Gov. Parson, call a special election so Kansas City has state Senate representation

Representation in legislative assemblies is the bedrock of our constitutional form of government. The Declaration of Independence describes the right to legislative representation as “a right inestimable” to the colonists, and “formidable to tyrants only.” Unfortunately, Missouri governors have been too willing in recent years to leave residents of the state without proper representation in Jefferson City.

The General Assembly is the primary instrument through which Missourians exercise their right of self-governance. In debating and voting on the laws that will govern the state, legislators give voice to their constituents’ interests and concerns. But lawmakers also act as educators and intermediaries for their constituents, helping the people who live in their districts understand the state’s laws and working to ensure that residents are treated fairly in their interactions with government agencies. Whenever a legislative district is left without representation, its residents are at a severe political and social disadvantage relative to the rest of the state.

Gov. Mike Parson recently appointed two Kansas City-area state senators, Kiki Curls and Jason Holsman, to serve on executive commissions. The governor had every right to make these appointments, and the senators had every right to accept them. But because Curls and Holsman cannot hold legislative office while also serving in these new positions, they resigned their seats in the legislature. Consequently, more than 350,000 Kansas Citians currently have no representation in the Missouri Senate.

A spokesperson for the governor’s office has indicated that Parson does not intend to call special elections to fill those vacant seats — but Missouri’s constitution and statutes do not allow a governor to make such a choice.

The Missouri Constitution says that when a vacancy occurs in the General Assembly, the governor shall call for a special election that would allow voters to fill that vacancy. State statutes require the governor to do this “without delay.” In other words, the governor may not wait any longer than necessary to call for these special elections.

Special elections can — and under some circumstances must — be held within a short time frame. When there is a vacancy in Congress, federal law requires a special election to be held “not later than 49 days after” the vacancy occurs. When there is a vacancy in a sheriff’s office, Missouri state law requires a special election to be held “on or before the tenth Tuesday after the vacancy occurs.”

This year, we already have general municipal elections scheduled to be held statewide on April 7. The governor could easily give Kansas City voters the opportunity to fill the legislative vacancies he created at a special election to be held on that date. Furthermore, the governor can schedule special elections to be held at any time, even if there is no regularly-scheduled election already planned for the target date. April 7 would just be a particularly convenient date for this purpose.

Parson has no legally defensible reason for refusing to call for this election. If the special election were held in April, the new state senators would be seated in time to debate and vote on the majority of the bills being considered by the General Assembly this session. The new legislators would also be able to participate in any special sessions and the annual veto session, and they would be available to address constituent concerns for the rest of the year.

The residents of these districts have a fundamental constitutional right to have their interests represented in these crucial governmental proceedings. Gov. Parson has a constitutional, legal and moral obligation to allow these voters to choose new legislators to serve them in the Missouri Senate for the remainder of the year.

This story was originally published January 22, 2020 at 3:47 PM with the headline "Gov. Parson, call a special election so Kansas City has state Senate representation."