Plan making it more difficult to approve ballot measures in Missouri passes House

JEFFERSON CITY — The Missouri House passed a measure Thursday that would ask voters to make it harder to amend the state constitution.

House Joint Resolution 43, sponsored by Speaker Pro Tem Mike Henderson of Bonne Terre, would require future constitutional amendments on the ballot to receive 60% of votes in favor to pass. Under current law, a simple majority — more "yes" votes than "no" votes — is required for approval.

The resolution, long-sought by Republicans who argue the initiative petition process is too easy for outside groups to navigate, now heads to the Senate. If approved by the legislature, it will go in front of voters on the November 2024 ballot; a simple majority of votes in favor would pass it.

"I believe that the Missouri Constitution is a living document but not an ever-expanding document," Henderson said on the House floor during a three-hour debate Wednesday. "Right now, it has become an ever-expanding document."

Democrats have opposed the measure, arguing that it stifles the ability for voters to directly participate in government. In recent years, Missourians have approved constitutional amendments to legalize medical and recreational marijuana; pass restrictions on lobbyist gifts and the redistricting process; and expand the state's Medicaid program.

Many Republicans, who control both chambers of the legislature, have opposed those measures. Several of them did not receive 60% approval, which would be required under the proposal.

"The clear argument is 'the voters passed something we didn't like,'" said Rep. Kevin Windham, a St. Louis Democrat. "I don't know if it can be said any clearer."

The House passed the resolution along party lines, by a vote of 108-50.

Missouri legislature:Follow live updates from Jefferson City this week

Opponents take aim at ballot language they call 'misleading'

During floor debate, Democrats took aim at the language that would appear on the ballot if the resolution is approved by the legislature. The first sentence of that language states that the amendment would "allow only citizens of the United States to qualify as legal voters," with two following statements pertaining to changes to the initiative petition process.

Several lawmakers argued that language was misleading to those at the ballot box who would only read the first sentence and vote in approval, without knowing the entirety of the amendment's intention.

"Voters are going to be fooled by this," said Rep. David Tyson Smith, a Columbia Democrat. "When you read that, that's the first thing."

An amendment by another Democrat, Rep. Eric Woods of Kansas City, that attempted to move that language to the bottom of the measure was shot down by Republicans.

Henderson, the sponsor of the resolution, along with other GOP members, said the language was not explicitly outlined in the state constitution as is. Rep. Darin Chappell of Rogersville said a few municipalities in the U.S. had allowed non-citizens to vote, and that inserting that language into the state constitution was "not a radical position."

Initiative petition reform:Missouri legislators aim to make it harder for citizens to change state law, constitution

Realtors group has warned of strong opposition to initiative petition changes

One Missouri organization, which has previously spearheaded initiative petition campaigns of their own, warned lawmakers last week that they would move to oppose any changes to the initiative petition system that land on the ballot. That could mean financing a formal opposition campaign, distributing literature or other methods.

"Any changes that need to be made should be measured and minimal," said Sam Licklider, the longtime lobbyist of the Missouri Association of Realtors, speaking to a House committee. "If it goes overboard we'll be prepared to take such measures as may be required."

A number of advocate groups across the state focused on voting rights have previously expressed strong opposition to the measures, but the realtors group, which has previously led petitions relating to taxes, could provide a vocal and well-financed opposition to the legislature's efforts. Licklider said for one of those petitions, the Realtors group considered doing a state law change before opting instead for a constitutional amendment.

"We put it in the Constitution to protect it from, I'm sorry, you guys," he said.

Dan Viets, a Columbia-based attorney who worked on campaigns to legalize medical and recreational marijuana, called the proposals "an attempt to make the initiative petition process unusable."

"People only do this when the legislature is unresponsive to the will of the people," he said.

Other major policy and advocacy groups — including the Missouri Chamber of Commerce, Missouri Farm Bureau and Missouri Soybean Association — have come out in support of the measure.

Galen Bacharier covers Missouri politics & government for the News-Leader. Contact him at gbacharier@news-leader.com or on Twitter @galenbacharier.

This article originally appeared on Springfield News-Leader: MO House approves plan making it harder to pass ballot measures