Analysis: Constitutional questions explained
Your Vote 2022 art
MARYVILLE, Mo. — On Nov. 8, Missourians will vote on four proposed amendments and one ballot question.
AMENDMENT 1
What’s on the ballot:
Do you want to amend the Missouri Constitution to:
allow the General Assembly to override the current constitutional restrictions of state investments by the state treasurer; and
allow state investments in municipal securities possessing one of the top five highest long term ratings or the highest short term rating?
State governmental entities estimate no costs and increased interest revenue of $2 million per year. Local governmental entities estimate no costs and increased interest revenue of at least $34,000 per year.
What it means:
Currently, the state treasurer can only invest in federal or agency bonds and some other limited options. This amendment would allow the treasurer to invest in highly rated municipal securities and federal treasury bills as well. The amendment was placed on the ballot by the state legislature with a unanimous vote in the Senate and a 156-1 vote in the House.
AMENDMENT 3
What’s on the ballot:
Do you want to amend the Missouri Constitution to:
remove state prohibitions on purchasing, possessing, consuming, using, delivering, manufacturing, and selling marijuana for personal use for adults over the age of twenty-one;
require a registration card for personal cultivation with prescribed limits;
allow persons with certain marijuana-related non-violent offenses to petition for release from incarceration or parole and probation and have records expunged;
establish a lottery selection process to award licenses and certificates;
issue equally distributed licenses to each congressional district; and
impose a six percent tax on the retail price of marijuana to benefit various programs?
State governmental entities estimate initial costs of $3.1 million, initial revenues of at least $7.9 million, annual costs of $5.5 million, and annual revenues of at least $40.8 million. Local governments are estimated to have annual costs of at least $35,000 and annual revenues of at least $13.8 million.
What it means:
Voting yes on this amendment would make marijuana legal for recreational use and sale in Missouri for adults 21 or older. The amendment also would allow individuals with certain marijuana-related offenses to petition for release from prison, parole or probation and have their records expunged. It also imposes a six percent tax on marijuana sales.
But even supporters of legalizing marijuana have recommended voting against the amendment primarily because of three reasons: the amendment would privilege existing medical marijuana producers and dispensaries, it contains too many complicated provisions and legalizing marijuana through an amendment means that those provisions can only be changed through another referendum.
The amendment would, for example, establish a lottery system for licensing producers and dispensaries. However, medical marijuana operations that have already been licensed with the state would be grandfathered in, giving them a significant head start on the market.
It also establishes penalties for smoking marijuana in public and limits the amount of marijuana that individuals may carry to 3 ounces.
AMENDMENT 4
What’s on the ballot:
Shall the Missouri Constitution be amended to authorize laws, passed before December 31, 2026, that increase minimum funding for a police force established by a state board of police commissioners to ensure such police force has additional resources to serve its communities?
State and local governmental entities estimate no additional costs or savings related to this proposal.
What it means:
Kansas City is home to the only board of police commissioners in the state, which is made up of four members appointed by the governor and the mayor of Kansas City. The board determines how to spend the money allocated to it by the Kansas City Council. Currently, Kansas City is required by the state’s constitution to allocate 20 percent of its general revenues to its police force. This amendment would allow the legislature to raise that number.
Last year, the Kansas City Council approved a budget that would have reallocated about $42 million from the police department to community-based efforts to prevent violence and other strategies to reduce crime. The resulting allocation strictly for the police department would have been around 21 percent of the city’s general revenues. That plan was eventually ruled illegal, however.
In response, the legislature passed a measure that raised the minimum funding threshold to 25 percent, but Kansas City is suing, saying the legislation amounts to an unfunded mandate from the legislature and is therefore illegal under Missouri law.
To circumvent the legal challenge, the General Assembly put this amendment before voters, which would add it to the constitution and allow the increase to 25 percent.
According to multiple news reports, the current police budget in Kansas City is about $189 million, while the 25 percent threshold would be about $193 million.
Kansas City Mayor Quentin Lucas is strongly against the amendment.
AMENDMENT 5
What’s on the ballot:
Shall the Missouri National Guard currently under the Missouri Department of Public Safety be its own department, known as the Missouri Department of the National Guard, which shall be required to protect the constitutional rights and civil liberties of Missourians?
State governmental entities estimate no savings and ongoing costs of $132,000 annually. Local governmental entities estimate no costs or savings.
What it means:
The amendment would create a cabinet position for the adjutant general of the Missouri National Guard. Supporters say this would streamline communication between the governor and the National Guard during a crisis. The measure was placed on the ballot by the General Assembly with strong bipartisan support, 126-2 in the House and unanimously in the Senate.
Some who oppose it say it is unnecessary because the governor can already coordinate directly with the adjutant general at any time regardless of whether that individual is a part of the cabinet, and that putting the position in the cabinet makes it too politicized.
CONSTITUTIONAL CONVENTION
By Missouri law, voters are asked every 20 years whether they would like to convene a statewide constitutional convention to draft a new state constitution.
If a majority of Missourians vote yes, then a statewide election would be held to determine the delegates to the convention. Political parties in each state Senate district would nominate one candidate each and voters would vote much like in a primary election — requesting one party’s ballot and voting for the sole nominee. The top two vote-getters would become the delegates for that district, theoretically ensuring a bipartisan outcome.
There would also be 15 at-large delegates that everyone in the state would vote on regardless of political party.
The governor, legislators and most government officials would not be eligible to be delegates.
Once the new constitution is drafted, voters would give it a yes or no vote.
According to the Show-Me Institute, the last constitutional convention was called in 1942, and one of its provisions was to ask voters if they would like to call another one every 20 years.
In 2002, voters rejected the invitation with 65 percent saying no.
