The Missouri Senate recently voted in favor of legislation aiming to tighten the requirements necessary for introducing state constitutional amendments via ballot initiatives. The bill, known as Senate Substitution (SS) No. 4, suggests that for any constitutional amendments submitted to Missouri voters to succeed, they would call for a majority of votes across more than half of the state’s congressional districts, in addition to a general statewide majority. This effectively means a majority of voters in five of Missouri’s eight congressional districts would need to endorse the proposed amendment for it to win on a ballot initiative.
Notably, the new legislation, if passed, would see amendments to sections of Article XII of the Missouri Constitution, that governs the processes around ballot measures submitted to voters. The affected sections require a majority of statewide voters to be in favor of a proposed amendment, for a ballot measure to pass successfully.
SS No.4, primarily sponsored by Senator Mary Elizabeth Coleman (R), also proposes to change the effective date of voter-approved constitutional amendments from 30 days post the election, to 31 days thereafter. Passed by a Senate with a 22-9 majority, the legislation has now moved to the Missouri House of Representatives, following which, if successful, it will be presented for a vote later this year—requiring only a global statewide majority to be accepted.
This development emerged on the backdrop of an ongoing high stakes campaign to secure a ballot spot for the Missouri Right to Reproductive Freedom Amendment during the November 5 elections. This potential constitutional amendment focuses on securing decisions regarding comprehensive reproductive health care rights.
Notably, this legislation has come under criticism, particularly from President of the League of Women Voters of Missouri Marilyn McLeod, whoargued against its predecessor, SJR 74, stating, “We need to protect our freedom to determine our future in Missouri, not permanently change our constitution to give up our rights.”
Proposing and passing legislation via ballot measures have gained prominence in the wake of the US Supreme Court’s decision to remove the constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization. An article from independent research source KFF suggested that in 2024, as many as four states are expected to feature “legislatively-referred” abortion-related initiatives on their ballots, while another nine states may host “citizen-initiated” initiatives on the same issue. To note further, the Wisconsin State Assembly recentlypassed a referendum to ban most abortions post 14 weeks of pregnancy—a measure likely to feature on the 2024 ballot.