MARIES COUNTY — On Nov. 3, Missouri voters will decide whether to place county sheriff elections and specified duties in the state Constitution and give the Missouri Attorney General exclusive …
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MARIES COUNTY — On Nov. 3, Missouri voters will decide whether to place county sheriff elections and specified duties in the state Constitution and give the Missouri Attorney General exclusive authority to initiate proceedings to remove covered sheriffs from office.
Amendment 8, referred to the ballot by the General Assembly, would require covered counties to elect a sheriff every four years. Sheriff elections are already required under state law. This proposal would give the office constitutional protection, making the provisions harder to change through future legislation.
The amendment would identify the sheriff as the county’s chief law enforcement officer and place specified responsibilities in the Constitution. Those include maintaining the peace, performing certain court duties and executing court orders. It would also address the sheriff’s authority to appoint employees and set compensation within available funding.
The proposal would not apply to St. Louis city, St. Louis County or St. Charles County.
A significant change concerns removal from office. Under current law, a county prosecutor or the state attorney general can initiate a quo warranto proceeding seeking a sheriff’s removal. Amendment 8 would reserve that authority solely for the attorney general for sheriffs covered by the amendment. A court would determine whether removal is warranted. The proposal would not give the attorney general authority to dismiss a sheriff unilaterally.
Supporters say constitutional recognition would protect locally elected law enforcement from future legislative efforts to eliminate the office.
Critics question removing local prosecutors’ independent authority to pursue a sheriff’s removal. Lawmakers have also raised concerns about placing existing statutory duties into the Constitution, where revisions would require voter approval.
What a yes vote means
A yes vote puts sheriff elections and certain duties into the Constitution. Only the Missouri Attorney General could start a court case to remove a covered sheriff; a court would decide.
What a no vote means
A no vote keeps current laws for sheriff elections, duties and removal. Both local prosecutors and the attorney general could continue seeking removal through court.
The official fiscal summary estimates no state or local government costs or savings. The amendment would not directly increase or decrease taxes.