Missouri Amendment 4, Allow Legislature to Require a City to Increase Funding without State Reimbursement for a Police Force Established by State Board Amendment (2022)

Missouri Amendment 4
Election date November 8, 2022
Topic State and local government budgets, spending and finance
Status Overturned
Type Constitutional amendment	Origin State legislature

Missouri Amendment 4, the Allow Legislature to Require a City to Increase Funding without State Reimbursement for a Police Force Established by State Board Amendment, was on the ballot in Missouri as a legislatively referred constitutional amendment on November 8, 2022. Amendment 4 was approved but later overturned. A new election was ordered for August 6, 2024, when voters approved the amendment again, although by a smaller margin.

A "yes" vote supported allowing the legislature to increase minimum funding for a police force established by a state board of police commissioners.

A "no" vote opposed allowing the legislature to increase minimum funding for a police force established by a state board of police commissioners.

Election results

Missouri Amendment 4
Result		Votes	Percentage
Yes		1,269,826	63.19%
No		739,783	36.81%

Results are officially certified.

Source

Aftermath

The Missouri Supreme Court struck down Amendment 4 on May 1, 2024. Kansas City Mayor Quinton Lucas filed a lawsuit in 2023 saying that the fiscal note on the ballot measure was inaccurate and misled voters. The lawsuit said that Kansas City leaders informed state officials prior to the November 2022 election that the ballot measure would cost the city nearly $39 million. Meanwhile, the fiscal note said "state and local governmental entities estimate no additional costs or savings related to this proposal." State Supreme Court Judge Paul C. Wilson wrote in the ruling, "Instead, the only issue in this case is whether the auditor’s fiscal note summary – the very last thing each and every voter saw before voting “yes” or “no” on Amendment No. 4 – fairly and accurately summarized the auditor’s fiscal note ... This Court concludes it did not." The Missouri Supreme Court ordered a new election to take place on August 6, 2024. Voters approved that amendment as well, although by a smaller margin.

Overview

What did this measure do?

See also: Text of measure

Amendment 4 amended Section 21, Article X of the Missouri Constitution by allowing the Missouri General Assembly to increase minimum required funding for a police force established by a state board of police commissioners before 2027. This specifically increased the minimum funding to the police force of Kansas City, Missouri.

Section 21 of the Missouri Constitution prohibits increases made to an activity or service beyond the ones required by existing law, unless a state appropriation is made and dispersed to pay for the costs. This amendment created an exception for a police force established by a state board of police commissioners. At the time of the election, Kansas City, Missouri, was the only city that did not have local jurisdiction over its department, and therefore the only city that this measure impacted.

In March, another bill, Senate Bill 678 (SB678), was passed that proposed increasing the minimum funding requirement for Kansas City’s police department. Missouri law mandates that Kansas City devote 20% of its general revenue to the police department. That bill proposed increasing that funding to 25%.

What were the arguments for and against this measure?

See also: Support and Opposition

State Rep. Doug Richey (R-38), a supporter of Amendment 4, brought up two ordinances passed by the Kansas City Council in 2021. "The actions of the mayor and city council last year raised tremendous alarm regarding the stability of funding for something as important as the Kansas City Police Department,” Richey said. One ordinance would have given city leaders more control over the Kansas City Police Department (KCPD), and another would have reduced the funding of the KCPD by $42.3 million. This led to a lawsuit filed by the Kansas City Board of Police Commissioners against Kansas City Mayor Quinton Lucas and the Kansas City Council. Jackson County Circuit Court Judge Patrick W. Campbell later found that the Kansas City Council violated state law in plans to reallocate the $42.3 million. State Sen. Tony Luetkemeyer (R-34), who sponsored the measure, argued this measure would prevent future attempts to decrease police funding. "This legislation will stop future radical attempts by the city council to defund the KCPD and ensure the brave men and women of law enforcement have the resources they need to keep our community safe," he said.

Kansas City Mayor Quinton Lucas said that this measure would take away the ability to work with local police departments and neighborhood leaders in looking for better solutions to violent crime. "I do not support anything that takes away our ability to work with our local police department and neighborhood leaders in terms of how we get to better solutions for violent crime," he said. Gwen Grant, President and CEO of the Urban League of Greater Kansas City, said, "It has the potential of causing a lot of harm to Kansas City." Grant added, “It just makes absolutely no sense that the state legislature would dictate how our local government should allocate its resources, all for the protection of the police in response to a false narrative of defunding.”

Text of measure

Ballot title

The official ballot title was as follows:

“

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? State and local governmental entities estimate no additional costs or savings related to this proposal.

”

Ballot summary

The official ballot summary was as follows:

“

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 changes

See also: Article X, Missouri Constitution

The measure amended section 21 of Article X of the state constitution. The following underlined text was added, and struck-through text would be deleted:

Note: Hover over the text and scroll to see the full text.

Text of Section 21: 1. The state is hereby prohibited from reducing the state financed proportion of the costs of any existing activity or service required of counties and other political subdivisions. A new activity or service or an increase in the level of any activity or service beyond that required by existing law shall not be required by the general assembly or any state agency of counties or other political subdivisions, unless a state appropriation is made and disbursed to pay the county or other political subdivision for any increased costs.

2. Notwithstanding the foregoing 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 such police force has additional resources to serve its communities.

Readability score

See also: Ballot measure readability scores, 2022

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 18, and the FRE is 17. The word count for the ballot title is 55.

The FKGL for the ballot summary is grade level 14, and the FRE is 40. The word count for the ballot summary is 97.

Support

Supporters

Officials

• State Sen. Tony Luetkemeyer (R)
• State Representative Doug Richey (R)

Arguments

• State Sen. Tony Luetkemeyer (R-34): “We need to prevent future radical attempts to defund the KCPD. This ensures the brave men and women in the KCPD have the resources they need to keep our city safe.”
• State Rep. Doug Richey (R-39): "The actions of the mayor and city council last year raised tremendous alarm regarding the stability of funding for something as important as the Kansas City Police Department."

Opposition

Opponents

Officials

• State Sen. Barbara Anne Washington (D)
• Kansas City Mayor Quinton Lucas
• Kansas City Councilwoman Melissa J. Robinson (Nonpartisan)

Organizations

• Greater Kansas City Chamber of Commerce

Arguments

• Kansas City Mayor Quinton Lucas: "I do not support anything that takes away our ability to work with our local police department and neighborhood leaders in terms of how we get to better solutions for violent crime.”
• Gwen Grant, president/CEO of the Urban League of Greater Kansas City: “It just makes absolutely no sense that the state legislature would dictate how our local government should allocate its resources, all for the protection of the police in response to a false narrative of defunding.”

Campaign finance

See also: Campaign finance requirements for Missouri ballot measures

If you are aware of a committee that was registered to support or oppose this amendment, please email editor@ballotpedia.org.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$0.00	$0.00	$0.00	$0.00	$0.00
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$0.00	$0.00	$0.00	$0.00	$0.00

Media editorials

See also: 2022 ballot measure media endorsements

Support

You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.

Opposition

The following media editorial boards published an editorial opposing the ballot measure:

• St. Louis Post-Dispatch Editorial Board: This largely Republican-backed measure is aimed specifically at the state-governed Kansas City Police Department. Although it is presented as a constitutional permission for the state to increase funding for that police force — and to formally block any defund-the-police movement — this measure could help solidify state control instead of restoring full local control.
• The Kansas City Star Editorial Board: "It is beyond outrageous that legislators who live outside of the city think they can order Kansas Citians to spend tax money they may not wish to spend. This year, lawmakers raised the threshold for Kansas City police spending to 25% of local revenue, up from the current 20%. That is bad enough. But there is nothing in Amendment 4 that limits the increase in future years. State legislators could require Kansas Citians to spend 50%, or 90%, or all of their tax revenue on the police, without any recourse for local government. That could mean drastic cuts, or elimination, of virtually every other city function. No other Missouri city faces this kind of dictatorial overreach. No other American city has been so badly treated by lawmakers who live somewhere else. It’s the worst kind of colonialism, championed by extremists. If the amendment passes, the city should sue in federal court to strike it down. Missouri voters can spare that expense by soundly rejecting this worthless proposal."

Polls

See also: 2022 ballot measure polls

Are you aware of a poll on this ballot measure that should be included below? You can share ballot measure polls, along with source links, with us at editor@ballotpedia.org.

Missouri Amendment 4, Allow Legislature to Require a City to Increase Funding without State Reimbursement for a Police Force Established by State Board Amendment (2022)
Poll	Dates	Sample size	Margin of error	Support	Oppose	Undecided

Emerson College Polling/The Hill	10/26/22-10/28/22	1,000 LV	± 3.0%	44%	22%	33%
	Question: "Amendment 4 would increase the amount of police force funding to 25% of a municipality’s general revenue. How do you plan to vote on Amendment 4?"

Note: LV is likely voters, RV is registered voters, and EV is eligible voters.

Background

Kansas City Police Department

The Kansas City Police Department (KCPD) was founded in 1874. At that time, the KCPD was governed by a board of commissioners appointed by the governor. This changed in 1932, when the Kansas City Council brought the KCPD under city governance. In 1939, the KCPD returned to being governed by the state board of commissioners.

As of 2022, Kansas City was the only police department in the state of Missouri that was governed by a state board of commissioners.

Kansas City Police Department funding

In May 2021, the Kansas City Council passed two ordinances that gave the city leaders more control over the funding of the Kansas City Police Department. The first ordinance reduced the KCPD budget by $42.3 million, cutting it to 20% of the city's general fund. Missouri Law requires the city to spend 20% of its general fund revenue on policing. The second ordinance negotiated how that $42.3 million would be spent.

On May 28, 202, the Kansas City Board of Police Commissioners filed a lawsuit in the Jackson County Circuit Court against Kansas City Mayor Quinton Lucas and the city council. The lawsuit stated that the police board of commissioners had sole management over the police budget and that the city had to spend at least 20% of its general revenue on policing. The lawsuit demanded the return of the $42.3 million. On October 5, 2021, a Jackson County judge ruled that the Kansas City Council violated state law in its plans to relocate the $42.3 million.

On May 13, 2022, the Missouri State Legislature passed Missouri Senate Bill 678 (SB678) to increase the funding of the Kansas City Police Department from 20% of the Kansas City general revenues to 25% of the general revenues. On August 17, 2022, Lucas announced he was filing a lawsuit in the Jackson County Circuit Court against the state of Missouri over SB678. On September 22, 2022, the Kansas City Board of Police Commissioners filed a motion to dismiss Lucas' petition, saying that "the claim is not ripe for adjudication."

Missouri ballot measures from 1985 to 2020

In Missouri, a total of 131 ballot measures appeared on statewide ballots between 1985 and 2020. Eighty-three ballot measures were approved, and 48 ballot measures were defeated.

Missouri statewide ballot measures, 1985-2020
Total number	Annual average	Annual minimum	Annual maximum	Approved		Defeated
				#	%	#	%
131	3.44	0	10	83	63.36	48	36.64

Path to the ballot

See also: Amending the Missouri Constitution

To put a legislatively referred constitutional amendment before voters in 2022, a simple majority vote was required in both the Missouri State Senate and the Missouri House of Representatives.

On March 21, 2022, the Missouri State Senate approved Senate Joint Resolution 38 (SJR38) by a vote of 23-10, with one absent. In the Senate, the amendment was passed largely along party lines, with 22 Republicans and one Democrat in favor and nine Democrats and one Republican opposed.

On May 13, 2022, the Missouri House of Representatives voted to approve SJR38. In the House, 103 voted yes, and 44 voted no (with nine absent). The voting largely occurred along party lines, with 100 Republicans and three Democrats voting for the measure, while 44 Democrats and three Republicans opposed the measure.

Vote in the Missouri State Senate March 21, 2022
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 18  a
	Yes	No	Not voting
Total	23	10	1
Total percent	67.65%	29.41%	2.94%
Democrat	1	9	0
Republican	22	1	1

Vote in the Missouri House of Representatives May 13, 2022
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 82  a
	Yes	No	Not voting
Total	103	44	9
Total percent	66%	28%	6%
Democrat	3	41	5
Republican	100	3	4

How to cast a vote

See also: Voting in Missouri

See below to learn more about current voter registration rules, identification requirements, and poll times in Missouri.

How to vote in Missouri

Poll times

In Missouri, all polling places are open from 6:00 a.m. to 7:00 p.m. Central Time. An individual who is in line at the time polls close must be allowed to vote.

Registration

Check your voter registration status here.

To vote in Missouri, one must be 18 years old, a United States citizen, and Missouri resident. An applicant may print an application, pick one up from a county clerk's office, or request that an application be mailed. The completed application must be returned by mail. All returned applications must be postmarked at least 27 days prior to Election Day in order to be processed. An applicant may also register to vote online.

Automatic registration

Missouri does not practice automatic voter registration.

Online registration

See also: Online voter registration

Missouri has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

Missouri does not allow same-day voter registration.

Residency requirements

To register to vote in Missouri, you must be a resident of the state. State law does not specify the length of time for which you must have been a resident to be eligible. Voters may file change-of-address forms after the registration deadline, up to and including Election Day, provided that they can present photo identification upon doing so.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Missouri does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury.

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The Missouri Secretary of State's office allows residents to check their voter registration status online.

Voter ID requirements

Missouri requires voters to present photo identification while voting.

The following were accepted forms of identification as of April 2023. Click here for the Missouri Secretary of State's page on accepted ID to ensure you have the most current information.

Voters can present the following forms of information:

• A nonexpired Missouri driver or non-driver license;
• A nonexpired military ID, including a veteran’s ID card;
• A nonexpired United States passport; or
• Another photo ID issued by the United States or the state of Missouri which is either not expired or expired after the date of the most recent general election.

If a voter does not have an ID, he or she can obtain one for free by filling out this form.

See also

2022 measures

• 2022 ballot measures
• Budgets on the ballot
• Law enforcement on the ballot

Missouri

• Missouri ballot measures
• Missouri ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Senate Joint Resolution 38 text