Legislative Update: 2022 ballot measures
Five ballot measures (four proposed constitutional amendments and one question on a constitutional convention) will appear on the November general election ballot.
Pursuant to section 116.180, RSMo, the Secretary of State certifies the official ballot title, containing the official summary statement and the fiscal note summary.
Pursuant to section 116.025, RSMo, the Secretary of State prepares a fair ballot language statement for a statewide ballot measure and transmits it to the Attorney General, who shall approve the legal content and form of the approved statement. Fair ballot language statements shall “fairly and accurately explain what a vote for and what a vote against the measure represent” and shall be “true and impartial statements of the effect of a vote for and against the measure in language neither intentionally argumentative nor likely to create prejudice for or against the proposed measure.” The fair ballot language shall also include a statement as to whether the measure will increase, decrease, or have no impact on taxes, including the specific category of tax. These statements shall be posted in each polling place next to the sample ballot.
Pursuant to section 116.155, RSMo, the General Assembly may prepare its own official ballot title, consisting of an official summary statement and a fiscal note summary, to include in any statewide ballot measure that it refers to voters. Neither the summary statement nor the fiscal note summary contain more than fifty words each, excluding articles. Their language shall be “neither intentionally argumentative nor likely to create prejudice either for or against the proposed measure.”
Pursuant to section 2(b) of article XII of the Constitution of Missouri, if approved by the voters, amendments proposed by the general assembly or by initiative petition shall take effect at the end of thirty days after the election (December 8, 2022).
CONSTITUTIONAL AMENDMENT NO. 1
Investment Authority of State Treasurer
Proposed by the General Assembly
HCS HJR 35 (Griesheimer) – Relating to the state treasurer’s ability to invest
05/04/2021 – Truly Agreed To and Finally Passed
05/25/2021 – Delivered to the Secretary of State
STATE TREASURER – CUSTODY, INVESTMENT, AND DEPOSIT OF STATE FUNDS (Art. IV, Section 15) – Section 15 specifies the investment options available to the state treasurer for moneys in the state treasury. In addition to current options, the proposed constitutional amendment would authorize the state treasurer to invest certain funds not necessary for current expenses in:
- obligations of the United States government or any agency or instrumentality thereof maturing and becoming payable not more than seven years (rather than five years) from the date of purchase;
- municipal securities possessing one of the five highest long-term ratings or the highest short-term rating issued by a nationally recognized rating agency and maturing and becoming payable not more than five years from the date of purchase; or
- other reasonable and prudent financial instruments and securities as otherwise provided by law.
OFFICIAL BALLOT TITLE:
Do you want to amend the Missouri Constitution to:
- allow the General Assembly to override the current constitutional restrictions of state investments by the state treasurer; and
- allow state investments in municipal securities possessing one of the top five highest long term ratings or the highest short term rating?
State governmental entities estimate no costs and increased interest revenue of $2 million per year. Local governmental entities estimate no costs and increased interest revenue of at least $34,000 per year.
FAIR BALLOT LANGUAGE:
A “yes” vote will amend the Missouri Constitution to grant the General Assembly statutory authority to invest state funds and also expand the state treasurer's investment options. Currently the Constitution grants the General Assembly no statutory investment authority and limits the treasurer's investment options. This amendment will allow the General Assembly by statute to determine investment avenues for the state treasurer to invest state funds, as well as allow the state treasurer to invest in municipal securities.
A “no” vote will not amend the Missouri Constitution and limit the treasurer to investing state funds only in those currently approved by the Constitution.
If passed, this measure will have no impact on taxes.
CONSTITUTIONAL AMENDMENT NO. 3
Marijuana Legalization and Expungement of Criminal Records – “Legal Missouri 2022”
Proposed by initiative petition
Initiative Petition 2022–059 – Marijuana use and expunging cannabis–related criminal records
08/27/2021 – Submitted to the Secretary of State
05/08/2022 – Signatures Submitted
08/09/2022 – Certificate of Sufficiency Issued
OFFICIAL BALLOT TITLE:
Do you want to amend the Missouri Constitution to:
- remove state prohibitions on purchasing, possessing, consuming, using, delivering, manufacturing, and selling marijuana for personal use for adults over the age of twenty–one;
- require a registration card for personal cultivation with prescribed limits;
- allow persons with certain marijuana–related non–violent offenses to petition for release from incarceration or parole and probation and have records expunged;
- establish a lottery selection process to award licenses and certificates;
- issue equally distributed licenses to each congressional district; and
- impose a six percent tax on the retail price of marijuana to benefit various programs?
State governmental entities estimate initial costs of $3.1 million, initial revenues of at least $7.9 million, annual costs of $5.5 million, and annual revenues of at least $40.8 million. Local governments are estimated to have annual costs of at least $35,000 and annual revenues of at least $13.8 million.
FAIR BALLOT LANGUAGE:
A “yes” vote will amend the Missouri Constitution to remove state prohibitions on the purchase, possession, consumption, use, delivery, manufacture, and sale of marijuana for personal use for adults over the age of twenty–one.
The amendment would also allow individuals with certain marijuana–related offenses to petition for release from prison or parole and probation and have their records expunged; along with imposing a six percent tax on the retail price of recreational marijuana.
A “no” vote will not amend the Missouri Constitution and the sale and use of marijuana for recreational purposes will remain prohibited under current law. Medical marijuana would remain unchanged.
If passed, this measure will impose a 6 percent tax on the retail price of recreational marijuana.
CONSTITUTIONAL AMENDMENT NO. 4
Funding of Law Enforcement Agencies
Proposed by the General Assembly
SS #2 SJR 38 (Luetkemeyer) – Relating to the funding of law enforcement agencies
05/13/2022 – Truly Agreed To and Finally Passed
05/18/2022 – Delivered to the Secretary of State
LIMITATIONS ON STATE SUPPORT TO LOCAL GOVERNMENTS (Mo. Const., Art. X, Section 21) (Amend) – Section 21 of article X of the Constitution of Missouri prohibits the state from reducing the state financed proportion of the costs of any existing activity or service required of counties and other political subdivisions and prohibits the General Assembly or any state agency of counties or other political subdivisions from requiring a new activity or service (or an increase in the level of any activity or service) unless a state appropriation is made for any increased costs. Upon vote approval, this proposed constitutional amendment would provide that, notwithstanding these prohibitions, before December 31, 2026, the General Assembly may by law increase minimum funding for a police force established by a state board of police commissioners to ensure the police force has additional resources to serve its communities.
OFFICIAL SUMMARY STATEMENT (Section B) – The General Assembly adopted the following official summary statement.
Shall the Missouri Constitution be amended to authorize laws, passed before December 31, 2026, that increase minimum funding for a police force established by a state board of police commissioners to ensure such police force has additional resources to serve its communities?
FAIR BALLOT LANGUAGE:
A “yes” vote will amend the Missouri Constitution to allow the general assembly by law to increase the minimum funding for a police force established by the state board of police commissioners to ensure such police force has additional resources to serve its communities. Currently the only police force established by the state board of police commissioners is found in Kansas City, Missouri.
A “no” vote will not amend the Missouri Constitution regarding the funding for a police force established by the state board of police commissioners.
If passed, this measure will have no impact on taxes.
CONSTITUTIONAL AMENDMENT NO. 5
Missouri Department of the National Guard
Proposed by the General Assembly
HJR 116 (Schnelting) – Relating to the state Department of the National Guard
05/05/2022 – Truly Agreed To and Finally Passed
05/18/2022 – Delivered to the Secretary of State
EXECUTIVE DEPARTMENTS AND OFFICES ENUMERATED (Mo. Const. Art. IV, Sections 12
and 54) (Amend) – Upon voter approval, this proposed constitutional amendment would expand the current list of executive departments to include a Department of the National Guard.
MISSOURI DEPARTMENT OF THE NATIONAL GUARD (Mo. Const., Art. IV, Section 54) (New) – Upon voter approval, this proposed constitutional amendment would establish a Missouri Department of the National Guard, headed by an Adjutant General appointed by the governor and confirmed by the Senate, who shall “provide for the state militia, uphold the Constitution of the United States, uphold the Constitution of Missouri, protect the constitutional rights and civil liberties of Missourians, and provide other defense and security mechanisms, as may be required.”
OFFICIAL SUMMARY STATEMENT (Section B) – The General Assembly adopted the following official summary statement:
Shall the Missouri National Guard currently under the Missouri Department of Public Safety be its own department, known as the Missouri Department of the National Guard, which shall be required to protect the constitutional rights and civil liberties of Missourians?
FAIR BALLOT LANGUAGE:
A “yes” vote will amend the Missouri Constitution to create the Missouri Department of the National Guard as a new state agency, headed by an adjutant general appointed by and serving at the pleasure of the governor by and with the advice and consent of the senate.
A “no” vote will not amend the Missouri Constitution regarding the National Guard.
If passed, this measure will have no impact on taxes.
CONSTITUTIONAL CONVENTION QUESTION
Referendum on Constitutional Convention
Mo. Const., Art. XII, Sec. 3(a)
Mo. Const., Art. XII, Sec. 3(a) – Referendum on constitutional convention
REFERENDUM ON CONSTITUTIONAL CONVENTION (Mo. Const. Art. XII, Sec. 3(a)) – At the general election in November 1962, and every twenty years thereafter, the question of a constitutional convention shall be submitted to the voters. If a majority of the votes cast is for the affirmative, the governor shall call an election of convention delegates on a day not less than three nor more than six months after the general election.
OFFICIAL BALLOT TITLE:
The Secretary of State shall submit to the electors of the state the following question:
Shall there be a convention to revise and amend the Constitution?
FAIR BALLOT LANGUAGE:
A “yes” vote will require the governor to call an election of delegates to serve at a convention for the purpose of revising or amending the Missouri Constitution. Any revisions or amendments will then be put to a vote of the people for their consideration.
A “no” vote will mean no constitutional convention will be held.
If passed, this measure will have no impact on taxes.