Opinion: Constitutional Amendment Filed to Protect Missouri Voters

by Your Vote Counts

In response to the continued attempts of a handful of career politicians to overrule the will of Missouri voters, the Voter Protection Alliance has filed a constitutional amendment to provide greater protections for voter-approved initiatives.

The Voter Protection Act would require a three-fourths vote in both the House and the Senate, or a vote of the people by referendum, in order for the legislature to repeal or amend a citizen initiative. The group plans to gather signatures to qualify the measure for the November 2012 ballot.

State legislators in Jefferson City have been working to repeal or weaken citizen-approved ballot measures on issues such as puppy mills, clean energy, school funding and minimum wage. The Voter Protection Act fact sheet has more details on these repeal efforts. The Voter Protection Act is a response to these threats to the voting rights of Missouri citizens. The measure has been endorsed by groups from the left to the right who are concerned about protecting the will of the people and the integrity of the ballot initiative process, including Citizens in Charge, The Humane Society of the United States, ASPCA (American Society for the Prevention of Cruelty to Animals), Americans for Tax Reform, National Taxpayers Union, U.S. Term Limits, Stop Child Predators, and Americans for Limited Government.

“A narrow legislative majority should not override the vote of millions of Missourians,” said State Representative Scott Sifton, D-96, who supports the Voter Protection Act and has introduced a similar measure in the legislature. “The time has come for the Missouri Constitution to protect the will of the voters.”

The Voter Protection Act would provide constitutional protections for citizen ballot initiatives similar to those that exist in other states. The measure still allows the state legislature to exercise its legislative authority, and if there are major problems with an initiative they will be able to build consensus for a three-fourths vote. But it adds a layer of accountability and a higher threshold so the will of the people cannot be simply discarded with a narrow vote of the legislature.

Missouri is one of only ten states that allow the state legislature to amend or repeal an initiative statute at any time after its adoption by a simple majority of both houses. A number of other states—including Alaska, Arizona, Arkansas, California, Michigan, Nebraska, Nevada, North Dakota, Utah, Washington and Wyoming—limit the legislature’s ability to unilaterally ignore the will of the voters.

“Elected officials should be accountable to the voters, not the other way around. Yet, the Missouri legislature has too often amended or completely overturned initiatives adopted by the voters,” said Paul Jacob, president of Citizens in Charge. “Citizens need to protect their votes so career politicians in Jefferson City cannot simply substitute their judgment for the wisdom of Missouri citizens. With the Voter Protection Act, the voice of the people will not be so easily drowned out in the capitol.”

“The Missouri Senate has voted to repeal the puppy mill measure passed last November before the law has even had a chance to take effect, just as lawmakers tried to repeal the voter-approved ban on cockfighting,” said Wayne Pacelle, president and CEO of The Humane Society of the United States. “If politicians are so easily able to defy the will of the voters and dismantle these measures, than what other issues will be next?”

“This amendment insures that when ‘We the People’ speak through the initiative process, the politicians can't silence our speech,” stated Joe Maxwell, a Mexico, Mo. hog farmer, and former lieutenant governor, who supports the amendment.

“When Missourians pass a ballot measure, their vote should be respected. That’s why we need to pass the Voter Protection Act, which will require legislators to reach a 3/4ths vote of the legislature or get voter approval before amending or repealing a voter-enacted measure,” said Grover Norquist, president of Americans for Tax Reform. “Protecting initiative rights is critically important for Missouri taxpayers.”

“The proposed measure limiting the power of the General Assembly to undo laws enacted by the people is one of the most important steps that can be taken to ensure a truly limited and responsive government,” said Bill Wilson, president of Americans for Limited Government. “All too often those in power ignore the people and act as though a popular initiative vote is merely ‘advisory.’ Politicians are servants of the people, not the other way around. Americans for Limited Government wholeheartedly supports and endorses the Voter Protection Act.”

“The proposed Voter Protection Act is a vital move to ensure the people of Missouri keep their right to enact laws by initiative,” said Phil Blumel, president of U.S. Term Limits. “Politicians have long craved the ability to kill the initiative rights. The enactment of the Voter Protection Act is crucial to the defense of the fundamental principle on which our nation was founded. All term limits supporters in Missouri should strongly back this amendment and I encourage all citizens to enact this common sense reform.”

"The popular initiative process has proven to be a vital and valuable tool for citizen activists seeking to limit taxes and spending,” said Duane Parde, president of the National Taxpayers Union. “Unfortunately too many elected officials would rather see this tool tossed away or fall into disuse. That's why the Voter Protection Amendment truly can be called the Taxpayer Protection Amendment."

“Missourians should be confident that their vote will be honored,” said ASPCA President & CEO Ed Sayres. “The ballot initiative process, such as with Proposition B, reflects the power that concerned citizens have to participate in legislative reform, and lawmakers shouldn’t be permitted to subvert the judgment of voters in favor of special interests.”

“Missouri politicians should be ashamed of themselves for attempting to overturn the will of the voters,” said Stacie Rumenap, president of Stop Child Predators. “Kudos to everyone who’s supporting the Voter Protection Act which should help remind our elected officials they’re accountable to voters, and not the other way around.”

The main section of the Voter Protection Act would add the following language to the state constitution:

“A statute enacted by citizen initiative pursuant to this article shall not be repealed or amended by the general assembly, except by either a three-fourths vote of the members of each house or a vote of the people through a referendum or unless such statute explicitly provides that the general assembly may repeal or amend it by a majority vote of the members of each house. This section shall apply prospectively to actions of the general assembly relating to statutes enacted by citizen initiative pursuant to this article, whether the initiative statute was enacted before or is enacted after the effective date of this section.”

More information is available at protectvoters.com.