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October Capitol Report:
Understanding Upcoming Ballot Issues
Contact:
(573) 751-3074

Constitutional Amendment 2: Prosecution of Sexual Crimes Against Children

Constitutional Amendment 3: Teacher Tenure

Constitutional Amendment 6: Early Voting

Constitutional Amendment 10: Withhold Overrides

Voters in Missouri will be asked to consider four amendments to the state constitution on Tuesday, Nov. 4, 2014. As your State Senator, I am offering some information explaining the ballot issues. I strongly encourage you to cast your ballot and make your voice heard.

Constitutional Amendment 2: Prosecution of Sexual Crimes Against Children

Amendment 2

Proposed by the 97th General Assembly through House Joint Resolution 16

Question: "Shall the Missouri Constitution be amended so that it will be permissible to allow relevant evidence of prior criminal acts to be admissible in prosecutions for crimes of a sexual nature involving a victim under eighteen years of age?"

  • A “yes” vote would amend the Missouri Constitution to allow relevant evidence of prior criminal acts to be admissible in prosecutions for crimes of a sexual nature involving a victim under 18 years of age. Proponents including prosecutors and child advocates, say allowing evidence of so-called “prior bad acts” to be admissible for the limited purpose of establishing a defendant’s propensity to commit sex offenses involving a child will make it easier to corroborate a child victim’s testimony.
  • A “no” vote on Amendment 5 would not amend the Missouri Constitution. Opponents of Amendment 2 say allowing such evidence is inherently prejudicial as it can cause a jury to convict based on a defendant’s past crimes – or mere allegations of crimes – without regard to the defendant’s actual guilt in the case at hand.
Constitutional Amendment 3: Teacher Tenure

Amendment 3

Proposed through the initiative petition process.

Question: “Shall the Missouri Constitution be amended to Require teachers to be evaluated by a standards based performance evaluation system for which each local school district must receive state approval to continue receiving state and local funding; require teachers to be dismissed, retained, demoted, promoted and paid primarily using quantifiable student performance data as part of the evaluation system; require teachers to enter into contracts of three years or fewer with public school districts; and prohibit teachers from organizing or collectively bargaining regarding the design and implementation of the teacher evaluation system? Decisions by school districts regarding provisions allowed or required by this proposal and their implementation will influence the potential costs or savings impacting each district. Significant potential costs may be incurred by the state and/or the districts if new/additional evaluation instruments must be developed to satisfy the proposal's performance evaluation requirements.”

  • A “yes” vote would amend the Missouri Constitution to eliminate tenure for public school teachers and require each local school district to develop a standards-based system for evaluating teacher performance to be used in decisions relating to teacher retention, promotion, demotions and compensation. Amendment 3 also would strip teachers of collective bargaining rights relating to the design and implementation of a district’s teacher evaluation system. Proponents claim that local districts should not provide teacher tenure without conditions.
  • A “no” vote on Amendment 3 would not amend the Missouri Constitution so that local districts would remain in control. Opponents of Amendment 3, including all of the state’s major education organizations and many of Missouri’s 520 school districts, note that tenure doesn’t prevent teachers from being fired or disciplined for cause, including poor performance; it simply entitles them to due process, an important protection that would be lost under Amendment 3.
Constitutional Amendment 6: Early Voting

Amendment 6

Proposed by the 97th General Assembly through House Joint Resolution 90

Question: “Shall the Missouri Constitution be amended to permit voting in person or by mail for a period of six business days prior to and including the Wednesday before the Election Day in general elections, but only if the legislature and the governor appropriate and disburse funds to pay for the increased costs of such voting?”

  • A “yes” vote would amend the Missouri Constitution to create limited voting times. Proponents believe this is a reasonable approach for voting.
  • A “no” vote on Amendment 6 would not amend the Missouri Constitution. Opponents say Amendment 6 is a sham that would prevent Missouri from enacting substantive early voting in the future. Nothing in the Missouri Constitution as it currently exists prohibits the General Assembly from authorizing early voting by state law. Therefore, by constitutionally dictating the form early voting must take, Amendment 6 actually would impose new restrictions on the Legislature’s power in regard to early voting and prevent it from extending the early voting period or allowing early voting on weekends.
Constitutional Amendment 10: Withhold Overrides

Amendment 10

Proposed by the 97th General Assembly through House Joint Resolution 72

Question: “Shall the Missouri Constitution be amended to require the governor to pay the public debt, to prohibit the governor from relying on revenue from legislation not yet passed when proposing a budget, and to provide a legislative check on the governor's decisions to restrict funding for education and other state services?”

  • A “yes” vote would create a legislative check on withholds from the governor. Proponents say Amendment 10 would provide a legislative check against the governor’s existing constitutional authority to unilaterally impose mid-year spending cuts without legislative consent.
  • A “no” vote on Amendment 10 would not amend the Missouri Constitution Opponents say Amendment 10 will severely weaken the Missouri Constitution’s strong balanced-budget requirement by limiting the governor’s power to restrict spending when state revenue collections are insufficient to cover expenditures budgeted by the Llegislature.

Senator Paul LeVota
State Capitol Building, Rm. 421
(573) 751-3074
Paul.LeVota@senate.mo.gov