Missouri voters to consider constitutional recognition of sheriffs under Amendment 8
Missouri voters will decide Nov. 3 whether to give the elected office of county sheriff greater protection under the State Constitution through Amendment 8.
Missouri already has elected county sheriffs, with state laws governing their qualifications, duties and removal from office. Amendment 8 would place certain provisions in the Missouri Constitution, preventing state lawmakers from changing them through ordinary legislation.
The proposal would also change who can initiate legal proceedings to remove a sheriff from office. Under current law, county prosecutors and the Missouri attorney general have roles in the removal process. Amendment 8 would require the attorney general to initiate the specified court proceeding, with a court determining whether removal is warranted.
Stone County Sheriff Doug Rader recently sat down with the Globe to discuss the proposed amendment and its potential impact on county law enforcement.
Rader said Amendment 8 would establish constitutional protections for the office of county sheriff while preserving the existing election process and responsibilities.
Sheriffs currently hold a statutory position that state lawmakers have the authority to change or eliminate. If Amendment 8 passes, the elected office of county sheriff would be protected under the Missouri Constitution, preventing lawmakers from eliminating the position through ordinary legislation,” Rader said.
Rader said sheriffs are directly accountable to the residents who elect them, unlike municipal police chiefs, who generally answer to city officials. County residents can elect a different sheriff every four years.
“When people ask me who my boss is, I tell them I have 32,000 of them,” Rader said.
The proposed amendment would not expand a sheriff's existing law enforcement authority, change the responsibilities of the office or alter the four-year election cycle.
Missouri law already establishes procedures for removing public officials from office. Chapter 106 of the Missouri Revised Statutes addresses grounds for removal, including willful violations or neglect of official duties. Existing law gives prosecuting attorneys and the Missouri attorney general roles in removal proceedings.
Amendment 8 would establish a constitutional requirement that an elected county sheriff be removed through a writ of quo warranto initiated by the Missouri attorney general, subject to an exception in the proposed constitutional language. Quo warranto is a legal proceeding used to challenge a person's right to hold public office. The attorney general would initiate the case, but a court would determine whether removal is warranted.
Rader said the attorney general already handles such proceedings in practice, although existing law gives county prosecutors a role. Under the amendment, responsibility for initiating the specified proceeding would rest with the attorney general. Sheriffs would remain subject to applicable criminal and civil laws.
The Missouri General Assembly referred Amendment 8 to voters through Senate Joint Resolution 87. The proposed constitutional provisions would not apply to St. Louis City, St. Louis County or St. Charles County.
The ballot states that state and local governmental entities estimate no costs or savings.
A yes vote would amend the Missouri Constitution to protect the existing requirement that county sheriffs be elected every four years, establish constitutional provisions concerning their duties and require a specific court procedure initiated by the Missouri attorney general for their removal.
A no vote would leave the Constitution unchanged. Existing state laws governing the election, duties and removal of county sheriffs would remain in effect unless changed by lawmakers.
Stone County Clerk Denise Dickens, the county's election authority, has made the Nov. 3 sample ballot available through the county clerk's website.
Polls will be open from 6 a.m. to 7 p.m. Tuesday, Nov. 3. No-excuse in-person absentee voting begins Oct. 20. For additional election information and to review the sample ballot, visit stonecountyclerk.com or http://www.sos.mo.gov.
The official Amendment 8 ballot question reads: “Shall the Missouri Constitution be amended to support law enforcement by preserving the right of citizens to elect a county sheriff, prohibiting the removal of a county sheriff except by a writ of quo warranto, and recognizing the office of sheriff as part of the administration of justice?”
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