Election: Nov. 3, 2026 (General)
Outcome: Pending
Categories:
Criminal JusticeSJR 87 would amend the state constitution to require the election of county sheriffs to four-year terms in most counties, with the exception of St. Louis, St. Louis County, and St. Charles County.
The amendment would define sheriffs as the chief law enforcement officers in those counties and assign them constitutional responsibilities, including preserving the peace, suppressing riots and disturbances, apprehending and jailing felons and traitors, attending circuit court proceedings, carrying out court orders and other legal processes, and hiring deputies and employees.
The amendment would also limit the circumstances under which a sheriff could be removed from office, while providing that a sheriff could only be removed through a writ of quo warranto (a legal proceeding used to challenge an official's right to hold office) initiated by the attorney general.
In Missouri, most sheriffs are already elected; however, this amendment would enshrine the requirement to elect sheriffs in the constitution.
Be it resolved by the House of Representatives, the Senate concurring therein:
That at the next general election to be held in the state of Missouri, on Tuesday next following the first Monday in November, 2026, or at a special election to be called by the governor for that purpose, there is hereby submitted to the qualified voters of this state, for adoption or rejection, the following amendment to Article VII of the Constitution of the state of Missouri:
Section A. Article VII, Constitution of Missouri, is amended by adopting one new section, to be known as Section 15, to read as follows:
Section 15.
1. Except as provided in subsection 2 of this section, each county shall elect a sheriff for a term of four years by a majority of the qualified voters of the county voting thereon at the time of voting designated for such office provided by law as of the effective date of this section and every four years thereafter.
2. The provisions of this section shall not apply to:
(1) Any city not within a county;
(2) Any county with a charter form of government adjacent to a city not within a county; or
(3) Any county with a charter form of government which has a population greater than four hundred thousand inhabitants and that is adjacent to a county with a population greater than nine hundred thousand inhabitants.
3. Except as provided in subsection 2 of this section, the elected sheriff shall be the chief law enforcement officer in his or her county. Notwithstanding Article VI, Section 18(a) or any other article of the Missouri Constitution to the contrary, every sheriff, except as provided in subsection 2 of this section, in addition to duties as set in law, shall quell and suppress assaults, batteries, riots, routs, affrays, and insurrections and shall:
(1) Apprehend and commit to jail all felons and traitors;
(2) Attend each division of the circuit court presided over by a circuit or associate circuit court judge held in his or her county, when so directed by the court; and
(3) Execute process, including writs of replevin, attachments, and final process issued by circuit and associate circuit court judges, unless the sheriff of the county does not perform such duties as of August 28, 2026.
4. Except as provided in subsection 2 of this section, every sheriff is a conservator of the peace within his or her county and shall cause all offenders against law to appear at the next term of the circuit or associate court of the county, and to be committed to jail in case of failure to give the recognizance.
5. Except as provided in subsection 2 of this section, the sheriff shall hire and appoint such deputies, assistants, and other employees as the sheriff deems necessary for the proper discharge of the duties of his or her office, who shall hold office at the will and pleasure of the sheriff and may set their compensation within the limits of the allocations made for that purpose.
6. Except as provided in subsection 2 of this section, an elected county sheriff shall not be removed from office except by writ of quo warranto initiated by the attorney general.
Section B. Pursuant to chapter 116, and other applicable constitutional provisions and laws of this state allowing the general assembly to adopt ballot language for the submission of this joint resolution to the voters of this state, the official summary statement of this resolution shall be as follows:
"Shall the Missouri Constitution be amended to support law enforcement by preserving the right of citizens to elect a county sheriff, prohibiting the removal of a county sheriff except by a writ of quo warranto, and recognizing the office of sheriff as part of the administration of justice?".