by the Secretary of State for voters to review and comment on proposed amendments before they head to the ballot.Require a ballot measure receive a majority of votes in all eight of Missouri congressional districts to pass.Require the General Assembly to have the approval of at least four-sevenths of the members in each chamber to make any modifications to citizen-led constitutional amendments within two years of when they go into effect.

The Senate joint resolution would: 

Require that constitutional amendments pass by both a simple majority of votes statewide and a majority of votes in at least a majority of the votes in Missouri’s congressional districts. Require the General Assembly to have the approval of at least four-sevenths of the members in each chamber to make any modifications to citizen-led constitutional amendments within two years of when it goes into effect.

‘This is about reproductive freedom’

Last May, House Speaker Dean Plocher, a Republican from Des Peres, said his party anticipated an initiative petition to legalize abortionwould be brought forward and would pass. 

Since then, acampaign to legalize abortion to the point of fetal viability in Missouri has raised millions of dollars, most recently bringing in internationally-known model and Webster Groves native Karlie Kloss to campaign on their behalf.

Republicans in support of changing the initiative petition process have said their motivation is more wide-reaching than abortion and pre-dates the 2023 session, anti-abortion groups have been some of the main champions of the legislation.

But the bulk of Wednesday’s conversation centered on the most recent citizen-led amendment to pass.

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In 2022, Missourians legalized recreational marijuana with53% of voters in favor of the amendment.

In that election, Black said, 15 counties carried the “yes” vote, arguing that urban voters “basically imposed their will on the rest of the state.”

Republicans in favor of changing the initiative petition process have repeatedly pointed to the length of the state constitution, which includes 134 amendments, as a reason for reform. 

State Rep. Robert Sauls, a Democrat from Independence, countered that only 19 of the amendments came from initiative petitions. The rest came from the General Assembly. 

“This idea that the constitution has gotten out of control, well look in the mirror,” Sauls said. “We’re the reason that it has. Not these 19 amendments that the people have put on.”

An analysis by The Independent found that under the concurrent majority standard, as few as 23% of voters could defeat a ballot measure. This was done by looking at the majority in the four districts with the fewest number of voters in 2020 and 2022.

“You want a minority to be able to block a majority,” said state Rep. Joe Adams, a Democrat from University City. “That is shameful.”

State Rep. Doug Richey, a Republican from Excelsior Springs, said with a simple majority, it’s possible for those leading initiative petition efforts to “ignore” congressional districts and still succeed. 

“That is a significant move to value the voices of people in the state of Missouri no matter where they happen to live,” Richey said. “No matter what their perspective is.” 

Reference to the current abortion initiative petition wasn’t raised until late in the debate by state Rep. Patty Lewis, a Democrat from Kansas City. 

Volunteers with Missourians for Constitutional Freedom collect signatures in support of putting forward a ballot measure that would legalize abortion up to the point of fetal viability in Missouri. More than 500 people signed up for a campaign event on Tuesday, Feb. 6, 2024, in Kansas City (Anna Spoerre/Missouri Independent).

“This is about reproductive freedom,” Lewis said. “And it’s about taking away our vote to restore reproductive freedom in the state of Missouri.”

In approving Black’s legislation on Wednesday, the House made little mention of the “ballot candy” written into the resolution. 

The ballot candy, which refers to provisions added to ballot measures in order to win over voters, has become a major point of contention between Republicans and Democrats. In the proposed initiative petition bills, language has been included that would ask voters if they want to define legal voters as citizens of the US who live in Missouri and are registered to vote and whether they want to prohibit foreign entities from sponsoring initiative petitions.

Democrats argue the inclusion of the ballot candy is an attempt by Republicans to mislead voters and distract from the effort to weaken the initiative petition process. In the Senate, a 21-hour filibuster ended with Republicans agreeing to remove the ballot candy in exchange for Democrats allowing the bill to come up for a vote. 

The House restored the ballot candy at Coleman’s request, setting up a potential showdown in the Senate if the bill makes its way back to that chamber. 

Missouri Independent is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Missouri Independent maintains editorial independence. Contact Editor Jason Hancock for questions: [email protected]. Follow Missouri Independent on Facebook and Twitter.