Why Missouri’s Amendment 4 would be a ‘seismic’ change for direct democracy
When Gov. Mike Kehoe ordered lawmakers to return to the Missouri Capitol last year, he claimed that “out-of-state special interests” were deceiving voters into passing “out-of-touch policies.”
“It’s time we give voters a chance to protect our Constitution,” Kehoe, a Republican, said at the time, calling on lawmakers to overhaul the state’s main form of direct democracy.
The first-in-the-nation solution that Kehoe unveiled — and later placed on the Aug. 4 ballot as Amendment 4 — was not centered around any one policy issue in particular. Instead, the proposal asks voters to dramatically curb their own ability to pass future ones.
Now, Amendment 4 sets the stage for an extraordinary vote in which voters will decide whether it should be virtually impossible for citizen-led constitutional amendments to pass on the ballot. The outcome of that vote could reshape policy in the state for years to come.
“It would change (Missouri) in fairly dramatic ways,” said Peverill Squire, a retired University of Missouri political science professor. “Policies that didn’t enjoy support in the legislature would simply be dead.”
The proposal takes aim at Missouri’s century-old initiative petition process, a form of direct democracy that allows citizens to collect signatures to place policies on the ballot. In recent years, voters have used petitions to legalize abortion, limit tax increases, expand Medicaid and legalize marijuana.
Republican lawmakers have sought to clamp down on petitions for years as voters passed policies they viewed as too progressive. They’ve pushed to increase signature-gathering requirements, fought to raise the voter approval threshold and overturned a slew of voter-approved laws.
But Amendment 4 represents the most aggressive attempt to overhaul the initiative petition process in modern history, according to political experts who say the change would wrestle back control of statewide policy into the hands of the Republican-controlled Missouri General Assembly.
“I mean, it kills it,” said Matt Harris, a political science professor at Park University in Parkville. “it really kills any (citizen-led ballot measure) that is even remotely partisan or controversial.”
Currently, initiative petitions require a statewide majority (50% of the vote plus one) in order to pass. Under Amendment 4, citizen-led constitutional amendments would need to win majority support statewide and also win a majority in every one of the state’s eight congressional districts.
On both conservative and liberal-leaning policy measures, that threshold would give voters in just one congressional district the power to veto an amendment, no matter how popular it is statewide.
Missouri would be the only state in the country with such a requirement, often called a concurrent majority, according to a list of state ballot measure rules compiled by the National Conference of State Legislatures.
The threshold would also not apply to state lawmakers. Amendments placed on the ballot by the General Assembly would still only have to receive a simple majority statewide in order to pass.
The proposed amendment comes as fights over another statewide ballot measure, Amendment 5, have largely controlled the airwaves and social media over the past several weeks. However, Harris, the political science professor, said Amendment 4 would likely have more of an immediate impact on the state.
“Amendment 4 is potentially more seismic in terms of policy in Missouri,” Harris said. “Anything that comes from citizens, it’s really hard to get those eight out of eight districts.”
Inside the Aug. 4 election
Ahead of the election, a host of groups have lined up on either side of Amendment 4 in media interviews, advertisements and social media posts.
Supporters claim that it’s been too easy to amend the Missouri Constitution. Some have argued that Missouri should “end direct democracy” or gone as far as claiming that Missouri is not a democracy at all. Others argue that rural congressional districts should have more power over statewide ballot measures.
Ray Bozarth, the campaign manager for Protect Election Integrity, a group backing Amendment 4, touted the requirement that citizen-led ballot measures would need to win all eight congressional districts, saying it “ensures campaigns must earn support from every corner of Missouri, not just concentrate their efforts in a handful of large metropolitan areas.”
“Today, well-funded special interests can focus almost exclusively on Missouri’s largest population centers while treating much of rural Missouri as an afterthought,” Bozarth said. “Amendment 4 encourages campaigns to build support across the entire state by engaging communities in every congressional district, not just those where it’s easiest to collect votes.”
Another conservative advocacy group previously touted the proposal in an interview.
“When you put it all together, we have disrespected our constitution,” said Byron Keelin, president of Freedom Principle Missouri, which supports Amendment 4. “Gambling, riverboat casinos, sports betting, marijuana, all of these things are not constitutional level issues.”
Several groups have organized against the proposal, including Missourians for Fair Governance — a group largely funded by the state’s real estate industry — and Protect Majority Rule, a group backed by a host of liberal-leaning groups.
Scott Charton, a spokesperson for Missourians for Fair Governance, called the proposal “hypocritical, unfair and undemocratic” in a statement.
“Amendment 4 would set such a ridiculously restrictive roadblock for the people that it effectively kills the citizens’ initiative power, which is the politicians’ real agenda,” Charton said. “The politicians want you to surrender power that not just you, but your parents and grandparents, used to remind politicians who’s the boss.”
Meanwhile, Protect Majority Rule is planning to air an advertisement called “Constitution” in parts of the state in opposition to Amendment 4. An online version of the ad reviewed by The Star features a copy of the Missouri Constitution being shredded.
The ad urges Missourians to vote no to “protect majority rule.”
“Amendment 4 destroys the majority rule system that’s worked for a century,” the ad says. “Shredding one person, one vote.”
This is how the question will be phrased on the Aug. 4 ballot:
Shall the Missouri Constitution be amended to:
- Modify current requirements that a statewide majority of voters may approve initiative petitions to amend the constitution;
- Require a majority of voters in each congressional district to approve initiative petitions to amend the constitution; and
- Make available to each voter the full text of initiative petitions with their ballot?
