Missouri Amendment 8 (2026): What It Would Change for County Sheriffs
Missouri voters will decide Amendment 8 on November 3, 2026. The measure would place the election, four-year terms, core duties, staffing authority, and removal process for most county sheriffs in the Missouri Constitution.
County sheriffs are already elected under Missouri law. Amendment 8 would protect that system from ordinary legislative or county-charter changes. Its most immediate legal change concerns removal: Only the Missouri attorney general could initiate the court proceeding used to remove an elected sheriff.
Amendment 8 is one of several Missouri ballot measures appearing before voters in 2026.
Quick facts
Election: November 3, 2026
Ballot designation: Amendment 8
Proposal: Place sheriff elections, duties and removal rules in the Missouri Constitution
Removal provision: Allow removal only through a quo warranto proceeding initiated by the attorney general
Exceptions: St. Louis city, St. Louis County and St. Charles County
Fiscal estimate: No state or local costs or savings
What is Missouri Amendment 8?
Amendment 8 is a proposed amendment to Article VII of the Missouri Constitution. The General Assembly placed it on the ballot through SJR 87, sponsored by state Sen. Jill Carter.
The amendment would place the sheriff’s election, four-year term, core duties, staffing authority and removal process in the Constitution for most Missouri counties.
The official ballot title asks:
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?
State and local governmental entities estimate no costs or savings.
The Secretary of State’s fair ballot language says that 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.
How would Amendment 8 change current Missouri law?
Most of the amendment gives constitutional protection to a system Missouri already follows. The largest practical change is the new restriction on who may begin a removal case.
What would Missouri Amendment 8 do?
Require the election of most county sheriffs
Covered counties would elect a sheriff to a four-year term. Section 57.010 of Missouri law already requires that election and identifies the sheriff as the county’s chief law enforcement officer.
The difference is constitutional protection. The General Assembly can change a statute by passing a bill. If Amendment 8 is adopted, changing the new provision would require another statewide vote.
Place core duties in the Constitution
The amendment would require sheriffs to preserve the peace, respond to riots and other disturbances, apprehend and jail felons and traitors, attend court when directed, and execute court orders and civil process.
Most of these duties already appear in Sections 57.090, 57.100 and 57.110. The amendment includes an exception for court-process service where the sheriff’s office does not perform that function as of August 28, 2026.
Establish staffing authority
Sheriffs could hire deputies, assistants and other employees needed to perform their duties. Those employees would serve at the sheriff’s pleasure. Sheriffs could set compensation within the funds allocated by county government.
Change the removal process
A covered sheriff could be removed only through a writ of quo warranto initiated by the Missouri attorney general.
Current law allows a county prosecutor to file a removal complaint when evidence supports allegations of willful, corrupt, or fraudulent misconduct or neglect of duty. That process appears in Sections 106.220 and 106.230. Section 531.010 also allows the attorney general, a circuit attorney, or a county prosecutor to initiate quo warranto.
Under Amendment 8, local prosecutors could no longer begin a proceeding that removes a covered sheriff. The attorney general would decide whether to bring the required court case.
What is a writ of quo warranto?
Quo warranto is a civil court proceeding used to challenge a person’s legal authority to hold public office. The Latin term means “by what authority.”
The attorney general would file the case, present the legal grounds for removal and ask a court to act. A judge would decide the case. Amendment 8 would not allow the attorney general to fire a sheriff without court action.
The amendment would not prevent criminal investigation or prosecution. Voters could also replace a sheriff at the next regular election.
Which jurisdictions are excluded from Amendment 8?
The final legislation exempts:
- St. Louis city
- St. Louis County
- St. Charles County
The amendment identifies the jurisdictions through their form of government, population and location. The official Senate summary confirms the exemptions.
Amendment 8 would apply to Missouri’s other charter counties, including Clay, Jackson and Jefferson counties. They could not use charter authority to override the constitutional rules governing the sheriff’s election, duties, staff or removal.
How did the proposal develop?
State Sen. Jill Carter sponsored SJR 87, and State Rep. Bennie Cook handled it in the House. The General Assembly approved the measure and sent it directly to voters. A legislatively referred constitutional amendment does not require the governor’s signature.
Carter describes the proposal as a way to keep sheriffs accountable to county voters and protect the office from appointment or control by other political bodies. In a March 2026 Senate release, she said voters should know who is responsible for public safety and make the final decision at the ballot box.
Carter, Cook and others promoted a predecessor proposal in 2023. An official Senate advisory connected that version to disputes over COVID-era lockdowns, concealed-carry information and federal investigations.
The final 2026 text is narrower. It protects the office, defines duties and establishes a removal process. It grants no authority to oversee federal investigations or disregard state or federal law.
Amendment 8 pros and cons
Arguments in favor
Supporters want sheriffs chosen directly by county voters and protected from replacement with appointed officials. Constitutional status would also give the office greater independence from county executives, county legislative bodies and future changes in state law.
Supporters also contend that requiring the attorney general to initiate removal cases would protect sheriffs from local political disputes. Removal would require action by a statewide officer and a ruling from a court.
Questions raised
Missouri already elects sheriffs. Placing the system in the Constitution would make it harder to update as county government or law-enforcement practices change.
The removal provision would shift authority away from local prosecutors. A prosecutor with evidence against a sheriff would need the attorney general to initiate the case. The change may protect sheriffs from local political retaliation. It would also place the decision to begin every removal case with one statewide official.
The exemptions would create different constitutional rules across Missouri. St. Louis city, St. Louis County and St. Charles County would retain their current flexibility. Other charter counties would be bound by the new sheriff provisions.
Would Amendment 8 increase taxes or county spending?
The official fiscal estimate says Amendment 8 would create no state or local costs or savings. The text limits employee compensation to funds allocated for that purpose.
One county projected higher personnel expenses during the fiscal review. The State Auditor’s fiscal note excluded that estimate from the official summary. The Auditor found that the measure would not change the county commission’s authority over the sheriff’s budget and noted that similar staffing language already exists in state law.
What does a yes vote on Amendment 8 mean?
A yes vote would add the sheriff provisions to the Missouri Constitution. Most counties would be required to elect a sheriff every four years. Specified duties and staffing authority would become constitutional. A covered sheriff could be removed only through a quo warranto case initiated by the attorney general.
What does a no vote on Amendment 8 mean?
A no vote would leave the Missouri Constitution unchanged. Current statutes governing sheriff elections, duties, staffing and removal would remain in effect. The General Assembly could continue changing those laws through the regular legislative process.
Frequently asked questions
Are Missouri sheriffs currently elected?
Yes. Missouri law requires county voters to elect a sheriff every four years. Amendment 8 would place that requirement in the Constitution for covered counties.
Does Amendment 8 apply to Jackson County and Kansas City?
Yes. Jackson County is covered, including voters who live in the Kansas City portion of the county.
Does Amendment 8 apply to St. Louis?
No. St. Louis city and St. Louis County are excluded. St. Charles County is also exempt.
Could voters still replace a sheriff?
Yes. Sheriffs would serve four-year terms, and voters could elect another candidate. Quo warranto governs removal before the term ends.
Does Amendment 8 let sheriffs ignore state or federal law?
No. The amendment requires sheriffs to perform specified law-enforcement and court duties.
When is the election?
Missouri voters will decide Amendment 8 during the general election on Tuesday, November 3, 2026.
Primary sources
- Missouri Secretary of State: 2026 ballot measures
- Final text of CCS HCS SS SJR 87
- Missouri Senate bill information for SJR 87
- Missouri State Auditor fiscal note
- Section 57.010: Election and qualifications of sheriffs
- Sections 106.220 and 106.230: Forfeiture and removal complaints
- Section 531.010: Quo warranto proceedings