SPONSOR: Henderson
COMMITTEE ACTION: Voted "Do Pass with HCS" by the Standing Committee on Elections and Elected Officials by a vote of 9 to 4.
The following is a summary of the House Committee Substitute for HJR 79.
Upon voter approval, this proposed Constitutional amendment would require an amendment to the state Constitution to achieve a two- thirds supermajority vote for passage. Amendments will take effect 30 days after the election if approved.
The resolution specifies that the Constitutional phrase "legal voter" is defined as an individual who is a citizen of the United States, a resident of Missouri, and who is properly registered to vote.
The resolution also requires petition signatures to place a measure on the ballot as a Constitutional amendment to be collected in each Congressional district using a percentage requirement of 10%. Laws may be placed on the ballot using a percentage requirement of 5%.
The resolution contains ballot language submitted to the voters under Chapter 116, RSMo.
The resolution has a delayed effective date of January 1, 2023.
This bill is similar to HJR 20 (2021).
The following is a summary of the public testimony from the committee hearing. The testimony was based on the introduced version of the bill.
PROPONENTS: Supporters say that the bill will provide a higher standard for constitutional amendments than for ordinary laws. This type of supermajority requirement is common for constitutional provisions and found in the constitution of the United States and many other states. Missouri's current constitution has been amended approximately 60 times since 1945 and is over 200 pages long. Only 18 states have constitutional initiative petition processes and most of those require supermajority votes.
Testifying for the bill were Representative Henderson and Opportunity Solutions Project.
OPPONENTS: Those who oppose the bill say that collecting signatures is very expensive and the resolution may inhibit grassroots movements from participation in the democratic process. Missouri's basic constitutions were all adopted at conventions by simple majority vote. The Constitution of 1945 was approved by the voters with a simple majority vote and this method has always been used in Missouri. Increasing the vote requirement formally means that votes do not count equally in that a "no" vote would be equivalent to two "yes" votes assuming a 2/3 requirement.
The initiative process has been in place longer than women's suffrage and is an important part of allowing democratic votes in favor of women's rights.
Testifying against the bill were Erin Gray; Susan Gibson; Angie Dunlap, League of Women Voters of Metro St. Louis; David James Mitchell; Elizabeth Franklin; Linda Kram; Margaret Rowe; Randee Steffen; William C. Rowe; Alice Barber; Arnie C. Dienoff; Barbara Ross; Ben Senturia; United For Missouri; Cheryl S Barnes; Missouri Health Care For All; Clair Laughlin; Collins F Chetwin; Cynthia Erb; Denise D. Lieberman, Missouri Voter Protection Coalition; Denise Haskamp; Donald Clarke, Telecom Foresight Consulting, LLC; Donna Hoch; Gregory Woodhams; Missouri AFL-CIO; James Janes; James Pesek; James R Turner; Jeff Briggs; Jeff Holzem; Jennifer Bernstein, National Council of Jewish Women-St. Louis; Joan Gentry; Joel Achtenberg; Kara Bomo; Kate Hoerchler; Linda M. Green; Lori Staub; Lyn Elliot; Advocates of Planned Parenthood of The St. Louis Region and Southwest Mo; Pro Choice Missouri; Margie Richcreek; Melissa Vatterott, Missouri Coalition for the Environment; Renie Lauter; Sarah Starnes; Scott Mckellar; Sharon Schneeberger; Shelley Swoyer; Sherry L. Buchanan; Shirley Murphy; Stephen W. Skrainka; League of Women Voters of Missouri; Scott Randolph; Anne Calvert Bettis; Missouri Budget Project; Missouri National Education Association; Jobs With Justice Voter Action; Allyn Harris Dault; and Stephanie Clarke.
OTHERS: Others testifying on the bill say voter turnout should be considered. In some elections voter turnout is very low and a very small percentage of legal voters could amend the constitution. The cost of placing an issue on the ballot is approximately $3 million. The resolution does not modify the constitutional convention process which could be implemented by majority vote. The governor is authorized to place the resolution on the ballot at a special election.
Testifying on the bill was Trish Vincent, Missouri Secretary Of State. Written testimony has been submitted for this bill. The full written testimony can be found under Testimony on the bill page on the House website.
Statutes affected: