Kansas City Mayor Lucas told KCMO Talk Radio on Thursday morning that, basically, the city is going to ignore the petitions submitted with 4,500 signatures to the city clerk requiring a public city-wide vote on the financing of a downtown ballpark.
Let’s say this is an April election. What happens in the initial petition process is not that the City Council just sits around and twiddles its thumbs, right? We can pass ordinances just like broadly the public can through an initiative petition process. All of these words I’m saying is, no, this will not thwart development of Kansas City Royals stadium.
We’ve actually thought about all of this. We’re going to get the necessary deals done expeditiously to make sure that the Royals can be prepared to open the stadium by opening day of 2030. That requires, I think, dirt moving really by the end of this year at least on the demolition process or very early in 2027. And if you’re looking at it, it takes about 30 days to the election authorities anyway to get the election certified. So, you know, this is not a threat to that.
He made similar comments to The Beacon. It seemed weird to me that, once a petition has been validated, a legislative body like the council could just rush through all sorts of things before the vote, and then tell petitioners, “Hey, sorry. You’re too late.” I’m not alone in thinking this; Dave Helling wrote something similar on the Kansas City Stack.
And, if one cares about the Missouri Supreme Court, the court thinks similar conduct at the state level is weird, too. The Supreme Court didn’t just find it weird—it found it unconstitutional!
In February 2015, the court ruled in Earth Island Inst. v. Union Elec. Co. that the state legislature cannot tweak things to effectively eviscerate a pending vote. They wrote:
The only issue is whether the legislature may negate in advance an initiative petition that has been approved for circulation but prior to the time it is adopted by the people at an election. It may not. If a proposed initiative is adopted by the people at an election, then a statute enacted by the legislature during the interim between the initiative’s approval for circulation and its passage is impliedly repealed to the extent of any conflict between the two measures.
It would seem that if such a petition can repeal “a statute enacted by the legislature during the interim between the initiative’s approval for circulation and its passage,” then won’t it repeal a contract or financial agreement enacted by a city council in the same circumstance?
That same decision cited an earlier 1922 Missouri Supreme Court case, State ex rel. Drain v. Becker:
There, while the proposed referendum was pending but before it had been voted on by the people, the legislature purported to repeal the legislation that was the subject of the referendum and to enact a new statute that retained the essential terms of the former legislation. It then argued that this new statute could take effect, regardless of what the people voted on the matter referred, because it was later adopted and was not itself subject to the referendum.
This Court properly rejected this attempt at an end run around the referendum. It held that, once the right of referendum has been invoked, the legislature “is divested of all power in regard to the matter referred until the action of the people has been exercised by a vote upon same.”
That last sentence is the kicker. The court has held that, pending a vote of the people, the legislative body is powerless on that particular matter. So yes, Mayor Lucas, the council may be twiddling its thumbs while the petition process plays out.
The real impact of the petition, however, may not be on the council. I can easily imagine an attorney for a builder, lender, or investor advising their client to steer clear of the project until the petition matter is resolved either by a vote of the people or by months or years of litigation. What company wants to find itself attached to a financing package that voters may yet reject? And the city would be foolish to sign contracts that it may not be able to live up to because of the results of a vote.
It would not surprise me if, despite his dismissive language now, Lucas and the current council vote to put the petition on the ballot themselves, arguing that any delay will just add to the cost of the project. They’ll count on the Royals and their supporters to fund another political campaign. The question then becomes: Are John Sherman and the Royals ownership willing to risk another election defeat?
