By John Sharp
Missouri voters will get to decide in the general election November 5 whether to approve either three or four amendments to the state constitution and one new state law, all of which require approval of a majority of those voting.
Abortion
One high profile constitutional amendment proposed by an initiative petition that gathered far more valid signatures than required to overturn Missouri’s current ban on almost all abortions except in cases of medical emergencies faces a legal challenge filed August 22 by abortion opponents that seeks to remove it from the ballot for not specifying what Missouri laws would be repealed by its passage and for improperly including more than one subject.
Supporters of Amendment 3 also have filed litigation challenging the “fair ballot language” approved by Missouri Secretary of State Jay Ashcroft which is posted next to sample ballots at polling places which states the amendment “will enshrine the right to abortion at any time of a pregnancy”.
The proposed amendment actually clearly allows abortion to be restricted or banned after the point of fetal viability which is when a fetus could survive outside the womb on its own, generally considered around 24 weeks. The amendment does allow exceptions to an abortion ban after the point of fetal liability to protect the life or health of the mother.
More will be written about this proposed amendment after these lawsuits are settled if it is allowed to stay on the ballot.
Sports Wagering
Amendment 2 proposed by initiative petition authorizes Missouri to join the numerous other states such as Kansas that have legalized sports wagering by allowing the Missouri Gaming Commission to regulate licensed sports betting online, at gambling boats and in professional sports betting districts.
It restricts sports betting to individuals 21 and over who are physically located in Missouri and imposes a 10% tax on betting revenues to be appropriated for education after reimbursing the Gaming Commission for its expenses.
Initial onetime costs of implementing the amendment are estimated at $660,000, with ongoing annual costs of at least $5.2 million and initial annual revenue of $11.75 million.
Court Fees
Amendment 6 proposed by the Missouri General Assembly will authorize court fees to support salaries and benefits for current and former circuit attorneys, prosecuting attorneys and sheriffs. No impact on taxes is forecast.
Ranked Choice Voting
Amendment 7 proposed by the Missouri General Assembly bans ranked choice voting in Missouri except in St. Louis City that already has adopted it.
Under current voting laws, whichever candidate gets the most votes in primary elections wins, even though they may have a relatively small percentage of the total number of votes in a multi-candidate election. Groups that support ranked choice voting such as the League of Women Voters feel that encourages candidates to appeal to the more extreme – but often highly engaged and motivated – voters of their parties instead of appealing to the broader base of their parties who often are more moderate and more willing to support compromising with other parties to solve pressing problems.
Under ranked choice voting in a multi-candidate race, if no candidate gets over 50% of the vote, the candidate who gets the lowest number of votes is dropped and their second choice votes are distributed to the remaining candidates. This process is continued until a candidate gets over 50% of the votes cast.
This ballot measure includes “ballot candy” in its official ballot title by emphasizing it will amend the constitution to be consistent with state law to only allow U.S. citizens to vote which appears designed to encourage voters to vote for it. However, since state law already prohibits non-citizens from voting in Missouri, there is no need to add such a redundant provision to the constitution.
Minimum Wage
Proposition A amends state law to increase the current state minimum wage of $12.30 an hour January 1, 2025, to $13.75 an hour, increasing it to $15.00 an hour in 2026 and thereafter increasing it each January based on the consumer price index. Governmental entities and education institutions are exempted from the minimum wage increases.
It also requires employers with 15 or more employees to provide one hour of paid sick leave for every 30 hours worked.
As a change in state law instead of the Missouri constitution, the Missouri General Assembly can later amend the change if it’s adopted without seeking another statewide vote as would be required for a constitutional amendment.
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