Missouri Senate Democrats made good on their promise to filibuster a proposal that would make it more difficult to amend the state constitution.
Democrats staged an all-night talk-a-thon that started on Monday afternoon and continued Tuesday morning. The filibuster began just days before the legislature is slated to adjourn for the year. It鈥檚 unclear whether the GOP-controlled legislature will be able to finish work on changes to the initiative petition process.
Sen. Mary Elizabeth Coleman鈥檚 resolution would require any constitutional amendment to be approved in five out of eight congressional districts. Currently, only a simple majority is required.
Coleman鈥檚 resolution passed out of the Senate earlier this year. But the House added other items, including a ban on noncitizens voting on constitutional amendments.
Democrats in the Senate have said for weeks they would filibuster Coleman鈥檚 resolution unless those other provisions, which they have derided as ballot candy, are taken out. They contend those provisions are aimed at confusing voters into thinking they鈥檙e voting for something else 鈥� and have noted that it鈥檚 already illegal for noncitizens to vote in Missouri.
鈥淵ou and I both have had conversations where someone said: 鈥楬ey, could you just take one piece of ballot candy? You can pick it, just take one,鈥欌�� said Senate Minority Leader John Rizzo, D-Independence, during a discussion with Democratic Sen. Lauren Arthur. 鈥淚鈥檓 like, 鈥楴o, I'm not deceiving the voters just a little bit.鈥欌��
Some of the Senate鈥檚 more conservative members have said they won鈥檛 accept any version of Coleman鈥檚 resolution without the other provisions. And Coleman, R-Arnold, said on Monday that she wanted to pass the House鈥檚 version of what Republicans have called IP reform.
鈥淭he proposal that was moved out of this body back in January was done to keep the process moving,鈥� Coleman said. 鈥淲e are now at the end of the session. And it is my fervent hope that we're able to pass the version as returned by the House out of this chamber.鈥�
At this point, the only likely route of passing a version of Coleman鈥檚 resolution with other provisions would be to use what鈥檚 known as the "previous question" 鈥� a rare maneuver that cuts off debate on a bill. Republicans have generally been skittish to use the previous question, since it often prompts Democrats to grind Senate business to a halt. And it鈥檚 not clear if there are 18 GOP senators who would be willing to vote to end the Democratic filibuster.
Arthur, D-Kansas City, said using the previous question to dislodge Coleman鈥檚 resolution could have consequences that stretch beyond the 2024 session.
鈥淚t is my hope that senators kind of keep a clear head about this issue in the grand context of everything else,鈥� Arthur said.
Abortion ballot item looms large
Missouri Republicans have sought to raise the bar to pass constitutional amendments for years, contending that it鈥檚 too easy for well-funded groups to go around the legislature to win approval of measures that the GOP-controlled General Assembly won鈥檛 pass.
In the past few election cycles, Missourians have backed constitutional amendments to expand Medicaid, enact campaign donation limits and legalize marijuana for adult use. Even though he didn鈥檛 vote for Coleman鈥檚 resolution, House Majority Leader Jon Patterson said he agrees philosophically that the constitution should be harder to change.
鈥淚 think we've seen in the past 10 years, special interests come in and get what they want using the IP process,鈥� said Patterson, R-Lee鈥檚 Summit. 鈥淎nd I think when you have the constitution, which is our founding documents, it should be harder to change than a simple majority. It should reflect consensus and compromise.鈥�
One of the reasons why Republicans are pushing the so-called ballot candy is because voters in other states, like Arkansas and Ohio, have rejected efforts to raise the bar to amend the state constitution.
鈥淭he problem with IP reform, and what makes it hard to sell, is that it can鈥檛 be narrowed down to a two- or three-second sound bite,鈥� said state Rep. Chad Perkins, R-Bowling Green. 鈥淚t's not the Second Amendment or the right to life. You have to explain it. And if you have to take a minute or two to explain something, it just is much harder to get that across the finish line.鈥�
Some Republicans have ramped up the pressure to pass the constitutional threshold boost because of a potential ballot initiative to legalize abortion in Missouri. Those GOP lawmakers have wanted voters to decide on initiative petition changes in August 鈥� and, if passed, increase the threshold to approve the abortion legalization measure.
But Democrats have pointed out that such a plan could backfire. They鈥檝e said if Coleman鈥檚 resolution passes in August, there鈥檚 likely to be a lawsuit to make sure November ballot initiatives would need only a majority to pass 鈥� and not require passage in five congressional districts.
鈥淟et's say that voters approve it, there's no guarantee that that means that there's going to be a higher threshold applied to the abortion measure in November,鈥� Arthur said.
Rizzo noted that if the threshold boost passes in August and the abortion legalization initiative only needs a majority to pass, it could effectively make abortion legal in Missouri for the foreseeable future since repealing it would then require a higher threshold than a simple majority.
This year鈥檚 session ends at 6 p.m. Friday.
