Laws governing local ballot measures in Missouri
Missouri Constitution |
---|
Preamble |
Articles |
I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII • XIII • XIV |
Some Missouri local governments have an initiative process for local ballot measures. This article sets out the laws governing local ballot measures in Missouri. It explains:
- Which local units of government make the initiative process available to residents.
- How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
- An overview of laws governing local recall elections.
Types of local government
According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 114 counties, 1,226 cities, towns, and villages, and 1,927 special districts. St. Louis operates as an independent city.[1]
Ballot Law Portal |
Laws Governing Ballot Measures |
School districts
Missouri mandates four types of school bond and tax elections. The first is to issue new bonding for capital improvements and new construction. They are also required if a school district wants to exceed its debt limit, which is also known as a debt ceiling. Also, elections are required if a school district wants to exceed a basic operating levy. The basic operating levy and the debt ceiling levy are different since the debt ceiling is a limit on all outstanding levies in a school district, while the operating levy is related to operational expenses only. Lastly, if a school district wants to revise an existing levy in order to increase or decrease it, a Proposition C referendum is mandated. Proposition C is protected by the Missouri Constitution. There are supermajority requirements as a bond issue requires a four-sevenths vote (57.15%) while any referendum involving exceeding the levy cap, debt ceiling levy, or a Proposition C levy referendum requires a two-thirds super majority vote (66.7%) for approval. Missouri is one of a small number of states that requires super-majority approval from the voters to approve a ballot measure related to school finance.
Annexation
A Missouri municipality can annex property in two ways:
- Voluntary annexation: Voluntary annexation is an easy process in which both the property owner and the city desire annexation.
- Involuntary annexation: Involuntary or forced annexation is a more difficult process, which requires an ordinance decided by municipal election, with a 2/3rds (66.67%) super-majority voter approval necessary for the ordinance to pass.[2]
Local recall rules
Missourians do not have the right of statewide recall. However, the right of local recall is available in:
- Cities defined as Class 3 cities.
- Cities that operate under a city charter, if the specific city charter allows for recall.
The recall process that applies to Class 3 cities in Missouri is governed by MRS §77.650 and 78.260.
Generally:
- Recall may not commence during the elected official's first 6 months in office
- The grounds for recall must be stated, and must include misconduct in office, incompetence, and failure to perform duties prescribed by law.
- 60 days are allowed for collecting signatures.
- Signatures equal to 25% of the registered voters in the city must be collected.
- For additional detail, see: Laws governing recall in Missouri
Initiative process availability
A guide to local ballot initiatives | |
---|---|
The availability of initiative varies depending upon the classification, form of government, and home rule status of a city or county.
Counties
All four charter counties have initiative for charter amendments and county measures.[3][4][5][6]
Cities
Constitutional charter cities
The Missouri Constitution Article VI Section 20 mandates that charter cities allow initiative for charter amendments and may also adopt an initiative process for ordinances. The charters of the eight most populated cities (Kansas City, St. Louis, Springfield, Independence, Columbia, Lee's Summit, St. Joseph, and St. Charles) all permit initiative. Signature requirements and filing deadlines vary by charter.
Third class cities
Third class cities with a commission or a council-manager form of government have an initiative process for ordinances provided by state statutes, Missouri Revised Statutes Section 78.200 for commission and Section 78.573 for council-manager. The main difference between the two statutes is the required percentage of signatures. A Missouri court recently questioned whether Section 78.573 requires an enabling city ordinance to be available to citizens, but did not reach a definite holding on the issue.[7]
Third class cities with a Mayor-Council and Mayor-Administrator-Council form of government are not granted initiative authority by state statutes.
Fourth class cities
Fourth class cities and villages are not granted initiative authority by state statutes.[8]
Restrictions
- See also: Missouri House Bill 722 (2015)
Local governing entities are not allowed by Missouri law to enforce minimum wages that are higher than the state-set minimum wage or minimum employment benefits that are better than the state-mandated minimum employment benefits. Cities and counties are also not allowed to enact bans, taxes or fees on plastic or paper bags.
In January 2017, however, the Missouri Supreme Court ruled that Kansas City must honor an initiative petition for a local minimum wage increase and put the proposal on the ballot. The court did not rule, however, on whether or not the local minimum wage increase was legal according to state law, a decision that would have to be ruled on by courts after the election provided the initiative is approved.[9]
Authority
Constitution
- Missouri Constitution, Article VI, Section 19 - constitutional charter adoption, home rule powers
- Missouri Constitution, Article VI, Section 20 - amendment to constitutional charter through initiative
Statutes
- Missouri Revised Statutes, Section 81.013- special legislative charter amendment through initiative See law: 81.013
- Missouri Revised Statutes, Section 78.200, 210, 240, 270- initiative in commission cities See law: 78.200 Chap. 78
- Missouri Revised Statutes, Section 78.573, 575- initiative in council-manager cities See law: 78.573 78.575
Initiative process features
Local I&R Laws in the 50 States |
Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns |
Third Class Cities
|
|
Charter Cities
|
Initiative in the top 10 most populated cities
Eight of the top 10 most populated cities in Missouri are governed under a home rule charter. Initiative is available for charter amendments. Those eight have all also authorized initiative for ordinances. The provisions below come from the specific city charter or code. Click on the citation links to read the full requirements for the initiative process. Sample petitions may be available from local election officials.
|
See also
External links
Footnotes
- ↑ U.S. Census Bureau, "2022 Census of Governments – Organization," accessed October 16, 2023
- ↑ Crystal City, Missouri Comprehensive Plan Update
- ↑ Municipal League of metro St. Louis, "St. Louis County Charter," accessed July 15, 2021
- ↑ Jackson County, "Our Charter," accessed August 23, 2013
- ↑ St. Charles County, "County Charter and Ordinances," accessed August 23, 2013
- ↑ Jefferson County, "Home Rule Charter of Jefferson County, Missouri," accessed August 23, 2013
- ↑ Justia, "Rexroat v. City of Poplar Bluff, Case No. 1: 11CV00224 SNLJ(E.D. Mo., Jan. 27, 2012)," accessed August 23, 2013
- ↑ Ballotpedia, "Types & #s of local government by state," September 2012
- ↑ Kansas City Star, "Missouri Supreme Court orders KC to put higher minimum wage on the ballot," January 17, 2017
- ↑ 10.0 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 US Census, "Annual Estimates of the Resident Population for Incorporated Places in Missouri: April 1, 2010 to July 1, 2011," accessed October 30, 2014
|