Laws governing the initiative process in Missouri
Laws and procedures
Citizens of Missouri may initiate legislation as either a state statute or a constitutional amendment. In Missouri, citizens also have the power to repeal legislation via veto referendum. The Missouri General Assembly may also place measures on the ballot as legislatively referred constitutional amendments or legislatively referred state statutes with a majority vote.
Crafting an initiative
Of the 24 states that allow citizens to initiate legislation through the petition process, several states have adopted restrictions and regulations that limit the scope and content of proposed initiatives. These regulations may include laws that mandate that initiatives address only one topic, restrict the range of acceptable topics for proposed laws, prohibit unfunded mandates and establish guidelines for adjudicating contradictory measures.
Single-subject rule
- See also: Single-subject rule
Missouri has a single-subject rule for all ballot measures. In addition, the rule limits the number of sections of the constitution an amendment may revise. It states: "Petitions for constitutional amendments shall not contain more than one amended and revised article of this constitution, or one new article which shall not contain more than one subject and matters properly connected therewith."
See law: Missouri Constitution, Article III, Section 50
Subject restrictions
- See also: Subject restrictions (ballot measures)
No measure may be used for an unconstitutional purpose. Initiatives in Missouri must also specify a funding source sufficient to cover any expenditures they mandate.
See law: Missouri Constitution, Article III, Section 51
Veto referendums on emergency legislation
In Missouri, veto referendums cannot be used on emergency legislation.
See law: Missouri Constitution, Article III, Section 52(a) and Missouri Revised Statute Title I, Section 1.130
Competing initiatives
Missouri law provides that in the event that two conflicting state statute measures are approved, the measure with the most affirmative votes supersedes the other. Likewise, in the case of two conflicting amendments that are both approved by a majority of voters, the measure with the most affirmative votes supersedes the other. This provision is not applied to the scenario of a constitutional amendment competing with a proposed state statute.
See law: Missouri Constitution, Article III, Section 51 and Missouri Revised Statutes, Title IX, Chapter 116, Section 116.320
Starting a petition
Each initiative and referendum state employs a different procedure for filing petition applications. Some states require preliminary signatures while others do not. In addition, several states review each proposed statute, verifying that the law conforms to the style and conventions of state law and recommending alterations to initiative proponents. Some of these states also review the law for more substantive considerations of content and consistency. Also, many states conduct a review of the ballot title and summary, and several states employ a fiscal review process which analyzes proposed laws to determine their impact on state finances.[1][2][3]
Applying to petition
- See also: Approved for circulation
Prior to collecting signatures, proponents must file a draft of the petition form, including the text of the amendment or statute, with the secretary of state. They must also designate one person to receive official notices regarding the measure. The secretary of state then forwards the petition to the attorney general for review and the state auditor for a fiscal analysis.
A 2020 circuit court ruling and 2022 state supreme court ruling overturned state law requiring veto referendum petitioners to wait to collect signatures until after approval of the petition by the secretary of state, which means the ruling allowed veto referendum petitioners to begin collecting signatures immediately without waiting for a certified ballot title and petition. The ruling did not apply to ballot initiative petitions.
See law: Missouri Revised Statutes, Title IX, Chapter 116, Section 116.180 and Section 116.332
Proposal review/approval
- See also: Approved for circulation
Once the attorney general has received the draft petition forms, he reviews the form of the petition and, along with his acceptance or rejection, sends comments on the petition to the secretary of state. The secretary then makes the final decision as to the approval or rejection of the petition in light of the attorney general's opinion.
See law: Missouri Revised Statutes, Title IX, Chapter 116, Section 116.332
Petition summary
- See also: Starting a petition
Once a measure receives final approval, the secretary of state drafts a summary of the measure consisting of not more than 100 words and sends it to the attorney general for approval as to its fairness and accuracy. The fiscal note must also be approved for the official ballot title to be certified, allowing the signature petition to be circulated. In Missouri, the "ballot title" consists of the summary followed by the fiscal note summary. The title must be affixed to the petition.
- A number of official ballot titles can be found here.
See law: Missouri Revised Statutes, Title IX, Chapter 116, Section 116.180 and Section 116.334
Fiscal review
- See also: Fiscal impact statement
Once the State Auditor has received the petition, he or she prepares a fiscal note and a fiscal note summary of less than 50 words. The attorney general reviews the fiscal note and summary for fairness and legal content then either approves or rejects them. Once approved, the fiscal note summary is included on petitions.
- Note: On March 1, 2012, the Missouri Circuit Judge Jon Beetem ruled that the state's fiscal review process for ballot measures violates the Missouri Constitution. The state constitution requires that, "No duty shall be imposed on [the state auditor] by law which is not related to the supervising and auditing of the receipt and expenditure of public funds." Since evaluating proposed measures concerns potential impacts, Beetem ruled that the task falls outside the auditor's supervisory role. In addition, he ordered the statement to be removed from the ballot title in question. A similar ruling in 1996 found that the Joint Committee on Legislative Research could not evaluate proposed initiatives.[4][5]
- On July 31, 2012, after multiple appeals, the Missouri Supreme Court ruled that the state auditor does have the constitutional right to prepare the financial summaries of proposed citizen-initiated measures.
See law: Missouri Revised Statutes, Title IX, Chapter 116, Section 116.175
Petition form
General requirements
Missouri law requires:
“ |
Initiative and referendum petitions filed under the provisions of this chapter shall consist of pages of a uniform size. Each page, excluding the text of the measure, shall be no larger than eight and one-half by fourteen inches. Each page of an initiative petition shall be attached to or shall contain a full and correct text of the proposed measure. Each page of a referendum petition shall be attached to or shall contain a full and correct text of the measure on which the referendum is sought. 2. The full and correct text of all initiative and referendum petition measures shall: (1) Contain all matter which is to be deleted included in its proper place enclosed in brackets and all new matter shown underlined; (2) Include all sections of existing law or of the constitution which would be repealed by the measure;[6] |
” |
The "ballot title" for the proposed initiative, which consists of the ballot summary and fiscal note must also be attached to each petition sheet.
Enacting clause of laws
Moreover, the "enacting clause" of a proposed initiated constitutional amendment must read: “Be it resolved by the people of the state of Missouri that the Constitution be amended:” ...
And the "enacting clause of a proposed initiated state statute must read: “Be it enacted by the people of the state of Missouri:”
Template for petition forms
The final form circulated to collect signatures must be in substantial conformity with state law. The basic form to be followed can be found in Missouri Revised Statutes Section 116.040 for initiatives and Section Section 116.030 for referendums.
County listed on each page
Each page of the petition sheet must contain the name of the county from which signatures were collected. Signatures from voters who reside in a different county than the one listed at the top of the page will be thrown out.
See law: Missouri Revised Statutes, Title IX, Chapter 116, Section 116.30.1 - 116.60.1 and Section 116.334
Collecting signatures
Each initiative and referendum state employs a unique method of calculating the state's signature requirements. Some states mandate a certain fraction of registered voters while others base their calculation on those who actually voted in a preceding election. In addition, many states employ a distribution requirement, dictating where in the state these signatures must be collected. Beyond these overarching requirements, many states regulate the manner in which signatures may be collected and the timeline for collecting them.
Number required
- See also: Missouri signature requirements
In Missouri, the signature requirement totals for initiatives are based on the number of votes cast for governor in the state's most recent gubernatorial election. In two-thirds of Missouri's congressional districts, proponents must collect signatures equal to 5 percent of the gubernatorial vote for initiated state statutes and veto referendums and 8 percent of the gubernatorial vote for initiated constitutional amendments. Therefore, the total number of signatures required is less than 5 percent or 8 percent of the total votes cast for governor.
2022-2024
To get initiatives on the 2022 and 2024 general election ballots, the minimum number of signatures required is 171,592 for initiated constitutional amendments and 107,246 for initiated state statutes and veto referendums. These numbers were calculated through looking at voting totals in the six smallest congressional districts. If other districts are targeted for signature collection, the requirements will be higher.[7]
Congressional district | 2020 gubernatorial vote | Rank | Req. for statutes and referendums | Req. for amendments |
---|---|---|---|---|
1st | 320,388 | 8 | 16,020 | 25,632 |
2nd | 451,233 | 1 | 22,562 | 36,099 |
3rd | 416,231 | 2 | 20,812 | 33,299 |
4th | 368,104 | 5 | 18,406 | 29,449 |
5th | 355,720 | 6 | 17,786 | 28,458 |
6th | 390,227 | 3 | 19,512 | 31,219 |
7th | 375,158 | 4 | 18,758 | 30,013 |
8th | 335,262 | 7 | 16,764 | 26,821 |
2018-2020
To get initiatives on the 2018 and 2020 general election ballots, the minimum number of signatures required was 160,199 for initiated constitutional amendments and 100,126 for initiated state statutes and veto referendums. These numbers were calculated through looking at voting totals in the six smallest congressional districts. If other districts were targeted for signature collection, the requirements were higher.[7]
Congressional district | 2016 gubernatorial vote | Rank (among districts) | Req. for Statutes and Veto ref. | Req. for Amendments |
---|---|---|---|---|
1st | 319,649 | 7 | 15,983 | 25,572 |
2nd | 422,866 | 1 | 21,144 | 33,830 |
3rd | 379,936 | 2 | 18,997 | 30,395 |
4th | 338,786 | 5 | 16,940 | 27,103 |
5th | 326,951 | 6 | 16,348 | 26,157 |
6th | 357,579 | 3 | 17,879 | 28,607 |
7th | 343,171 | 4 | 17,159 | 27,454 |
8th | 316,324 | 8 | 15,817 | 25,306 |
2014-2016
To get initiatives on the 2014 and 2016 general election ballots, the minimum number of signatures required was 157,788 for initiated constitutional amendments and 98,618 for initiated state statutes and veto referendums. These numbers were calculated through looking at voting totals in the six smallest congressional districts. If other districts were targeted for signature collection, the requirements were higher.[7]
Congressional district | 2012 gubernatorial vote | Rank (among districts) | Req. for Statutes and Veto ref. | Req. for Amendments |
---|---|---|---|---|
1st | 345,026 | 3 | 17,252 | 27,603 |
2nd | 404,209 | 1 | 20,211 | 32,337 |
3rd | 351,362 | 2 | 17,569 | 28,109 |
4th | 325,375 | 6 | 16,269 | 26,030 |
5th | 334,068 | 5 | 16,704 | 26,726 |
6th | 338,577 | 4 | 16,929 | 27,087 |
7th | 324,291 | 7 | 16,215 | 25,944 |
8th | 304,975 | 8 | 15,249 | 24,398 |
2010-2012
To get initiatives on the 2010 and 2012 general election ballots, the minimum number of signatures required was 159,359 for initiated constitutional amendments and 99,600 for initiated state statutes and veto referendums. These numbers were calculated through looking at voting totals in the six smallest congressional districts. If other districts were targeted for signature collection, the requirements were higher.[7]
Congressional district | 2008 gubernatorial vote | Rank (among districts) | Req. for Statutes and Veto ref. | Req. for Amendments |
---|---|---|---|---|
1st | 301,597 | 8 | 15,080 | 24,128 |
2nd | 382,957 | 1 | 19,148 | 30,637 |
3rd | 312,172 | 5 | 15,609 | 24,974 |
4th | 306,260 | 7 | 15,313 | 24,501 |
5th | 311,686 | 6 | 15,585 | 24,935 |
6th | 330,826 | 2 | 16,542 | 26,467 |
7th | 325,991 | 4 | 16,300 | 26,080 |
8th | 278,604 | 9 | 13,931 | 22,289 |
9th | 328,315 | 3 | 16,416 | 26,266 |
2006-2008
To get initiatives on the 2006 and 2008 general election ballots, the minimum number of signatures required was 150,496 for initiated constitutional amendments and 94,060 for initiated state statutes and veto referendums. These numbers were calculated through looking at voting totals in the six smallest congressional districts. If other districts were targeted for signature collection, the requirements were higher.[7]
Congressional district | 2004 gubernatorial vote | Rank (among districts) | Req. for Statutes and Veto ref. | Req. for Amendments |
---|---|---|---|---|
1st | ||||
2nd | ||||
3rd | ||||
4th | ||||
5th | ||||
6th | ||||
7th | ||||
8th | ||||
9th |
See law: Missouri Constitution, Article III, Section 50 & 53
Distribution requirements
- See also: Distribution requirements
Missouri's distribution requirement, unlike that found in most states, affects the total number of signatures required to qualify for the ballot. Petitioners in Missouri must collect the required signatures from at least two-thirds of the state's congressional districts. As there are eight congressional districts, sufficient signatures must be collected from six of them. Petitioners are free to select which congressional districts they will focus on for the purpose of collecting signatures.
See law: Missouri Constitution, Article III, Section 50 and 53
Restrictions on signers
Registered voters
All those who sign the petition must be registered voters of the state of Missouri.
Counties
Each page of the petition sheet must contain the name of the county from which signatures were collected. Signatures from voters who reside in a different county than the one listed at the top of the page will be thrown out.
See law: Missouri Revised Statutes, Title IX, Chapter 116, Section 116.60.1
Restrictions on circulators
Circulator requirements
- See also: Petition circulator
In Missouri there are no laws regarding whether circulators are permitted to sign the petition that they are circulating. Each initiative petition contains a mandatory circulator affidavit. Circulators are required to sign these affidavits before a public notary and must swear to and sign a statement, under the penalty of law, that they personally witnessed every act of signing the petition.[8] Those circulating petitions are required to be at least 18 years of age and registered with the secretary of state, including paid or volunteer status.[9] Once circulation is completed, the signatures are submitted to the secretary of state and all pages must be submitted at one time. The signature pages must be in order and numbered sequentially by county, except in counties that include multiple congressional districts, the signatures may be ordered and numbered using an alternate numbering scheme approved in writing by the secretary of state prior to submission of the petition.[10]
The following statutes are effective as of November 4, 2014:
- Petition circulators must swear under the penalty of perjury that all statements made by them are true, that he or she has never been convicted of, found guilty of, or pleaded guilty to any action regarding forgery.
- Petition circulators must swear under the penalty of perjury that they are at least 18 years old.
- Petition circulators must acknowledge whether or not they are being paid to circulate the petitions and by whom.
- Petition circulators must be registered with the secretary of state's office by the last day on which petitions can be filed with the secretary of state.
- Any person who has been convicted of, found guilty of, or pleaded guilty to an act involving forgery cannot qualify as a petition circulator.
See law: Missouri Revised Statutes - 116.040, Missouri Revised Statutes - 116.080, Missouri Revised Statutes - 116.100 and Missouri HB 117
Pay-per-signature
- See also: Pay-per-signature
Missouri allows paying signature gatherers based on the number of signatures collected.[11]
See law: Missouri Constitution, Article III, Sections 49-53 & Missouri Revised Statutes, Title IX, Chapter 116
Out-of-state circulators
Missouri does not require that petition circulators reside in the state.[12]
See law: Missouri Revised Statutes, Title IX, Chapter 116, Section 116.080
Badge requirements
- See also: Badge requirements
Missouri does not employ a badge requirement. However, all circulators must register with the state and disclose to the state whether they are paid or volunteer.
See law: Missouri Revised Statutes, Title IX, Chapter 116, Section 116.040 and Section 116.080
Electronic signatures
- See also: Electronic petition signatures
Since electronic signatures are an emerging technology, the constitutionality of bans on e-signatures and the legality of e-signatures in states without bans is largely untested. Missouri law does mandate that signatures be collected in person.
See law: Missouri Revised Statutes, Title IX, Chapter 116, Section 116.030
Deadlines for collection
In Missouri, petitioners may begin collecting signatures once the official ballot title has been certified. Initiatives can be filed with state officials to request an official ballot title immediately after a general election. Signatures must be filed with the secretary of state six months prior to the next biennial election, leaving a maximum of 18 months to circulate petitions.
See law: Missouri Constitution, Article III, Sections 50 and Missouri Revised Statutes, Title IX, Chapter 116, Section 116.334
Getting on the ballot
Once signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. States generally employ a random sample process or a full verification of signatures. After verification, the issue must be prepared for the ballot. This often involves preparing a fiscal review and ballot summary.
Signature verification
- See also: Signature certification
Once the signatures have been filed with the secretary of state, the secretary copies the petition sheets and transmits them to county election authorities for verification. The secretary may choose whether the signatures are to be verified by random sample or actual verification.
If the random sample method is chosen, 5 percent of the signatures are selected at random for verification. If, projecting from the sample, between 90 percent and 110 percent of the required signatures are valid, the remaining signatures must be individually verified. If the random sample results in an projection of above 110 percent of the required valid signatures, the petition is deemed sufficient. If the projection is below the petition is declared insufficient.
See law: Missouri Revised Statutes, Title IX, Chapter 116, Section 116.120 ; Section 116.130 and Section 116.150
Suspension of law targeted by referendum
- See also: Veto referendum
If a referendum petition is certified as sufficient, the law targeted by the referendum petition is suspended until after the election on the law is held.
Article III, Section 52(b), of the Missouri Constitution says the following: "Any measure referred to the people shall take effect when approved by a majority of the votes cast thereon, and not otherwise."
Moreover, Missouri case law explicitly applies this provision to measures referred to the ballot through veto referendum petitions and clarifies that successful referendum petitions suspend the relevant bill. The Missouri Supreme Court ruling in State v. Toberman, for example, uses Section 52(b) to make arguments about a referendum petition.
See law: Missouri Constitution, Article III, Section 52(b) and State v. Toberman
Ballot title and summary
- See also: Ballot title
In Missouri, the ballot title, which includes the ballot summary and fiscal note, are prepared by the secretary of state, state auditor and attorney general prior to signature collection. Once a measure has been certified, the secretary of state drafts "fair ballot language" explaining the meaning of a "yes" or a "no" vote. This language must be approved by the attorney general for fairness and legal content. While it does not appear on the ballot, the language is posted at polling sites.
Measures are also assigned a generic name (e.g. Proposition A, Constitutional Amendment No. 1...).
- An example of a sample ballot can be found here.
- Examples of ballot titles and fair ballot language for several measures can be found here.
See law: Missouri Revised Statutes, Title IX, Chapter 116, Section 116.025 ; Section 116.180 ; Section 116.210 ; Section 116.22 and Section 116.334
The election and beyond
Ballot measures face additional challenges beyond qualifying for the ballot and receiving a majority of the vote. Several states require ballot measures to get more than a simple majority. While some states mandate a three-fifths supermajority, other states set the margin differently. In addition, ballot measures may face legal challenges or modifications by legislators. If a ballot measure does fail, some states limit how soon that initiative can be re-attempted.
Supermajority requirements
- See also: Supermajority requirements
Ballot measures do not require a supermajority for passage in Missouri.
See law: Missouri Constitution, Article III, Section 51
Effective date
Missouri initiatives take effect as soon as they are approved by voters.
See law: Missouri Constitution, Article III, Section 52(b)
Litigation
- See also: Ballot measure lawsuit news
Any citizen may challenge a ballot title or a decision regarding the sufficiency of petition signatures. Such challenges should be brought in the Cole County Circuit Court. Any court-ordered changes to ballot titles must be paid for by the state.
See law: Missouri Revised Statutes, Title IX, Chapter 116, Section 116.190 ; Section 116.195 and Section 116.200
Legislative alteration
- See also: Legislative alteration
The Missouri State Legislature may repeal or amend any statute approved by voters. To repeal or alter an amendment, they must follow the ordinary legislative referral process. In order to place an amendment on the ballot, lawmakers in each chamber must pass the resolution with a majority vote. The amendment is then presented to voters.
See law: Missouri Constitution, Article III, Section 52(b) and Article XII, Section 2(a)
Preemptive legislative alteration
In 2008, state legislators preemptively created exemptions to Proposition C, a citizen initiative that required increased renewable energy and prevented energy rates from increasing by more than 1 percent annually. Once the initiative was proposed, but before it was put before voters and approved, the legislature passed a law that exempted certain energy companies according to its own, different standards and tacked on a clause that protected the exemptions from the imminent Proposition C by saying, “notwithstanding any other provision of law.” On February 10, 2015, however, the Missouri Supreme Court ruled that such alteration is unacceptable. Judge Laura Denvir Stith, writing for the Missouri Supreme Court majority, rejected the legislature's tactic and insisted that the simple disclaimer could not be used to “preclude the people by initiative from adopting a law in conflict with the statute.” She continued, “Such unilateral, preemptive action by the Legislature serves as an end run around the constitutionally protected right of the people of Missouri to enact legislation by ballot initiative." The final conclusion is, lawmakers have to wait until an initiative is voted on before trying to mess with it.[13][14]
Judge Zel Fischer, however, gave the dissenting opinion that the people’s initiative power should fall under the legislatures power, not supersede it. He said, “In my view, the People by adopting a provision for initiative legislation simply reserved to themselves a share of legislative power, but they did not intend to establish a trump card over the republican form of the government."[13]
Re-attempting an initiative
Missouri does not limit how soon an initiative can be re-attempted.[15]
See law: Missouri Constitution, Article III, Sections 49-53 and Missouri Revised Statutes, Title IX, Chapter 116
Funding an initiative campaign
The notable features of Missouri's campaign finance law includes:
- Missouri has two designations for groups in support of or opposition to a ballot measure. Most are called Continuing Committees, while groups in support of or opposition to judicial selection ballot measures are Campaign Committees.
- Missouri requires all committees to follow the McCain-Feingold Campaign Finance reform law for broadcast advertisement disclaimers.
- Missouri bans committees from accepting out-of-state contributions unless the committee is registered in Missouri.
- Missouri requires reporting of contributions of $5,000 or more to the Missouri Ethics Commission within 48 hours of when they are received.
State initiative law
Article III, Sections 49-53 of the Missouri Constitution addresses initiative, referendum, and recall.
Title IX, Chapter 116 of the Missouri Code governs initiative, referendum, and recall.
External links
- Missouri Secretary of State, "Elections, Initiative Petitions and Ballot Question," accessed April 16, 2015
- Missouri Secretary of State, "Making Your Voice Heard," revised February 2013
Footnotes
- ↑ NCSL, "Drafting the Initiative Proposal," accessed May 19, 2011
- ↑ NCSL, "Preparation of a Fiscal Analysis," accessed May 19, 2011
- ↑ NCSL, "Preparation of a Ballot Title and Summary," accessed May 19, 2011
- ↑ KMBC, "Court Strikes Mo. Auditor's Power On Initiatives," December 1, 2021
- ↑ Ballot Access News, "Missouri Statewide Initiative Process in Disarray, Following State Court Opinion," March 2, 2012
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 7.0 7.1 7.2 7.3 7.4 Missouri Secretary of State, "Making Your Voice Heard," accessed December 13, 2016
- ↑ Missouri Legislature, "Missouri Revised Statutes - 116.040 - Initiative petition for law or constitutional amendment, form--clerical and technical errors to be disregarded, penalties for false signature," accessed December 1, 2021
- ↑ Missouri Legislature, "Missouri Revised Statutes - 116.080 - Qualifications of circulator--affidavit, notarization, penalty," accessed December 1, 2021
- ↑ Missouri Legislature, "Missouri Revised Statutes - 116.100 - Filing of petition, procedure," accessed December 1, 2021
- ↑ Citizens in Charge, "Pay-Per-Signature Bans," accessed September 17, 2011
- ↑ Citizens in Charge, "Residency Requirements," accessed September 17, 2011
- ↑ 13.0 13.1 St. Louis Post Dispatch, "Missouri Supreme Court: Lawmakers can't change ballot initiatives prior to vote," February 10, 2015
- ↑ Southeast Missourian, "Mo. high court rules Legislature violated ballot rights," February 11, 2015
- ↑ NCSL, "Banning Same or Similar Measures from the Ballot for a Specified Period of Time," May 2009
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Changes in the law
Contents |
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1 Laws and procedures |
2 Changes in the law |
2.1 Proposed changes by year |
2.1.1 2022 |
2.1.2 2021 |
2.1.3 2010 |
2.1.4 2019 |
2.1.5 2018 |
2.1.6 2017 |
2.1.7 2016 |
2.1.8 2015 |
2.1.9 2014 |
2.1.10 2013 |
The following laws have been proposed that modify ballot measure law in Missouri. If a box is empty for any given year, it means Ballotpedia did not track any ballot measure or recall-related laws in that year.
Proposed changes by year
2022
No Bans on Choice et al. v. AshcroftOn February 8, 2022, the Missouri Supreme Court ruled that state law prohibiting signature gathering for a veto referendum before the referendum's official ballot title is certified violates citizens' constitutional rights to use the referendum process. The 3-2 opinion upheld a lower court's ruling, which held that the statutes "dramatically reduce the time available for the circulation of a referendum petition, both in theory and in practice." As of 2022, veto referendum campaigns in Missouri had 90 days following the legislature's adjournment to submit enough valid signatures for a veto referendum. The challenged statutes permitted the government to take up to 51 days to prepare an official ballot title, leaving campaigns with "39 days under the worst-case scenario" to collect signatures, according to the court.[1] The No Bans on Choice Committee and ACLU filed the litigation after suspending their signature drive for a veto referendum, saying there was insufficient time. The organizations were supporting a referendum against House Bill 126 (HB 126), which included an eight-week abortion ban except in the case of medical emergencies.[2] On December 4, 2020, Circuit Court Judge Jon Beetem ruled that Missouri could not prohibit campaigns from gathering signatures prior to receiving a certified ballot title.[3] The ruling was appealed to the state Supreme Court. |
2021
|
2020
No Bans on Choice et al. v. AshcroftOn February 8, 2022, the Missouri Supreme Court ruled that state law prohibiting signature gathering for a veto referendum before the referendum's official ballot title is certified violates citizens' constitutional rights to use the referendum process. The 3-2 opinion upheld a lower court's ruling, which held that the statutes "dramatically reduce the time available for the circulation of a referendum petition, both in theory and in practice." As of 2022, veto referendum campaigns in Missouri had 90 days following the legislature's adjournment to submit enough valid signatures for a veto referendum. The challenged statutes permitted the government to take up to 51 days to prepare an official ballot title, leaving campaigns with "39 days under the worst-case scenario" to collect signatures, according to the court.[1] The No Bans on Choice Committee and ACLU filed the litigation after suspending their signature drive for a veto referendum, saying there was insufficient time. The organizations were supporting a referendum against House Bill 126 (HB 126), which included an eight-week abortion ban except in the case of medical emergencies.[2] On December 4, 2020, Circuit Court Judge Jon Beetem ruled that Missouri could not prohibit campaigns from gathering signatures prior to receiving a certified ballot title.[3] The ruling was appealed to the state Supreme Court. |
2019
|
2018
|
2017
Missouri Senate Bill 389 was designed to do the following:
Missouri House Bill 1055 was designed to do the following:
Missouri House Bill 1043 was designed to do the following:
Missouri House Bill 269 was designed to prohibit the use of any public funds or resources to be used to support or oppose ballot questions and establish penalties. |
2016
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2015
|
2014
The following bills were introduced in the Missouri State Legislature:
|
2013
- Missouri House Bill 117 was approved in 2013.
The following bills were introduced in the Missouri State Legislature: HB 117: Changes the laws regarding petition circulators and the duties of the Secretary of State regarding initiative and referendum petitions. HB 661: Specifies that any issue to increase any tax, license, fee, or levy requiring voter approval under Article X of the Missouri Constitution must be placed on the ballot only on the general election day. HJR 10: Proposes a constitutional amendment requiring a four-sevenths voter majority approval of an initiative petition related to crop production, livestock, or agriculture in order for it to take effect. SB 135: Requires a newly formed Fair Ballot Commission to approve fair ballot language and ballot summary statements. SB 2: Requires the Secretary of State to post the full text of an initiative or referendum on its website, along with sponsorship information. |
2012
The following bills were introduced in the Missouri State Legislature: HJR 39: Proposes a constitutional amendment limiting the legislature's power to repeal or amend initiated statutes. To repeal or amend an initiated statutes the proportion of legislators voting in favor of the change must meet or exceed the percentage of voters who voted in favor of the initiative. HJR 52: Proposes a constitutional amendment requiring any initiative related to the harvesting of "bird, fish, game, wildlife, or forestry resources" to receive a two-thirds majority vote at the ballot box. Initiatives concerning the creation, repeal, or modification of sales taxes collected for conservation are exempt from the requirement. HJR 47: On April 13, the Missouri House passed House Joint Resolution 47 which would lower the state's Missouri signature requirements but institute a distribution requirement. HJR 47 is a legislatively referred constitutional amendment and must be approved by the Senate and the voters in order to take effect.[1] SB 808: Implements recall elections for U.S. Senators. The bill's official summary:
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2011
The following bills were introduced in the Missouri General Assembly: Missouri House Bill 521: Excerpt of bill description/summary: "This bill establishes a procedure by which an ambulance district board member may be recalled from office by the registered voters of the member's election district." Missouri House Bill 535: Excerpt of bill description/summary: "This bill changes the laws regarding the circulation of initiative and referendum petitions. In its main provisions, the bill: (1) Requires a petition circulator to be a citizen of the United States, to show proof of being a resident of Missouri, to register with the Secretary of State before collecting signatures, and to affirm that these requirements have been satisfied; (2) Specifies that a person must not qualify as a petition circulator if he or she has been convicted of, found guilty of, or pled guilty to any offense involving or considered forgery." Missouri House Bill 856: HB 865 would change a number state statutes governing the I&R process. Among other things, the bill would prevent any technical error, except those made by signers themselves, from invalidating a signature. In addition, the bill would require each page of a petition to include an affidavit indicating whether the circulator is being paid. The bill would make it a crime to deceive someone into signing a petition they did not intend to sign. Also, the bill would make it a crime to obstruct signature gathering by force or intimidation. The bill would also establish new rules for challenging ballot titles. Missouri House Joint Resolution 16: HJR 16 is a proposed constitutional amendment that would change Missouri's geographic distribution requirement. Currently, petitioners must collect signatures equaling 8% of the vote cast for governor in six of the state's nine US Congressional districts. Under the proposed amendment, petitioners would have to collect these signatures in all nine of the districts.[1] Citizens in Charge Foundation rating: Reduces initiative rights. Missouri House Joint Resolution 20: Bill description/summary: "Upon voter approval, this proposed constitutional amendment changes the laws regarding the repeal or modification by the General Assembly of a statutory provision of a referendum that was passed by voters. During the first general assembly session after the effective date of the statute, the General Assembly cannot repeal or modify a statutory provision of a referendum without a two-thirds majority vote; without a four-sevenths majority vote during the second session after the effective date of the statute; or without a simple majority vote after the third session of the General Assembly after the effective date of the statute." Missouri House Joint Resolution 21: Bill description/summary: "Upon voter approval, this proposed constitutional amendment changes the laws regarding the repeal or modification by the General Assembly of a statutory provision of a referendum that was passed by voters. During the first general assembly session after the effective date of the statute, the General Assembly cannot repeal or modify a statutory provision of a referendum without a two-thirds majority vote; without a four-sevenths majority vote during the second session after the effective date of the statute; or without a simple majority vote after the third session of the General Assembly after the effective date of the statute." Missouri House Joint Resolution 23: Bill description/summary: "Upon voter approval, this proposed constitutional amendment changes the requirements for submitting an initiative petition that proposes an amendment to the Missouri Constitution or a referendum petition to establish or amend a state law. Currently, an initiative petition must be signed by 8% of the legal voters in each of two-thirds of the state's Congressional districts before it can be placed on the ballot. The resolution requires 15% of the legal voters in each of the Congressional districts to sign the petition. The number of signatures required for an initiative petition or a referendum petition is also increased from 5% to 10% of those voters." Missouri Senate Joint Resolution 13: Bill description/summary: "Upon voter approval, petitions for a referendum shall be signed by 5% of the legal voters in each of the congressional districts in the state instead of by 5% of the legal voters in each of 2/3 of the districts. Similarly, petitions for initiatives proposing constitutional changes shall be signed by 8% of the legal voters in each of the congressional districts in the state instead of by 8% of the legal voters in each of 2/3 of the districts." |
2010
The following bills were introduced in the Missouri General Assembly: HB 1441: Would establish registration requirements for petition circulators. The bill was defeated without seeing a vote in either house of the General Assembly[1]. HB 1749: A initiative and referendum reform package that would ban pay per signature for circulators, prohibits circulators from being convicted of forgery, makes it a crime to sign a petition in another person's name, no longer count petition signatures before ballot titles are formed by the Missouri Secretary of State, and requiring fiscal impact statements for ballot measures. The bill was defeated without seeing a vote in either house of the General Assembly[2]. HB 1788: A bill that would ban out-of-state petition circulators, prohibits circulators from being convicted of forgery, bans multiple petition circulation by a circulator, bans pay-per-signature for circulators, requires circulators to file affidavits with the Missouri Secretary of State verifying their eligibility. The bill was approved by the Missouri House of Representatives on April 19, 2010 on a 130-24 vote. The bill was defeated in the Senate without a floor vote scheduled[3]. HB 1842: Would change counting requirements to determine if a tax measure passes the super-majority requirements. The bill was approved by the Missouri House of Representatives on March 24, 2010. The bill died in the Missouri State Senate despite the bill was approved out of Senate committee on April 26, 2010[4]. HB 2180: A bill that would change the verification procedures for initiative and referendum petitions including adding increased oversight of initiative applications by the Missouri State Auditor and Missouri Attorney General. The bill was defeated without seeing a vote in either house of the General Assembly[5]. HB 2465: Would allow citizens to recall Board of Directors members of Ambulance Districts. The bill was defeated without seeing a vote in either house of the General Assembly[6]. HJR 63: Would add a distribution requirement that in order to qualify an initiative that signatures must come from two-thirds of Missouri's congressional districts. The resolution was defeated without seeing a vote in either house of the General Assembly[7]. HJR 92: Would change minimum requirements for placing a signature on an initiative or referendum petition. The resolution was defeated without seeing a vote in either house of the General Assembly[8]. HJR 94: Would add a congressional district requirement in addition to meeting the minimum signature threshold. The resolution was defeated without seeing a vote in either house of the General Assembly[9]. SB 581: Would allow third class cities in Missouri to have advisory referendums with a simple majority requirement. The bill was approved by the Missouri Senate on a 29-2 vote with three Senators not voting on February 18, 2010. The bill was defeated in the Missouri House without seeing a floor vote[10]. SB 796: Would ban pay-per-signature of petition circulators. The bill was defeated without seeing a vote in either house of the General Assembly[11]. SB 818: Changes in how petitions for initiatives and referendums are verified and approved. The bill was defeated without seeing a vote in either house of the General Assembly[12].
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