Missouri Supreme Court puts KCPD measure on August ballot, rejects KC mayor’s argument
The Missouri Supreme Court ruled on Tuesday that a measure forcing Kansas City to spend more on police can appear on the August ballot, ending a legal fight between Kansas City Mayor Quinton Lucas and Missouri officials over when the election will be held.
The state’s highest court released an amended ruling that officially puts the ballot measure on the Aug. 6 ballot. The court had ordered in April that the question would appear on the Nov. 5 ballot but Republican Gov. Mike Parson used his gubernatorial powers and rejected that date last week.
“As a matter of comity and to accommodate the governor’s apparent desire to have the question decided on that date, one of those modifications is to change the date of the special election,” the court said in a footnote attached to the amended opinion.
The decision, however, did not wade into the question of whether a Missouri governor has the power to move an election date ordered by the state Supreme Court. It said it leaves that question “for another day.”
Tuesday’s ruling rejects a motion from Lucas, who sought to have Republican Secretary of State Jay Ashcroft held in contempt of court for moving forward with the Aug. 6 election date in violation of the April state Supreme Court opinion.
The footnote said that when Parson ordered the election for August, the court had not yet finalized the election for November. Lucas’ challenge was therefore premature, the court found.
Jazzlyn Johnson, a spokesperson for Lucas, said in a statement that the mayor’s office would respect the ruling.
“Unlike others, we understand and respect the rule of law in our country,” Johnson said. “We continue to appreciate the court’s ruling in favor of Mayor Lucas, local control for the people of Kansas City, and fair elections. We also respect the court’s rewording issued today, which now makes the Secretary’s prior unlawful action all good.”
Republican Attorney General Andrew Bailey, who defended Ashcroft in the case, took to social media soon after the ruling to tout his “huge win at the Missouri Supreme Court.”
The amended ruling came after the court on April 30 tossed the results of a 2022 vote in which Missourians overwhelmingly approved the measure, called Amendment 4. It found that the fiscal note summary of the measure, which voters saw at the ballot box, was misleading.
The court ordered a do-over election and Tuesday’s amended ruling means that the election will officially be held in August.
The proposed constitutional amendment would require Kansas City to increase the amount of general revenue it spends on its police department from 20% to 25%. The measure has faced criticism from Kansas City officials who argue voters across the state shouldn’t decide how a municipality makes public safety decisions.
Kansas City, however, has often funded its police department at or above the 25% threshold.
The ballot measure comes as Kansas City, which is more diverse and progressive than the rest of the state, remains the only city in Missouri that does not directly control its police force. A five-member board of police commissioners oversees the department. The governor appoints four while Lucas fills the remaining spot.
The state Supreme Court on Tuesday also overruled a motion from Lucas that sought to amend the fiscal note summary on the proposed ballot measure. He had argued that the language of the measure implied that it would allow SB 678, a state law passed by Missouri lawmakers forcing Kansas City to spend more on police, to retroactively take effect.
While rejecting the motion, the court added the following footnote to its Tuesday ruling:
“Nothing in this opinion, including the new fiscal note summary specified herein, shall be taken as expressing any opinion as to the enforceability of SB 678, either in the event the voters approve Amendment No. 4 in the August 2024 election or in the event the voters reject it.”
This story was originally published June 4, 2024 at 2:11 PM.
