Missouri Amendment 5, Department of the National Guard Amendment (2022)

Missouri Amendment 5
Election date November 8, 2022
Topic War and peace and Administration of government
Status a Approved
Type Constitutional amendment	Origin State legislature

Missouri Amendment 5, the Department of the National Guard Amendment was on the ballot in Missouri as a legislatively referred constitutional amendment on November 8, 2022. The measure was approved.

A "yes" vote supported providing the state’s national guard with an executive department called the Missouri Department of the National Guard.

A "no" vote opposed this constitutional amendment, thus keeping the state’s national guard as part of the Missouri Department of Public Safety.

Election results

Missouri Amendment 5
Result		Votes	Percentage
Yes		1,197,677	60.22%
No		791,231	39.78%

Results are officially certified.

Source

Overview

What did Amendment 5 change about the Missouri National Guard?

See also: Text of measure

Amendment 5 is designed to create the Missouri Department of the National Guard as an administrative department within the state's executive branch. Going into the 2022 election, the Missouri National Guard was part of the Missouri Department of Public Safety. As an executive department, the adjutant general, who commands the national guard, is a member of the governor's cabinet.

Amendment 5 defines the department's purpose as providing for the state militia, upholding the U.S. Constitution, upholding the Missouri Constitution, protecting the constitutional rights and civil liberties of Missourians, and providing other defenses as required.

What were the arguments for this amendment?

See also: Support and opposition

According to the Missouri National Guard, allowing the Guard to become its own department provides a direct line of communication between the adjutant general to the Governor, and that “direct communication would ensure the Governor receives critical military advice and recommendations quickly in times of national or state crisis.” State Rep. Adam Schnelting (R), who introduced the amendment to the Missouri House of Representatives, said that "when a disaster strikes … instead of the adjutant general and our military forces having to go through a bureaucratic process, he would answer directly to the governor."

How did this amendment get on the ballot?

See also: Path to the ballot

In Missouri, for a constitutional amendment to be placed on the ballot by the state legislature in 2022, a simple majority vote is required by both the Missouri House of Representatives and the Missouri State Senate.

Amendment 5 was introduced to the Missouri House of Representatives on January 11, 2022. On April 6, 2022, the House of Representatives voted 126-2 to pass the amendment. And on May 5, 2022, the Senate voted 31-0 to pass the amendment. After passing both chambers of the state legislature, the amendment was placed on the ballot.

Text of measure

Ballot title

The ballot title was as follows:

“

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?

”

Ballot summary

The official ballot summary was as follows:

“

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 changes

See also: Missouri Constitution

Amendment 5 amended Section 12 of Article IV, as well as add a Section 54 to Article IV, of the Missouri 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.

Section 12, Article IV

The executive department shall consist of all state elective and appointive officials and employees except officials and employees of the legislative and judicial departments. In addition to the governor and lieutenant governor there shall be a state auditor, secretary of state, attorney general, a state treasurer, an office of administration, a department of agriculture, a department of conservation, a department of natural resources, a department of elementary and secondary education, a department of higher education, a department of highways and transportation, a department of insurance, a department of labor and industrial relations, a department of economic development, a department of public safety, a department of revenue, a department of social services, a department of the National Guard and a department of mental health. In addition to the elected officers, there shall not be more than fifteen sixteen departments and the office of administration. The general assembly may create by law two departments, in addition to those named, provided that the departments shall be headed by a director or commission appointed by the governor on the advice and consent of the senate. The director or commission shall have administrative responsibility and authority for the department created by law. Unless discontinued all present or future boards, bureaus, commissions and other agencies of the state exercising administrative or executive authority shall be assigned by law or by the governor as provided by law to the office of administration or to one of the fifteen sixteen administrative departments to which their respective powers and duties are germane.

Section 54, Article IV

There shall be established a Missouri Department of the National Guard in charge of the adjutant general appointed by and serving at the pleasure of the governor, by and with the advice and consent of 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.

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 22, and the FRE is 10. The word count for the ballot title is 40.

The FKGL for the ballot summary is grade level 12, and the FRE is 49. The word count for the ballot summary is 70.

Support

Supporters

Officials

• Gov. Mike Parson (R)
• State Rep. Bill White (R)
• State Rep. Adam Schnelting (R)

Arguments

• State Rep. Adam Schnelting (R-104): "When a disaster strikes, whether it's an earthquake or another Joplin scenario, God forbid, instead of the adjutant general and our military forces having to go through a bureaucratic process, he would answer directly to the governor."
• Sen. Bill White (R-32): “The mission of the Guard will not change. This is an administrative change. It will correct budgetary issue ... It currently has to compete for money with other programs run by the Department of Public Safety. It’s not able to make its requests directly to the chief executive."

Opposition

Ballotpedia did not locate a campaign in opposition to the ballot measure.

Campaign finance

See also: Campaign finance requirements for Missouri ballot measures

Ballotpedia did not identify ballot measure committees registered to support or oppose the ballot measure.

	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

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

• St. Joseph News-Press Editorial Board: "The change is not a major one but it still deserves support from Missouri voters because it would streamline the communication process regarding deployments in various types of emergencies and disasters. In the past, the guard hasn’t just responded to public safety matters but also assisted during flooding or helped distribute food or medical services during the pandemic."

Opposition

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

• St. Louis Post-Dispatch Editorial Board: This ballot item proposes to create a state Department of the National Guard with a cabinet position for the guard’s adjutant general. In theory, this would clear away bureaucracy and give the general direct access to the governor in times of crisis. The governor already has authority to clear bureaucratic hurdles in times of crisis and can phone the adjutant general anytime he or she likes. And the military does not need a seat at the table of civilian government. This measure seems like a quick way to politicize a position that must remain apart from politics.

Background

Role of the Missouri National Guard

As of 2022, The Missouri National Guard was composed of Army National Guard and Air National Guard units. According to the Missouri National Guard, their state mission was to “provide trained and disciplined forces for domestic emergencies or as otherwise required by state law under the authority of the governor,” and help “during floods, tornadoes, civil disturbances, winter storms, hurricane responses, and most recently, the COVID-19 pandemic.” The federal mission of the Missouri National Guard was to “maintain properly trained and equipped units for prompt mobilization for war, national emergency, or as otherwise directed by the president,” and “must always be ready for any mission from the president, including peacekeeping missions and overseas contingency operations.”

Other ballot measures relating to the National Guard

1. Texas Holding Office While in the National Guard, Proposition 1 (1926)
2. Texas Holding Office in the National Guard, Proposition 1 (1932)
3. Florida National Guard, Amendment 4 (1938)
4. Alabama National Guard, Amendment 10 (1948, November)
5. Alaska National Guard Facilities Bond, Proposition 13 (1978)
6. Maine Army National Guard Readiness Center Bond, Question 1 (2013)

Missouri ballot measure historical facts

See also: List of Missouri ballot measures and History of Initiative & Referendum in Missouri

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

Ballot initiative certification rates

See also: Ballot initiatives filed for the 2022 ballot

The following table shows the rate of certification for ballot initiatives in Missouri between 2010 and 2020:

Missouri statewide ballot initiatives filed and certified, 2010-2020
Year	Ballot initiatives filed	Certified
		#	%
2020	151	1	0.7
2018	373	6	1.6
2016	220	4	1.8
2014	65	1	1.5
2012	80	2	2.5
2010	23	3	13.0
Averages	152.0	2.8	3.5

Path to the ballot

Amending the Missouri Constitution

See also: Amending the Missouri Constitution

In Missouri, a simple majority vote was required in the Missouri State Legislature to place a constitutional amendment on the ballot in 2022. That amounted to a minimum of 82 votes in the Missouri House of Representatives and 18 votes in the Missouri State Senate, assuming no vacancies.

Amendment in the state Legislature

Rep. Adam Schnelting (R-104) introduced the constitutional amendment as House Joint Resolution 116 (HJR 116) on January 11, 2022. On April 6, 2022, the Missouri House of Representatives voted 126-2 to pass HJR 116. On May 5, 2022, the Senate voted 31-0 to pass the amendment. With approval in the House and Senate, the constitutional amendment was referred to the ballot for the election on November 8, 2022.

Vote in the Missouri House of Representatives April 6, 2022
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 79  a
	Yes	No	Not voting
Total	126	2	29
Total percent	80.25%	1.27%	18.47%
Democrat	34	2	14
Republican	92	0	15

Vote in the Missouri State Senate May 5, 2022
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 18  a
	Yes	No	Not voting
Total	32	0	2
Total percent	94.12%	0.00%	5.88%
Democrat	9	0	1
Republican	23	0	1

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
• War and peace 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

• Missouri House Joint Resolution 116 (2022)