Missouri’s Legacy of Direct Democracy Under Attack
The people reserve power to propose and enact or reject laws and amendments to the constitution by the initiative, independent of the general assembly, and also reserve power to approve or reject by referendum any act of the general assembly, except as hereinafter provided.1
Constitution of Missouri
Article III, Sections 49-53: INITIATIVE AND REFERENDUM
Section 49. Reservation of power to enact and reject laws.
The statement ‘The people reserve power’ is at the heart of direct democracy. It makes the case that Missouri citizens have equal standing with the general assembly in regards to proposing and rejecting legislation. The calls of Missouri voters for policy like Medicaid expansion, raising the minimum wage, medical cannabis are not heard in the legislature. The People have to do it if that is their will. We wouldn’t have the nation’s finest Conservation Department if it wasn’t for the 1937 citizens’ initiative that created the Conservation Commission.
The people did it again. In 2018 citizens used the initiative process to approve Medicaid expansion, raised the minimum wage, legalized medical cannabis and implement Constitutional Amendment 1, called Clean Missouri, that addresses lobbying, campaign finance, and redistricting procedures. Voters also rejected, by referendum, a “Right to Work” law that the general assembly had passed.
The legislature was not happy. Justin Hill, Republican representative from the 108th district, said the quiet part out loud explaining his opposition to implementing Medicaid expansion; “Even though my constituents voted for this lie, I’m going to protect them, I am proud to stand against the will of the people.” 3. Hill has plenty of company in the general assembly including Senator Eric Burlison, Republican of District 20 who contends …“Democracy is not freedom. Democracy is two wolves and a lamb voting on what to eat for lunch” 4.
During the 2020 session, the general assembly referred Constitutional Amendment 3 to the voters for approval in the 2020 general election. Amendment 3 rolled back many of the anti-gerrymandering provisions of ‘Clean Missouri” , lowered the legislative gift limit from $5 to $0, and lowered the campaign contribution limit for Senate candidates by $100. Proponents of ‘Clean Missouri’ objected to the ballot summery language the general assembly attached to the bill as insufficient and unfair.
Amendment 3 was the result of a legislature growing increasingly weary with Missouri’s direct initiative process and weaponizing citizens’ tools for democracy.
Gunnar Johanson 5
A group of citizen brought suit in circuit court which found in their favor, vacated the legislatures’ summary and drafted an alternative summary statement. An appellate court ruling affirmed the circuit courts but changed the summary again. Voters approve Amendment 3 in November 2020 mostly unaware that they had just trashed the major provisions of ‘Clean Missouri’ they had just approves in 2018.
During a meeting with activists from the Protect the Ballot Initiative Advocacy Day & Rally April 28th 2021, Senator Cindy O’Laughlin, Republican of District 18, was asked why she opposed ballot initiatives. She had two arguments. First she told the parable of Johnny and Susie. The kids come home from school and tell mom that their friend’s family just bought a new car and they want their family to get one too. O’Laughlin went on to explain that voters were like children and didn’t understand budgeting and the reality of finance. Her other objection was that outside influencers came into the state to do initiatives with a Fistful of Dollars. She failed to disclose to us that she had received over $29,000 from out of state contributors in 2017. Here is a map showing her top contributors ($500+) from out of state. Click on a marker to see the lowdown. https://www.google.com/maps/d/u/0/edit?mid=1nHtj_8dbbc96vRj3lbPGFB3DbEs18Rqo&usp=sharing
Over the past two legislative sessions Missouri’s Trifecta2 general assembly has ramped up their attempt to dismantle the initiative and referendum. In 2021 over a dozen bills were introduced that would significantly alter the initiative process essentially making it impossible to conduct an initiative. Thankfully none of those made it through the session. The attack ramped up in 2022 with 19 bills introduced. Again none of these bad bills were passed mainly due to Republican party in-fighting and filibusters by Democrats in the state senate.
Concerned citizens groups have stepped up to protect Missouri’s 115 year legacy of citizen involvement in direct democracy. Missouri ProVote, Missouri Jobs with Justice, Show-Me-Integrity, Missouri Health Care for All and other groups formed a coalition in both 2021 and 2022 to protect the initiative process by opposing the ‘Bad Bills’ moving through the legislature.
Missouri is one of around 26 states with various forms of direct democracy where citizens can put forth initiatives, constitutional amendments, recall elected officials and call for referendums on legislation passed by the legislature. These tools of direct democracy were developed during the Progressive Era of the early 1900s in response to capture of state legislatures by corporate interests. Missouri adopted these measures in 1907.
Missouri ballot measures come in several different varieties. There are:
- Statute initiative – Sponsors collect signatures equal to 5% of votes for governor in the previous election in 6 of the 8 congressional districts. If the ballot measure reaches its petition signature thresholds it is placed on the ballot in the next primary or general election. If a majority of voters approve then the measure becomes law.
- Constitutional initiative – An amendment to a state’s constitution through the initiative process. Sponsors collect signatures equal to 8% of votes for governor in the previous election in 6 of the 8 congressional districts. Constitutional initiatives follow the same process as a statute initiative except for the higher threshold of signatures required.
- Veto referendum – Missouri citizens can petition to have a vote to repeal a statute or a bill enacted by the general assembly by collecting the required number of signatures (Figure 1) to force the issue to a vote. If sufficient signatures are collected, the bill is placed on the ballot in the next primary or general election.
- Legislative referral statute – The general assembly can place a statute on the ballot for voter approval.
- Legislative referral amendment – Similar to a Legislative referral statute but for a constitutional amendment.
- Automatic ballot referrals – Missouri’s constitution calls for a vote in the general election every twenty years on whether to hold a constitutional convention. 2022 is such a year.
Figure 1. Signatures required by Missouri Congressional District.
The dialectic tension between the people and the general assembly seems to be ratcheting up. As things stand something’s got to give. Gunnar Johanson, in his Law Review Note, Indirect Initiative and Unpopular Referendum in Missouri 5 suggests a number of changes to protect the initiative in Missouri. One example comes from Massachusetts, where a proposed initiative cannot be substantially similar to one that has appeared on the ballot in either of the two preceding elections. Another would be to limit the general assembly’s power to amend and repeal citizen-initiated statutes and amendments.
Of course these changes would have to come from a citizen’s initiative. Are you ready to roll up your sleeves and get to work?
Endnotes:
1 https://revisor.mo.gov/main/OneSection.aspx?section=III++++49&bid=31807&constit=y
2 Trifecta: One political party holds the governorship, a majority in the state senate, and a majority in the state house in a state’s government. Republicans hold super-majorities, more than two-thirds of the seats, in both chambers of the Missouri General Assembly plus the governorship.
3 https://www.kansascity.com/opinion/editorials/article250316169.html
4 https://www.kansascity.com/news/local/news-columns-blogs/the-buzz/article222626700.html
5 Gunnar Johanson, Indirect Initiative and Unpopular Referendum in Missouri, 86 MO. L. REV. () Available at: https://scholarship.law.missouri.edu/mlr/vol86/iss2/15
Steve Mann is an activist living in Kansas City, Missouri concerned with protecting the Peoples ability to vote and be involves in direct democracy. Mann has been involved with the coalition to protect voter rights and the initiative process from the ‘Bad Bills’ flowing through the general assembly.
