Missouri Supreme Court says language in 2022 ballot proposal misled voters
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KANSAS CITY, Mo. — The Missouri Supreme Court ruled that a 2022 ballot initiative that raised funds for the Kansas City Police Department’s from 20% to 25% of the city’s budget misled voters, allowing for a new and revised proposal to appear in the 2024 election ballot.
According to court records, Amendment No. 4 on the November 2022 general election ballot would increase approximately $38,743,646 and was approved by voters.
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However, Mayor Quinton Lucas filed a lawsuit against the state, specifically Missouri Secretary of State John R. Ashcroft and Missouri State Auditor Scott Fitzpatrick, saying the amendment’s “fiscal note summary printed on every ballot cast in that election materially misstated the fiscal for the measure.”
This means the estimated costs or savings of the amendment were not summarized accurately, making it misleading to voters.
A court document summarizing the proceedings said:
“This irregularity, which was the last thing voters read before voting, was of a sufficient magnitude to cast doubt on the election results, thereby requiring a new election.”
The budget for KCPD is overseen by the Board of Police Commissioners — a state agency of five members– not the City of Kansas City. According to court documents, the city has been obligated to fund the board whatever budget it requests with a maximum amount declared by law since 1958.
Until 2022, the city’s general revenue funding was capped at 20%. However, the documents say the city could and would often exceed funding of that amount.
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Mayor Lucas said that the case is not about the adequacy of KCPD’s funding or the fairness of the auditor’s fiscal note. He said it was simply the inaccuracy of the fiscal note that he believes impacted the election’s results because it was the last thing voters saw.
According to court documents, the original ballot for Amendment No. 4 in the 2022 election read:
“Shall the Missouri Constitution be amended to authorize laws, passed before December 31, 2025, that increase minimum funding[2] for a police force established by a state board of police commissioners to ensure such police force has additional resources to serve its communities?
State and local governmental entities estimate no additional costs or savings related to this proposal.”
In a post on X, FOX4 Jefferson City bureau reporter Emily Manley said Mayor Lucas’s lawsuit said the fiscal note and amendment would burden taxpayers with additional costs, even though the fiscal note said there wouldn’t be.
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After the election results, Mayor Lucas sued the secretary of state and state auditor in a “timely” manner, according to the contest documents.
On Tuesday, the Court concluded that the fiscal note summary did, in fact, mislead voters and created doubt about the 2022 election’s fairness and the accuracy of its results. As a result, the court ordered a new election in 2024, claiming that it is “the only remedy authorized by statute for such circumstances.”
The Missouri General Election will take place on November 5. The last day to register to vote is October 4.
