It’s not the first time the GOP-dominated legislature overturned voter-approved laws in recent years. But this time, the backlash could have long-lasting consequences.
In the short term, proponents of the paid sick leave law are eyeing a new initiative petition to reinstate the benefit in the state constitution, while abortion-rights supporters expect to raise millions to fend off a new ban.
But another coalition hopes to go even further.
Respect Missouri Voters, a bipartisan constellation of organizations, this month submitted 38 versions of a new initiative petition seeking to undermine the legislature’s ability to overturn voter-approved measures.
Most would require 80% of the legislature to agree before a law or constitutional amendment enacted by initiative petition could be revised or repealed. They also would prohibit the legislature from making the initiative and referendum process more difficult.
The group’s PAC reported $200,000 cash on hand on July 1, with another $170,000 in large donations since then. That includes $10,000 from former Republican U.S. Sen. John Danforth.
“This is our one shot,” said Benjamin Singer, CEO of one of the coalition’s members, Show Me Integrity. “If we don’t act now, they’ll succeed in silencing us forever.”
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Republicans have taken notice, with some pondering a preemptive strike to change the initiative petition process before any campaign gets off the ground. But others worry it may already be too late and wonder if the GOP overplayed its hand with its recent moves.
“The legislature doesn’t really seem to understand, they’ve kicked the hornet’s nest,” said James Harris, a veteran Republican consultant in Missouri. “We may be about to cross the rubicon… where the legislature loses a lot of its power.”
The showdown is decades in the making.
After Missourians approved a constitutional amendment to limit taxes in the 1980s, the Democratic-led legislature tried to make changes to the initiative petition process that were criticized at the time by GOP Gov. John Ashcroft as an attempt to silence voters. He ultimately vetoed the bill.
In 1999, Missouri voters rejected a ballot measure that would have allowed concealed carry of firearms. Despite the defeat, the legislature revisited the issue after Republicans took the majority and ultimately passed a concealed carry bill in 2003.
Voters passed a ballot measure in 2010 called the “Puppy Mill Cruelty and Prevention Act” that specified appropriate living conditions for breeding operations with at least 10 female breeding dogs. It also capped the number of animals that a business could use for breeding at 50.
Soon after, lawmakers passed a bill that peeled back key parts of the new law, including the cap on the number of breeding dogs.
The puppy mill vote inspired advocates to forgo changes to state law and instead put their focus on putting policy changes in the state constitution — making it much harder for lawmakers to make changes because it would require another statewide vote.
In subsequent years, voters approved constitutional amendments legalizing marijuana, expanding Medicaid eligibility, creating a nonpartisan redistricting plan and repealing a ban on abortion.
But the GOP supermajority wasn’t ready to quit without a fight.
Lawmakers refused to fund Medicaid expansion until the Missouri Supreme Court said they had no choice. They pushed through a ballot measure of their own, approved by voters, that repealed the nonpartisan redistricting plan.
Next year, voters will weigh in on an amendment passed by the legislature putting the state’s abortion ban back in place. The paid sick leave expansion was not a constitutional amendment, allowing lawmakers to repeal it without a new statewide vote.
“I don’t understand the legislature’s strategy at all,” said Sean Nicholson, a progressive strategist who has worked on numerous initiative petition campaigns in Missouri. “A very pro-Trump electorate spoke very clearly on abortion rights and paid sick leave in November. And now we head into a midterm, and we’ve seen in Missouri and other states that shenanigans from politicians become part of the story. The legislature has given voters plenty of motivation to double down on what they’ve already said.”
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Republicans, who held legislative super majorities as these progressive ballot measures have been approved by voters, have long complained that out-of-state money from anonymous sources have largely fueled these initiative petition campaigns.
They’ve vowed for years to make it harder to change the constitution through the initiative petition process, but the push always fizzled amidst GOP infighting or other legislative priorities.
The threat of an initiative petition that would weaken the legislature’s hand in the process has reignited calls for Republicans to take action quickly. The Missouri Freedom Caucus, a group of right-wing legislators who regularly quarrel with GOP leadership, is calling on Gov. Mike Kehoe to convene a special legislative session to change the initiative petition process.
“Missouri’s Constitution should not be up for sale to the highest left-wing bidder,” the group said in a statement last week. “Without immediate reform, left-wing activists will continue to use this loophole to force their unpopular agenda on Missouri citizens with a mere 51% of the vote.”
Whether Missourians will get another chance to vote on paid sick leave is still up in the air.
Missouri’s law allowed employees to earn one hour of paid sick time for every 30 hours worked, starting May 1. By the time it’s officially repealed, 17 weeks will have elapsed. That means someone working 40 hours a week could have earned 22 hours of paid sick leave.
If workers don’t use their paid sick leave before Aug. 28, there’s no legal guarantee they can do so afterward.
The sick leave expansion was a “job killer,” said Kara Corches, president and CEO of the Missouri Chamber of Commerce and Industry, adding that “one-size-fits-all mandates threaten growth.”
Richard Von Glahn, policy director of Missouri Jobs with Justice, which advocated for the paid sick leave ballot measure, noted 58% of voters approved the proposal. It was also upheld unanimously by the Missouri Supreme Court.
“Now workers may again face the reality of having no paid sick time to take care of their families without losing out on a check,” Von Glahn said shortly after the governor signed the paid sick leave repeal earlier this month. “This move by the Missouri legislature sets a dangerous precedent for democratic processes in our state.”
