When Missouri adopted its first constitution in 1820, the office of sheriff was explicitly established and required sheriffs to be elected by voters.  This constitutional status was maintained for the first 125 years of Missouri statehood. The 1945 Missouri Constitution removed the sheriff as a constitutional officer, transitioning the office to one established and regulated primarily through state statutes.

Current Missouri statutes require county voters to elect a sheriff every four years. Amendment 8 would place that requirement back in the Constitution for every county except St. Louis county, St. Charles County and the city of St. Louis. 

St. Charles county is exempted because they have a charter form of government with the St. Charles County Police Department doing day to day law enforcement work for unincorporated St. Charles County.  The St. Charles county sheriff would still serve the court as in all other counties. 

A yes vote would require covered counties to elect sheriffs every four years, place current statutory duties in the Constitution, and limit removal to a quo warranto proceeding initiated by the attorney general.  A no vote leaves the sheriffs’ laws unchanged in statute.

“Amendment 8 takes the language of the current statute and puts that language into the Missouri Constitution protecting the office of sheriff from being abolished or severely limited legislatively.  Amendment 8 does not give the Sheriff any additional power or authority than the sheriff already has -— it simply protects the office of sheriff, so your sheriff, that you elected, can continue to stand in the gap, and protecting their citizens’ constitutional rights. The original job of sheriff was patterned after the US Marshals and put in our first state constitution.  Amendment 8 restores the constitutional protection,”  Matt Oller, Audrain County Sheriff and President of the Missouri Sheriffs association said.

Former Arizona Sheriff Richard Mack sued the federal government and won, proving the federal government can not force federal policies on local law enforcement.  Mack supports constitutional sheriffs.  Mack said, “Traditional police departments are run with bureaucratic structures led by chiefs who are hired by city councils.  While county Sheriffs derive their authority directly from the people they serve. This distinction underscores the importance of local control and accountability in law enforcement.”

Amendment 8 removes the risk of local political revenge being used to try to remove a sheriff.

The amendment limits the circumstances under which a sheriff can be removed from office, providing that removal can only occur through a writ of quo warranto (a legal proceeding used to challenge an official’s right to hold office) initiated by the Missouri attorney general.  A8 would not allow the attorney general to fire a sheriff without court action.

Opponents of A8 say it removes some local control because the State Attorney General is required to intervene when accusations of fraud or corruption are made against a sheriff. 

The amendment would not prevent a criminal investigation or prosecution.

“When citizens elect their sheriff, they know exactly who is responsible for public safety. And if that sheriff fails to lead with integrity, competence and courage, the people can remove them at the ballot box,” Senator Jill Carter said. “That is how a constitutional republic is supposed to work.”  Carter is the sponsor of SJR87, the bill that created Amendment 8.

Amendment 8 was voted to be placed on the ballot by your Missouri state representatives and senators.

On November 3,  Vote Yes on Amendment 8