This November, Missouri voters will decide the fate of Amendment 6, an initiative petition proposal to change Missouri’s laws around those very citizen-led law changes.
After reviewing the amendment’s language and its implications, I am voting no, and I want to explain exactly why before voters head to the polls.
I believe the constitutional changes proposed in Amendment 6 would begin to permanently erode the foundation of our republic. Passage would handcuff the Legislature’s ability to fix the unvetted and convoluted laws pushed by special interest groups from outside the state, prohibit any future changes to the initiative petition process, give the courts even more authority over ballot language and more.
Missouri’s initiative petition process lets voters go around the state Legislature to pass laws. A group drafts a proposal, gathers the required signatures and puts the proposal before voters statewide. Voters then decide whether it becomes law in one up-or-down vote.
There are no hearings, no edits or revisions, no conversations or debate and no corrections or amendments. Other groups don’t get an opportunity to have their voices heard to express concerns and there is no debate among elected representatives of the people. There is one vote based on a 100-word description, a TV commercial or mailer that never tells the whole story.
This is a huge downfall of the initiative process because initiatives are usually written by special interest groups.
Most initiatives passed in the last few decades have been those backed by large special interests who have the funds to pay for signatures to be gathered. This is not how IP process is supposed to function. It is supposed to be about letting the people’s voice be heard, not large out-of-state groups changing Missouri’s constitution and statutes to their liking.
Amendment 6 raises an important question: Who gets to write Missouri’s laws and who can fix the unintended consequences of those laws later?
Amendment 6 ballot language says it would “Prohibit the legislature from changing or repealing laws enacted through the initiative process, or passing laws similar to those rejected by referendum…” Making adjustments to these laws would be virtually impossible if Amendment 6 passes. Whether the change needed was substantial, a small technical change, an emergency or even just outdated over time, elected lawmakers could not make the necessary adjustments.
The only way to make changes would be to first pass it through the Legislature with an 80% majority in the House and Senate, then bring it back to a vote of the people. Practically speaking, this is just not likely to happen due to that extremely high threshold. This provision in Amendment 6 would apply retroactively to any passed IP proposal going back to January 1, 2010.
One of the foundational ideas of both the federal and state governments is a system of checks and balances. The founding fathers wanted to prevent corruption. I believe Amendment 6 removes checks and balances from a process already showing signs of crooked influence. It eliminates any authority to reverse, repair or repeal laws pushed through by unelected dark money groups.
Amendment 6 would also grant courts constitutional power to immediately rewrite ballot summaries, including fiscal summaries, through litigation. There is a specific example in this very IP proposal. Judges — not elected officials— would be responsible for interpreting vague terms like “weaken” and “similar in effect” to determine when, if ever, the Legislature is allowed to act.
Finally, by locking in the simple statewide-majority requirement and barring any future changes to the initiative petition process, Amendment 6 would lock in the urban voter’s control of constitutional changes in Missouri. Many of us want this process to require at least some support across rural districts. Barring a mass exodus from larger population areas, there would be no path for rural communities to gain a meaningful voice in the process.
When asked what type of government they created, Ben Franklin responded, “A republic, if you can keep it.” I encourage every Missourian to do what is necessary to preserve our republic and vote no this November.
Please visit www.SenatorJoeNicola.com for more information.

Senator Joe Nicola serves the citizens of SD 11 in northeastern Jackson County in the Missouri Senate.
Discover more from The Missouri Times
Subscribe to get the latest posts sent to your email.


