Amendment 8: Election and Removal of County Sheriffs

The law today

The office of sheriff is outlined in state law rather than the Constitution; state statute requires counties to elect a sheriff to a four-year term and governs the sheriff's duties and removal, and those statutes stay in effect on a "no" vote (Fair Ballot Language). Under current law, a county prosecutor or the attorney general can initiate a quo warranto action seeking a sheriff's removal; Amendment 8 would reserve that authority to the attorney general. The amendment would not apply to St. Louis City, St. Louis County or St. Charles County.[1][8][10]

Official fiscal estimate

Official ballot statement: State and local governmental entities estimate no costs or savings. The Fair Ballot Language adds that, if passed, the measure will not increase or decrease taxes.[1]

Arguments made for

• Sen. Jill Carter (R-Granby), the sponsor: “At its core, this bill is about one simple but powerful idea: accountability to the people. Sheriffs in Missouri should be chosen by and held accountable to the voters of their county — not appointed, insulated or controlled by political bodies.”[4]
• Sen. Jill Carter (R-Granby), the sponsor: "We're not giving them any more power, any more authority than they currently statutorily have."[8]

Arguments made against

• Vicky Wors, Democratic candidate for Missouri Senate District 26, on her campaign site: “The most consequential part of Amendment 8 concerns how a sheriff could be removed from office. Under current Missouri law, county prosecutors have authority to pursue the removal of certain local officials for willful or fraudulent misconduct, corruption, or neglect of duty. Amendment 8 would take that authority away from local prosecutors and require any effort to remove a sheriff to begin through a court proceeding initiated exclusively by the Missouri attorney general.”[5]
• Boone County Sheriff Dwayne Carey: "I think a sheriff can be removed at a local level." He said a county judge, elected by the same constituents as the sheriff, should have the authority to remove a sheriff who acts illegally or unethically.[10]

On record in support

• State Sen. Jill Carter (R-Granby), sponsor of the joint resolution.[4][8]
• State Rep. Bennie Cook (R-Houston), who handled the resolution in the House.[8]
• Osage County Sheriff Michael Bonham, who said Missouri should enshrine the sheriff's authority as more than 30 states do.[8]

On record in opposition

• Missouri Democratic Party, which urged a "no" vote.[9]
• Boone County Sheriff Dwayne Carey.[10]
• Vicky Wors, Democratic candidate for Missouri Senate District 26.[5]
• State Rep. Bryant Wolfin (R-Ste. Genevieve), who voted against the resolution in the House, saying it did not go far enough to empower "constitutional sheriffs."[8]