Amendment 8 would put sheriffs in the Missouri Constitution; Democrats say be wary

COLUMBIA, Mo. (KMIZ)

Missouri Amendment 8 would place rules for county sheriffs in the state Constitution, including how sheriffs are elected, what duties they perform, how they staff their offices and how they can be removed.

Missouri voters will decide whether to approve the amendment on Nov. 3. Most counties already elect sheriffs to four-year terms under state law. Amendment 8 would put that requirement in the Constitution, making it harder to change through legislation.

The amendment would also identify the sheriff as the county’s chief law enforcement officer and list duties such as suppressing disturbances, arresting and jailing felons, attending court when directed and carrying out court orders. Many of those duties are already in state law.

Amendment 8 would authorize sheriffs to hire and appoint deputies, assistants and other employees they consider necessary. Those employees would serve at the sheriff’s discretion, and the sheriff could set their compensation. Current state laws already address sheriff staffing, but the rules vary.

The amendment would also change how an elected sheriff could be removed from office. If approved, a sheriff could be removed only through a quo warranto case initiated by the attorney general. A quo warranto case is a court proceeding that can challenge an official’s right to hold office.

Under current law, a person can submit an affidavit alleging certain official misconduct to a prosecuting attorney. The prosecuting attorney can then decide whether to file a removal complaint in circuit court. Amendment 8 would require the attorney general to initiate the quo warranto process for a sheriff’s removal.

The amendment would not apply to St. Louis City, St. Louis County or St. Charles County. State and local government entities estimate it would have no cost or savings and would not change taxes.

No political action committees have formed either for or against the amendment. The joint resolution to get the question on the ballot was sponsored by state Sen. Jill Carter, a southwest Missouri Republican. It passed the Senate by a 24-9 vote, with Sen. Stephen Webber (D-Columbia) casting one of the dissenting votes.

The Missouri Democratic Party has called the measure a vote on a "weirdo legal theory" and an attack on local rights, encouraging a "no" vote.