Capitol Building, Jefferson City, Missouri
A unique opportunity in Missouri in 2022
The Constitution of the State of Missouri stipulates that every 20 years, the Secretary of State shall submit the following question to the voters: “Shall there be a convention to revise and amend the constitution?” This is one of those years. On November 8, 2022, the citizens of Missouri will decide whether or not to have a constitutional convention.
Between now and November, Government by the People will be conducting a campaign encouraging the citizens of Missouri to vote “in the affirmative” in response to that question. We will also be educating the citizens of Missouri with regard to the benefits of amending the Missouri Constitution to implement a system of proxies for citizens and gathering input from the citizenry regarding what other amendments should be considered.
“If a majority of the votes cast” in response to the question regarding a convention are “in the affirmative”, Government by the People will endorse and support a slate of delegates who have pledged to support an amendment putting a system of proxies in place.
[Note: The full text of the relevant section of the Missouri Constitution is posted at the bottom of this web page.]
Our Proposed Amendment
Rationale
Despite the noble sentiments expressed in the opening lines of the Missouri Constitution, the citizens of Missouri have had to fight the General Assembly to get popular legislation passed:
- Citizens were forced to raise millions of dollars and put in countless volunteer hours to gather the signatures required to hold a referendum to repeal an anti-worker so-called “right-to-work” law that had been passed by the General Assembly. [67% of the voters voted to repeal.]
- Citizens used the initiative process to pass an ethics reform called “Clean Missouri” only to have some of the key provisions removed by a deceitfully worded ballot proposal put on the ballot two years later by the General Assembly at the next election. [Clean Missouri passed with 62% of the vote. The deceptively worded ballot proposal passed with 51%. Had both proposals been on the ballot at the same time, Clean Missouri would have prevailed by virtue of being passed with a higher percentage of the vote.]
- Citizens used the initiative process to pass an increase in the minimum wage after the General Assembly not only refused to increase the minimum wage, but blocked efforts by Kansas City and St. Louis to raise the local minimum wage. [The ballot proposal to increase the minimum wage passed with 62% of the vote.]
- Citizens used the initiative process to expand Medicaid in Missouri and have had to fight the General Assembly in court to get legislators to fund the Medicaid expansion approved by voters. [Medicaid expansion was approved with 52% of the vote.]
The process for amending the Missouri Constitution is already democratic, so implementing a system of proxies for citizens is the only legislation needed to bring the government in Missouri in line with the ideas of John Locke regarding a “perfect democracy” and with John Adams’ concept of the ideal representative assembly. Once we implement a system of proxies for citizens, the state legislature will reflect the will of the people.
Action Plan for Missouri - 2022
Phase One (now through November 8, 2022): Encourage voters to cast their votes “in the affirmative” to call a convention and educate voters about the benefits of implementing a system of proxies for citizens. Give the citizens of Missouri an opportunity to weigh in on the details of the proposed proxy system and other amendments that might be proposed.
Draft a working text for any other amendments we might want to propose, based on the support of a majority of voters.
Encourage potential delegates to the convention to assume lead roles in our campaign. and begin to contact voter to raise awareness about our campaign, we will A full list of additional amendments that have majority support, and the exact text of each, will be posted here after various proposed amendments have been discussed and debated.
Phase Two: If a majority of voters call for a convention, we will decide which citizens to support as delegates to the convention from among those who have been active in our campaign and have pledged to support a system of proxies for citizens and any other amendments we decide to support. According to the Missouri Constitution, the election of delegates must take place no sooner than three months or longer than six months after the November election.
Phase Three: The convention must convene within six months of the election of delegates. At the convention, we will work to get the amendments we have endorsed adopted.
Phase Four: Campaign to build support for our amendments. Amendments adopted are to be voted on no sooner than sixty days nor longer than six months after the convention adjourns. Any amendments approved by the voters take effect 30 days after that election.
Missouri Constitution, Article XII, Section 3
This is the full text of Article XII, Section 3
Section 3(a). Referendum on constitutional convention—qualifications of delegates—selection of nominees for district delegates and delegates-at-large— election procedure.
At the general election on the first Tuesday following the first Monday in November 1962, and every twenty years thereafter, the secretary of state shall, and at any general or special election the general assembly by law may, submit to the electors of the state the question “Shall there be a convention to revise and amend the constitution?”
The question shall be submitted on a separate ballot without party designation, and if a majority of the votes cast thereon is for the affirmative, the governor shall call an election of delegates to the convention on a day not less than three nor more than six months after the election on the question.
At the election the electors of the state shall elect fifteen delegates-at-large and the electors of each state senatorial district shall elect two delegates.
*Each delegate shall possess the qualifications of a senator; and no person holding any other office of trust or profit (officers of the organized militia, school directors, justices of the peace and notaries public excepted) shall be eligible to be elected a delegate.
To secure representation from different political parties in each senatorial district, in the manner prescribed by its senatorial district committee each political party shall nominate but one candidate for delegate from each senatorial district, the certificate of nomination shall be filed in the office of the secretary of state at least thirty days before the election, each candidate shall be voted for on a separate ballot bearing the party designation, each elector shall vote for but one of the candidates, and the two candidates receiving the highest number of votes in each senatorial district shall be elected.
Candidates for delegates-at-large shall be nominated by nominating petitions only, which shall be signed by electors of the state equal to five percent of the legal voters in the senatorial district in which the candidate resides until otherwise provided by law, and shall be verified as provided by law for initiative petitions, and filed in the office of the secretary of state at least thirty days before the election.
All such candidates shall be voted for on a separate ballot without party designation, and the fifteen receiving the highest number of votes shall be elected. Not less than fifteen days before the election, the secretary of state shall certify to the county clerk of the county the name of each person nominated for the office of delegate from the senatorial district in which the county, or any part of it, is included, and the names of all persons nominated for delegates-at-large.
Section 3(b). Convention of delegates—quarters—oath—compensation— quorum—vote required—organization, employees, printing—public sessions— rules—vacancies.
The delegates so elected shall be convened at the seat of government by proclamation of the governor within six months after their election. The facilities of the legislative chambers and legislative quarters shall be made available for the convention and the delegates. Upon convening all delegates shall take an oath or affirmation to support the Constitution of the United States and of the state of Missouri, and to discharge faithfully their duties as delegates to the convention and shall receive for their services the sum of ten dollars per diem and mileage as provided by law for members of the general assembly. A majority of the delegates shall constitute a quorum for the transaction of business, and no constitution or amendment to this constitution shall be submitted to the electors for approval or rejection unless by the assent of a majority of all the delegates-elect, the yeas and nays being entered on the journal. The convention may appoint such officers, employees and assistants as it may deem necessary, fix their compensation, provide for the printing of its documents, journals, proceedings and a record of its debates, and appropriate money for the expenditures incurred. The sessions of the convention shall be held with open doors, and it shall determine the rules of its own proceedings, choose its own officers, and be the judge of the election, returns and qualifications of its delegates. In case of a vacancy by death, resignation or other cause, the vacancy shall be filled by the governor by the appointment of another delegate of the political party of the delegate causing the vacancy.
Section 3(c). Submission of proposal adopted by convention—time of election— effective date.
Any proposed constitution or constitutional amendment adopted by the convention shall be submitted to a vote of the electors of the state at such time, in such manner and containing such separate and alternative propositions and on such official ballot as may be provided by the convention, at a special election not less than sixty days nor more than six months after the adjournment of the convention. Upon the approval of the constitution or constitutional amendments the same shall take effect at the end of thirty days after the election. The result of the election shall be proclaimed by the governor.
* Qualifications of senators.—Each senator shall be thirty years of age, and next before the day of his election shall have been a qualified voter of the state for three years and a resident of the district which he is chosen to represent for one year, if such district shall have been so long established, and if not, then of the district or districts from which the same shall have been taken.
[Note: Emphasis added, except in the case of subsection headings.]
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