Amendment Would Limit Ability to Remove Sheriffs

An amendment on the Missouri ballot for Tuesday, November 3rd would limit the ability of people to remove an elected sheriff. 

The amendment is entitled the "Require Election of County Sheriffs Amendment;" however, Worth, Nodaway, Gentry, Harrison, and Daviess Counties, along with most counties in Missouri already elect their sheriffs. 

The main focus of the measure, which passed the legislature and was placed on the ballot, is to limit the ability of citizens to remove an elected sheriff.  Currently, under Section 106.230, any citizen can file an affidavit with the prosecutor seeking the removal of a county sheriff for causes that are specified in law. The county prosecutor can file their own affidavit. The Missouri Attorney General can file a quo warranto seeking the removal of a sheriff, or any other county officer. Such a petition would go before the circuit court, and a sheriff so removed can appeal the ruling directly to the Missouri Supreme Court.

If passed, the "Require Election of County Sheriffs" amendment would take away the ability of citizens or the local prosecutor to remove an elected sheriff, and only the Attorney General could file such an action in court. 

Causes that are specified for removal of a sheriff or other county officer include the following:

--Failure to perform duties.

--Being found guilty of any wilful, corrupt, or fraudulent violations or neglect of any official duty.

--Knowingly or willfully failing or refusing to perform any official act or duty which, by law, it is their duty to do or perform with the execution or enforcement of the criminal laws of this state. 

The burden of proof is on the plaintiff to prove by preponderance of the evidence that the respondents committed acts that warrant forfeiture of office.