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Missouri public education ballot campaign abandons effort for 2026 election, blames court fight

A rally in the Missouri Capitol Rotunda calls for better funding for Missouri's public schools Feb. 10, 2026.
Annelise Hanshaw
/
Missouri Independent
A rally in the Missouri Capitol Rotunda calls for better funding for Missouri's public schools Feb. 10, 2026.

The constitutional amendment would establish that access to public education is a "fundamental right." But organizers say the controversy over the Missouri Secretary of State's ballot language, which a judge ruled was unfair and had to be rewritten, delayed signature collection.

An initiative petition campaign seeking to enshrine a “fundamental right” to public education in the Missouri Constitution is abandoning its efforts to get on the November ballot, promising a return in 2028.

The Missouri Right to Education campaign had only collected around 35,000 signatures — one fifth of the minimum required for constitutional amendments — with little more than a month before signatures were due to the secretary of state.

“It took a lot longer to build the coalition that we needed,” Spencer Toder, the organization’s director, told The Independent. “Honestly, in large part because of the lawsuit with the Secretary of State.”

The campaign has been embroiled in a legal battle over ballot language since August after Secretary of State Denny Hoskins wrote a ballot summary describing the proposed amendment as an affront to “existing state scholarship programs that provide direct aid to students with disabilities and low-income families.”

This summary, which a Cole County judge ruled unfair and ordered Hoskins to rewrite twice, slowed down the campaign, Toder said.

“It is hard to build a coalition when language is lying,” he said. “People don’t want to put their name on something that says it could take scholarships away from socioeconomically disadvantaged families and disabled children.”

Garnering support won’t be as hard in 2028, Toder said, so he will try again in two years. When he launched the campaign in July, he “started at zero.” Now, the campaign has a growing number of supporters, like the Missouri National Education Association, which confirmed to The Independent that it will provide “substantial support” for a 2028 attempt.

“There are a bunch of other coalition members that couldn’t get on board because of the language,” Toder said. “We’re confident that, coming out firing next time through, we’ll definitely get there.”

He is working on creating a nonprofit to inform voters about education policy and hold listening sessions statewide.

“We hope to engage people throughout the state, and that’s going to begin immediately,” he said.

 Spencer Toder, a Democrat running for Missouri’s open U.S. Senate seat, speaks with residents at the Black Wall Street 314 Festival in Wellston Loop in St. Louis on June 25, 2022.
Tessa Weinberg
/
Missouri Independent
Spencer Toder, during his 2022 run for U.S. Senate in Missouri, speaks with residents at the Black Wall Street 314 Festival in Wellston Loop in St. Louis.

He doesn’t see this year’s efforts as a failure, citing a growing list of volunteers prepared to gather signatures in the future and the campaign’s victory in court.

In January, the Western District Court of Appeals ruled against a parent who attempted to intervene in the ballot-language case. The decision limited private parties’ ability to intervene in ballot-title cases only to challenges, barring them from bringing legal counsel in to support the state.

This judgment was cited by Columbia Public Schools’ attorneys in February, arguing against the Missouri Charter Public Schools Association’s attempt to intervene in the district’s case against the state. The district won its argument, though it is unknown if the case precedent was a determining factor in that decision.

“I would hate for people to think that this was a failure when it was anything but,” Toder said. “We accomplished an amazing amount in the time that we had, with the resources that we had and the team that we had. It has set an incredible foundation.”

For this November, Missouri Right to Education has turned its focus to the Respect Missouri Voters petition, which is proposing a constitutional amendment that would enshrine protections for initiative petitions. According to the campaign’s latest newsletter, its organizers have gathered 217,000 signatures but are still thousands below its goal.

“Getting Respect Missouri Voters across the finish line became our number one priority,” Toder said. “If we can’t have ballot initiatives in the future, then this is all for naught anyway.”

This story was originally published by the Missouri Independent.

Annelise Hanshaw covers education for the Missouri Independent — a beat she has held on both the East and West Coast prior to joining the Missouri Independent staff. A born-and-raised Missourian, she is proud to be back in her home state.
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