Barnes v. Bailey

I respectfully dissent.

Mo. Const, art. Ill, § 51 provides: “When conflicting measures are approved at the same election the one having the largest affirmative vote shall prevail.” See also § 116.320.3 RSMo Cum.Supp.1984. With great foresight, our Constitution predicted a scenario similar to the one now before the Court in which conflicting amendments to the constitution each achieved a majority vote at the same election. When such an event took place, the people intended that only the amendment receiving the greatest number of affirmative votes prevail, despite the fact that both received a…