What happens when a state legislator quits in Missouri? I got this question from one of our viewers, so congratulations to you, you are the first to make it on video. I need a good segment name for this. Drop some ideas in the comments, please.
Missouri currently has two vacancies in the State House of Representatives. District 160, which includes Neosho, was held by Representative Ben Baker before he was appointed to a position with the Trump administration. District 95 in South St. Louis County was held by representative Michael O'Donnell, who took a position with the Missouri Secretary of State's office.
Missouri's State Constitution gives the Governor the power to call elections for vacancies in the state legislature. It's the Governor's responsibility. It doesn't say much more than that.
Missouri law gives a little bit more detail. It says that the Governor shall act "without delay" to call a special election. Interestingly, "without delay" isn't without controversy.
For example, just recently, House District 78 in St. Louis City went without a representative for more than 600 days. Over a decade ago, Missouri's Governor faced a lawsuit over a delay in calling an election. He eventually called that special election so we didn't end up with a court precedent.
Legislators have sought to change the law, like proposing to delete the words "without delay" and placing a specific time limit. Apparently, you can't trust a lot of politicians. Who knew?
With the current language of Missouri law and no cases interpreting it, governors have delayed elections for political reasons, or just because making sure Missourians are represented in their government wasn't all that important to them.
State legislators play a very important role in our state government. Not only do they propose and change laws, they also hold local informational meetings, conduct investigations, and are supposed to be one of the most direct ways for Missourians to get services from their government. That's why we have so many of them.
When there is a vacancy in a legislative office, folks who live in the area aren't represented in our government. Literally. So for now, when Missourians lose their voice in their legislature, whether they get it back, will be up to how much the Governor cares.
If this is something that you care about and you live in Oakville or Neosho and would like to be represented in your government, I can't tell you to call your representative, but you can call the Governor and ask him to call a special election today. The number is 573-751-3222.
Elad Gross is a civil rights, constitutional law, and government transparency attorney in Missouri. Connect with Elad at EladGross.org
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