Legislative Column for the Week of Oct. 6, 2014
November Ballot Issues

Voting is an integral part of our democratic process. Tuesday, November 4, is election day, and beyond the races for elected officials, there are four constitutional amendments on the state ballots. These amendments were created either by initiative petition or by legislation passed by the General Assembly. Initiative petitions can be proposed by any registered voter. In order to be considered for placement on a ballot, however, a petition proposing amendments to the constitution must be signed by eight percent of registered voters in two-thirds of the congressional districts in the state. Those signatures then must be certified by the Secretary of State’s office.

Constitutional Amendment 2: Criminal Trials

[Proposed by the 97th General Assembly (First Regular Session) HJR 16]

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.

Constitutional Amendment 3: Teacher Tenure and Performance Evaluations

[Proposed by initiative petition]

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.

Constitutional Amendment 6: Early Voting

[Proposed by the 97th General Assembly (Second Regular Session) SS SCS HCS HJR 90]

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: Government Finances

[Proposed by the 97th General Assembly (Second Regular Session) HJR 72]

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.

I hope this information is useful for election day, in order to go to the polling place completely informed. Voting is the most important way to get your voice heard during the democratic process.

As always, please feel free to contact me or my staff 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 866-277-0882 (toll-free) or 573-751-2272, or by fax at 573-526-7381.