Missouri Impeachment Process Amendment (2020)
| Missouri Impeachment Process Amendment | |
|---|---|
 | |
| Election date November 3, 2020 | |
| Topic State legislatures measures | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin State legislature |
The Missouri Impeachment Process Amendment was not on the ballot in Missouri as a legislatively referred constitutional amendment on November 3, 2020.
The ballot measure would have changed the criteria and process for impeaching executive officials, such as the governor; supreme court judges; courts of appeals judges; and circuit courts judges.[1]
As of 2019, the Missouri House of Representatives could impeach an official or judge for "crimes, misconduct, habitual drunkenness, willful neglect of duty, corruption in office, incompetency, or any offense involving moral turpitude or oppression in office." The ballot measure would have allowed the state House to impeach an official or judge for "corruption or crime in office."[1]
As of 2019, the Missouri Supreme Court was responsible for trying impeachments, unless the impeached official was the governor or supreme court justice; in that case, a commission of seven eminent jurists elected by the state Senate was responsible for trying impeachments. A five-sevenths vote of the court or jurists was required to convict an impeached official. The ballot measure would have made the state Senate responsible for trying impeachments, rather than the court or jurists. Conviction of a judge would have required a two-thirds vote of the Senate. Conviction of an executive official would have required a three-fourths vote of the Senate.[1]
Text of measure
Ballot title
The ballot title would have been as follows:[1]
| “ | Shall the Missouri Constitution be amended to provide that, beginning January 1, 2021, all impeachment trials are tried by the Senate; to establish a super-majority vote necessary to convict a judge or statewide elected official after impeachment, and to provide that such judges and officials shall be liable to impeachment for corruption and crime in office?[2] | ” |
Constitutional changes
- See also: Article VII, Missouri Constitution
The measure would have amended Sections 1 and 2 of Article VII of the Missouri Constitution.[1]
Path to the ballot
- See also: Amending the Missouri Constitution
In Missouri, a constitutional amendment requires a simple majority vote in each chamber of the Missouri State Legislature during one legislative session. That amounts to a minimum of 82 votes in the Missouri House of Representatives and 18 votes in the Missouri Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Sen. Ed Emery (R-31) introduced the constitutional amendment as Senate Joint Resolution 2 (SJR 2) on December 1, 2018.[1]
On March 28, 2019, the state Senate approved SJR 2, with 25 senators voting to approve the amendment, eight voting against the amendment, and one member not voting.[1]
SJR 2 did not receive a vote in the state House during the 2019 legislative session.
| Vote in the Missouri Senate | |||
| Requirement: Simple majority vote of all members in each chamber | |||
Number of yes votes required: 18  | |||
| Yes | No | Not voting | |
|---|---|---|---|
| Total | 25 | 8 | 1 |
| Total percent | 73.53% | 23.53% | 2.94% |
| Democrat | 3 | 7 | 0 |
| Republican | 22 | 1 | 1 |
See also
External links
Footnotes
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State of Missouri Jefferson City (capital) |
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