Amendment 7 - Voting Restrictions

On November 5, 2024, Missouri voters will be asked to consider Amendment 7, a constitutional amendment addressing two major electoral policies: establishing citizenship as a requirement for voting and banning ranked-choice voting (RCV) in the state.

About this series…

This is Article #6 in a series covering the NINE constitutional amendments and propositions that will be included on our November ballot. These articles are published throughout October and are designed to help explain each ballot measure (beyond the short language we normally see). I will NOT be offering opinions on candidates for office – you're on your own for that ;-)

My website and email list present the "newest" articles first, so this series will likely appear to you in reverse order. If you want to start from the beginning – start with Article #1 and follow the links to read the articles in order.

Read Article #1

Amendment 7: Citizenship Requirement and Ranked-Choice Voting Prohibition

On November 5, 2024, Missouri voters will be asked to consider Amendment 7, a constitutional amendment that would require U.S. citizenship to vote and prohibit ranked-choice voting (RCV). The amendment, introduced by the Missouri State Legislature, aims to update voting regulations regarding who can vote and how elections are conducted across the state.

What Would Amendment 7 Do?

Amendment 7 proposes to amend the Missouri Constitution in two primary ways:

1. Citizenship Requirement for Voting: The amendment would explicitly state that only U.S. citizens can vote in Missouri elections. While current state and federal law already prohibits non-citizens from voting, this amendment would make it a constitutional mandate.
2. Prohibition of Ranked-Choice Voting (RCV): The amendment would ban RCV, a voting system where voters rank candidates by preference. Missouri would be limited to traditional plurality voting, where each voter selects one candidate, and the candidate with the most votes wins. The amendment also disallows top-two or top-four primaries, which some states use to advance multiple candidates to the general election regardless of party affiliation.

What is Ranked-Choice Voting?

Ranked-choice voting allows voters to rank candidates in order of preference. If no candidate receives a majority of first-choice votes, the candidate with the fewest votes is eliminated, and their votes are redistributed to the remaining candidates based on voters’ next preferences. This process repeats until a candidate wins with a majority. Proponents say RCV encourages more civil campaigns and provides voters with more options, while opponents argue that it complicates the voting process and can lead to longer counting periods.

Official Ballot Language

Shall the Missouri Constitution be amended to:

• Make the Constitution consistent with state law by only allowing citizens of the United States to vote;
• Prohibit the ranking of candidates by limiting voters to a single vote per candidate or issue; and
• Require the plurality winner of a political party primary to be the single candidate at a general election?

State and local governmental entities estimate no costs or savings.

Constitutional Changes

The following changes would be made to the Missouri Constitution if Amendment 7 is approved. The underlined text would be added, and any struck-through text would be removed from the constitution:

Section 2.

All Only citizens of the United States, including occupants of soldiers' and sailors' homes, over the age of eighteen who are residents of this state and of the political subdivision in which they offer to vote are entitled to vote at all elections by the people, if the election is one for which registration is required if they are registered within the time prescribed by law, or if the election is one for which registration is not required, if they have been residents of the political subdivision in which they offer to vote for thirty days next preceding the election for which they offer to vote: Provided however, no person who has a guardian of his or her estate or person by reason of mental incapacity, appointed by a court of competent jurisdiction and no person who is involuntarily confined in a mental institution pursuant to an adjudication of a court of competent jurisdiction shall be entitled to vote, and persons convicted of felony, or crime connected with the exercise of the right of suffrage may be excluded by law from voting.

Section 3.

1. All elections by the people shall be by paper ballot or by any mechanical method prescribed by law.
2. Voters shall have only a single vote for each issue on which such voter is eligible to vote. Voters shall have the same number of votes for an office as the number of open seats to be elected to such office at that election. Under no circumstance shall a voter be permitted to cast a ballot in a manner that results in the ranking of candidates for a particular office. Notwithstanding any provision of this subsection to the contrary, this subsection shall not apply to any nonpartisan municipal election held in a city that had an ordinance in effect as of November 5, 2024, that permits voters to cast more than a single vote for each issue or candidate on which such voter is eligible to vote.
3. All election officers shall be sworn or affirmed not to disclose how any voter voted; provided, that in cases of contested elections, grand jury investigations and in the trial of all civil or criminal cases in which the violation of any law relating to elections, including nominating elections, is under investigation or at issue, such officers may be required to testify and the ballots cast may be opened, examined, counted, and received as evidence.

Section 24.

1. The person receiving the greatest number of votes at a primary election as a party candidate for an office shall be the only candidate for that party for the office at the general election. The name of such candidate shall be placed on the official ballot at the general election unless removed or replaced as provided by law.
2. The person receiving the greatest number of votes at the general election shall be declared the winner.
3. Notwithstanding any provision of this section to the contrary, this section shall not apply to any nonpartisan municipal election held in a city that had an ordinance in effect as of November 5, 2024, that requires a preliminary election at which more than one candidate advances to a subsequent election.

Citizenship Requirement for Voting

Missouri state law already prohibits non-citizens from voting in all federal, state, and local elections. According to Missouri Revised Statutes, Section 115.133, only U.S. citizens who meet the residency and age requirements are eligible to vote. This statute aligns with federal law, which prohibits non-citizen voting in federal elections.

The proposed Missouri Amendment 7 would enshrine this restriction in the state constitution, making it even more explicit by stating that only U.S. citizens are allowed to vote in all elections.

St. Louis City's Approval Voting System and the Impact of Amendment 7

St. Louis City currently uses approval voting for certain city elections, which allows voters to vote for as many candidates as they approve of, with the top two advancing to a runoff election. This system differs from ranked-choice voting (RCV), but Amendment 7 could impact St. Louis’s elections if passed. While the amendment explicitly bans ranked-choice voting, the prohibition on "ranking" candidates could be interpreted to restrict other alternative voting methods, such as approval voting, by imposing limits on how voters cast their ballots.

Approval voting was introduced in St. Louis in 2020 through Proposition D, which received strong support from voters. The system allows for more voter choice by letting individuals vote for multiple candidates without ranking them. However, if Amendment 7 passes, its language mandating a single vote per candidate could eliminate the approval voting system.

Arguments For and Against the Amendment

Supporters' Views: Supporters, such as Lt. Gov. Mike Kehoe, argue that Amendment 7 would secure elections by ensuring that only U.S. citizens can vote, reinforcing election integrity. Ken Cuccinelli, National Chairman of the Election Transparency Initiative, emphasized that "Only U.S. citizens should decide the outcome of U.S. elections."

Opponents' Views: Opponents argue that the amendment is unnecessary because non-citizen voting is already illegal in federal and state elections. They claim it removes local control by preventing municipalities from adopting alternative voting systems, like ranked-choice voting. Benjamin D. Singer, CEO of Show Me Integrity, called the measure “deceptive,” as it claims to address a non-existent problem while taking away voter choice.

Broader Context and National Trends

Amendment 7 is part of a broader national debate about voting rights and electoral systems. Ranked-choice voting is used statewide in Alaska and Maine, as well as in local elections in 14 other states. At the same time, 10 states have enacted laws prohibiting ranked-choice voting altogether. Similar citizenship requirements for voting have been passed in six states since 2018, and in 2024, eight more states, including Missouri, will vote on measures addressing citizenship requirements for voting.

Conclusion

Missouri voters will need to consider two key issues in Amendment 7: reinforcing citizenship as a requirement for voting and prohibiting ranked-choice voting. While supporters argue these changes will protect the integrity of elections, opponents view them as restrictive and unnecessary, especially in the case of banning ranked-choice voting. As always, voters should carefully weigh the arguments on both sides and consider the long-term implications of such constitutional changes.

Where to Find More Information

To learn more about Missouri Constitutional Amendment 7, including detailed analysis, ballot language, and perspectives from both supporters and opponents, you can visit the following resources:

• KSMU - Missouri Amendment 7: Everything You Need to Know About Ranked-Choice Voting
• KSMU - Behind the Ranked-Choice Voting and Citizenship Ballot Question
• KRPS - Missouri Judge Upholds Ballot Language to Ban Noncitizen Voting
• Kansas City Star - Editorial on Missouri Amendment 7
• STLPR - St. Louis Voter Guide 2024
• Ballotpedia - Missouri Amendment 7, Require Citizenship to Vote and Prohibit Ranked-Choice Voting Amendment (2024)
• Ballotpedia - Ranked-Choice Voting (RCV)
• Rock The Vote - Ranked Choice Voting: An Explainer