MO judges find wording on court fees question misleading. Here’s what ballot will say now
Wording on a ballot measure concerning court fees has been rewritten after the original language was found misleading by the Missouri Court of Appeals.
The National Police Accountability Project, or NPAP, challenged the language, which would have appeared in a summary on the ballot as: Shall the Missouri Constitution be amended to preserve funding of law enforcement personnel for the administration of justice?
The statement was created by the Missouri General Assembly when it passed Senate Joint Resolution 71.
NPAP said the wording failed to clarify that the ballot initiative would allow court fees to support salaries for police and prosecutors.
They filed an injunction in Cole County Circuit Court, which ruled in their favor, concluding that the summary the General Assembly approved was “insufficient and unfair.” The circuit court’s judgment included new ballot language.
Missouri Secretary of State Jay Ashcroft, a Republican, appealed to the Missouri Court of Appeals’ Western District.
The appellate court sided with the circuit court, saying the statement “does not include the central feature of the amendment,” which is the levying of fees. It also took issue with the summary’s use of the word “preserve” because SJR 71 contemplates a new funding source for a sheriff’s retirement fund.
However it took issue with the circuit court’s rewrite of the ballot language and issued its own summary statement.
The ballot will now read: Shall the Missouri Constitution be amended to provide that the administration of justice shall include the levying of costs and fees to support salaries and benefits for certain current and former law enforcement personnel?
Lauren Bonds, executive director of NPAP, said the court’s ruling was a win for Missouri voters.
“Giving communities a say in how law enforcement is funded—and making sure they have the full truth when making that decision — is crucial for accountability,” she said.
NPAP said in a statement that it opposes ordering court fees to fund police and prosecutors because it can cause “a conflict of interest and can create debt so insurmountable that it can lead to incarceration if they can’t pay, effectively creating debtor’s prisons.”
The Missouri Secretary of State’s Office did not immediately respond to a request for comment Monday.
The ruling comes as Missouri voters are preparing for several other major votes in November, including amendments to legalize abortion and sports betting. The state Supreme Court is scheduled to hear arguments on Tuesday over whether the abortion rights measure can remain on the ballot after a lower court ruled that it was insufficient.
Tuesday also marks the final deadline before ballots can be finalized for printing, according to state law.
