Missouri Supreme Court orders new election on KCPD funding, ruling voters were misled

The Missouri Supreme Court on Tuesday tossed the results of a 2022 vote in which Missourians overwhelmingly approved a measure forcing Kansas City to pay more for its police.

The extraordinary decision found that Missouri voters were misled by statewide officials when they approved the measure, called Amendment 4. It calls for a new election to be held in November.

Judge Paul C. Wilson wrote in the opinion that the financial estimates on the ballot question that voters saw in 2022 failed to “concisely and accurately advise voters” of its impact on Kansas City.

“Worse, the fiscal note summary actually misled voters by suggesting Amendment No. 4 would have no fiscal impact when the fiscal note identified a sizeable one,” Wilson wrote.

Tuesday’s decision to toss the results of an election is unprecedented and marks a major victory for Kansas City Mayor Quinton Lucas, who sued over the ballot question last year.

“The Missouri Supreme Court sided with what is fair and just: the people of Kansas City’s voices should not be ignored in conversations about our own safety,” Lucas said on social media on Tuesday.

The amendment that is now void required Kansas City to increase the amount of general revenue it spends on its police department from 20% to 25%. More than 63% of Missouri voters approved the measure in November 2022.

The crux of Tuesday’s decision focused on the fiscal note summary that voters saw on the ballot, which said that “local governmental entities estimate no additional costs or savings related to this proposal.” The court found that this was misleading.

The state’s highest court ruled that because this financial information was the last thing that voters read before voting, it cast doubt on the results of the election. Wilson was joined by three other judges in his decision. Judges Ginger K. Gooch and Robin Ransom each dissented in two separate opinions.

Opinion SC99931 by The Kansas City Star on Scribd

Lucas, in his lawsuit against the results, argued that before the election, Kansas City officials had informed then-Auditor Nicole Galloway, a Democrat who did not run for re-election, and Republican Secretary of State Jay Ashcroft, who is running for governor, that the ballot measure would cost the city more than $38.7 million and force the city to cut spending on other services.

Despite repeated requests from the city, the ballot measure that was placed in front of voters — and overwhelmingly approved — stated that the city did not estimate any additional costs.

Ashcroft and Republican Auditor Scott Fitzpatrick, who was named as a defendant in the case after succeeding Galloway as auditor, argued in previous court filings that Lucas was using city resources to contest a policy he opposed and lacked legal standing to bring the challenge as a private Missouri voter.

The dispute illustrated the tumultuous relationship between Kansas City and Missouri officials over a push by Republicans in Jefferson City to assert more control over policing in the state’s two largest cities — Kansas City and St. Louis.

Kansas City, which is more diverse and progressive than the rest of the state, is the only city in Missouri that does not directly control its police force. The department is overseen by a five-member board of police commissioners. Four are appointed by the governor while Lucas fills the remaining spot.

Missouri Republicans quickly took to social media to attack Lucas after the decision came down on Tuesday.

“While @QuintonLucasKC went to Court to defund the police, I will never stop fighting to ensure the KC police are funded,” Ashcroft wrote on social media.

Missouri Attorney General Andrew Bailey, a Republican running for a full term, wrote that it was a “sad day when local leaders sprint to court to stab their law enforcement in the back.”

“@MayorLucasKC, you should be ashamed of yourself,” he said.

While viewed as a victory for Kansas City, Tuesday’s decision could also serve as a major ruling for statewide officials’ involvement in future ballot questions ahead of possible major statewide votes this year, including on abortion rights and sports betting.

“This is an extremely important decision for the integrity of the ballot process,” said Chuck Hatfield, a Jefferson City-based attorney who previously worked in the Missouri Attorney General’s Office. “Officials involved in the process — the Secretary of State and the Auditor — should take note that they must do their jobs fairly or the court will intervene, as it should.”

Lora McDonald, executive director of the Metro Organization for Racial and Economic Equity, or MORE2, said she believes the Supreme Court made the right decision.

“The whole question itself was misleading to Missouri voters,” she said. “I hope this gives us the opportunity to reduce the amount allocated to police.”

However, McDonald said she continued to disagree with Lucas’ decision to “unilaterally” file the lawsuit.

Last August, McDonald filed a lawsuit after seeking communications between Lucas and the city attorney about the funding lawsuit.

In its ruling, the Supreme Court said state statute “provides a citizen may challenge the ballot title or the fiscal note.”

At last week’s Board of Police Commissioners meeting, the members approved a $318 million police department budget for the next fiscal year. The department’s previous budget was $284 million. Much of the increase will go towards salary raises with officers starting at $65,000.

Gwen Grant, president and CEO of Urban League of Greater Kansas City, said she was ecstatic about the Supreme Court’s ruling “because the (ballot) language was an insurmountable obstacle.”

“This is a second chance for the electorate to get it right.”

Grant went on to say that Kansas City is one of the most violent cities in the country. Police do not prevent or intervene in crime, she said, and taxpayer money is better spent on addressing the root causes of violence as well as prevention efforts.

In 2021, Grant filed a lawsuit challenging the constitutionality of state control over the police department. That case is ongoing in Jackson County Circuit Court.