Missouri Supreme Court Voids 2022 Vote on Kansas City Police Funding, Orders New Election for November

KANSAS CITY, MISSOURI – Missouri Supreme Court made an unprecedented decision and struck down the 2022 ballot measure requiring Kansas City to allocate 25% of general funding to policing. The measure will now be on the upcoming ballot in November.

In 2022, Missouri voters elected to pass the ballot measure that would force an increase in police funding.

Before the issue made its way onto the ballots, Mayor Quinton Lucas sued the state, claiming that the law was unconstitutional and would cut into the city’s other budgets. The Missouri Constitution prohibits the state from requiring a city to increase an activity or service beyond what is mandated by law.

Missouri constitution Article X reads: 

“A new activity or service or an increase in the level of any activity or service beyond that required by existing law shall not be required by the general assembly or any state agency of counties or other political subdivisions, unless a state appropriation is made and disbursed to pay the county or other political subdivision for any increased costs.”

State legislatures used a backdoor tactic by passing a constitutional amendment that would provide an exception for Kansas City if voters approved the measure.

The measure–under Amendment 4–was also examined by local organization DecarcerateKC. In their op-ed to The Kansas City Defender, Decarceratehighlighted how far-right politicians–some of whom do not reside in Kansas City–sought further control of the local police department:

“The state’s decision to increase the budget could make the Kansas City Police Department, an institution that holds no accountability to the people, even less accountable.” wrote DecarcerateKC. “A long history of racism, discrimination, and violence by the Kansas City Police Department proves that they answer to the state and those in power, rather than the people.”

In 2023–after the measure was passed–Lucas filed a suit 2023 urging the Missouri Supreme Court to nullify it.

This past Tuesday, the Missouri Supreme Court decided to invalidate the measure citing a false fiscal note. A fiscal note typically outlines the expected costs or savings associated with a proposed legislation. The Missouri Supreme Court found that the fiscal note summary–which appears on the voting ballot–was incorrect. The fiscal note summary stated that “local governmental entities estimate no additional costs or savings related to this proposal.” But in Lucas’s 2022 lawsuit, city leaders communicated to state officials that the measure would cost an estimated $39 million. 

“…the only issue in this case is whether the auditor’s fiscal note summary – the very last thing each and every voter saw before voting “yes” or “no” on Amendment No. 4 – fairly and accurately summarized the auditor’s fiscal note …,” wrote State Supreme Court Judge Paul C. Wilson, “This Court concludes it did not and, therefore, orders a new election on this question to be conducted as part of the statewide general election on November 5, 2024.”

Kansas City is the only major city that does not have control over its local police department. The state board oversees the police department and that also includes the budget. The Missouri Supreme Court’s decision to invalidate the measure citing a false fiscal note has now led to a new election being ordered on this question to be conducted as part of the statewide general election on November 5, 2024. This ongoing legal battle highlights the complex interplay between state and local control of policing in Kansas City, Missouri.

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