Legislative Column for the Week of Monday, Oct. 20, 2014
November General Election
 

JEFFERSON CITY — This year’s general election date is fast approaching. On Nov. 4, you will have the opportunity to vote for federal and state offices, including U.S. Congress, State Auditor, State Senate (even numbered districts), State Representative (all districts) and judges (where elected or retained.) You will also have the chance to weigh in on several ballot issues, which are detailed below.

About two million Missourians voted in the last two “off year” General Elections.  That is one million fewer than the average presidential election year. Your voice is as important as ever before in deciding these important federal and state elections. I encourage every constituent and other readers to vote on Nov. 4, and urge your family and friends to do the same.

Absentee Voting Has Begun

Registered Missourians who expect to be prevented from going to their polling place on Election Day may vote absentee beginning six weeks prior to an election.

Voters can request absentee ballots from their local election authority in person or by fax. Faxed absentee ballot requests should be submitted to the appropriate local election authority. Mail in or faxed absentee ballot requests must be received by the election authority no later than the 5:00 p.m. on the Wednesday prior to any election. Voters can vote by absentee in the office of the local election authority until 5:00 p.m. the night before the election.

District 8 voters can visit the Jackson County Election Board at 215 N. Liberty, Independence, Mo. 64051or call them at (816) 325-4600

Ballot Issues

The following ballot measures will be on the Nov. 4, 2014 General Election ballot. Each description contains the official ballot title, fiscal note, fair ballot language and impact on taxes.

Constitutional Amendment 2

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 18 years of age?

If more resources are needed to defend increased prosecutions additional costs to governmental entities could be at least $1.4 million annually, otherwise the fiscal impact is expected to be limited.

Fair Ballot Language:

A “yes” vote will amend the Missouri Constitution to allow evidence of prior criminal acts, whether charged or uncharged, to be considered by courts in prosecutions of sexual crimes that involve a victim under 18 years of age. The amendment limits the use of such prior acts to support the victim’s testimony or show that the person charged is more likely to commit the crime. Further, the judge may exclude such prior acts if the value of considering them is substantially outweighed by the possibility of unfair prejudice to the person charged with committing the crime.

A “no” vote will not amend the Missouri Constitution regarding the use of evidence of prior criminal acts to prosecute sexual crimes.

If passed, this measure will have no impact on taxes.

Constitutional Amendment 3

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.

Fair Ballot Language:

A “yes” vote will amend the Missouri Constitution to require teachers to be evaluated by a standards based performance evaluation system. Each system must receive state approval in order for the local school district to continue receiving state and local funding. Teachers will be dismissed, retained, demoted, promoted and paid primarily using quantifiable student performance data as part of the evaluation system. The amendment further requires teachers to enter into contracts of three years or fewer with public school districts, with exceptions. The amendment also prohibits teachers from organizing or collectively bargaining regarding the design and implementation of the teacher evaluation system.

A “no” vote will not amend the Missouri Constitution regarding teacher contracts and performance evaluation systems.

If passed, this measure will have no impact on taxes.

Constitutional Amendment 6

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?

State governmental entities estimated startup costs of about $2 million and costs to reimburse local election authorities of at least $100,000 per election. Local election authorities estimated higher reimbursable costs per election. Those costs will depend on the compensation, staffing, and, planning decisions of election authorities with the total costs being unknown.

Fair Ballot Language:

A “yes” vote will amend the Missouri Constitution to permit voters, in years when the legislature provides funding, an early voting period of six business days prior to and including the Wednesday before election day to cast a ballot in all general elections. This amendment does not allow early voting on Saturday or Sunday.

A “no” vote will not amend the Missouri Constitution to provide all voters with a six-business day early voting period.

If passed, this measure will have no impact on taxes.

Constitutional Amendment 10

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?

State governmental entities expect no direct costs or savings. Local governmental entities expect an

unknown fiscal impact.

Fair Ballot Language:

A “yes” vote will amend the Missouri Constitution regarding the requirements placed on the governor for proposing a state budget and for withholding money appropriated in the budget passed by the legislature. This amendment prohibits the governor from reducing funding passed by the general assembly without receiving legislative consent, and provides certain other restrictions on the governor’s ability to increase or decrease line items in the budget. This amendment further prohibits the governor from proposing a budget that relies on revenue from legislation that has not yet passed in the general assembly.

A “no” vote will not amend the Missouri Constitution regarding the requirements placed on the governor for proposing a state budget and for withholding money appropriated in the budget passed by the legislature.

If passed, this measure will have no impact on taxes.

Please feel free to contact me with any questions or concerns at any time. We look forward to hearing your comments and suggestions, and trying to answer any questions you may have. You can reach us by phone at (573) 751-1464, or e-mail at will.kraus@senate.mo.gov.