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SECOND REGULAR SESSION
HOUSE BILL NO. 2124
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE BANDERMAN.
4264H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 1 16.030, 1 16.040, 1 16.050, 1 16.080, 1 16.090, 1 16.1 10, 1 16.130, 1 16.153,
1 16.190, 1 16.200, 1 16.332, and 1 16.334, RSMo, and to enact in lieu thereof twelve
new sections relating to initiative petitions and referendums, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 1 16.030, 1 16.040, 1 16.050, 1 16.080, 1 16.090, 1 16.1 10, 1 16.130,
2 1 16.153, 1 16.190, 1 16.200, 1 16.332, and 1 16.334, RSMo, are repealed and twelve new
3 sections enacted in lieu thereof, to be known as sections 1 16.030, 1 16.040, 1 16.045, 1 16.050,
4 1 16.080, 1 16.090, 1 16.1 10, 1 16.130, 1 16.190, 1 16.200, 1 16.332, and 1 16.334, to read as
5 follows:
1 16.030. The following shall be substantially the form of each page of referendum
2 petitions on any law passed by the general assembly of the state of Missouri:
3 County ______
4 Page No. ______
5 It is a class A misdemeanor punishable, notwithstanding the provisions
6 of section [ 560.021 ] 558.002 , RSMo, to the contrary , for a term of
7 imprisonment not to exceed one year in the county jail or a fine not to
8 exceed ten thousand dollars or both, for anyone to sign any referendum
9 petition with any name other than his or her own, or knowingly to sign
10 his or her name more than once for the same measure for the same
11 election, or to sign a petition when such person knows he or she is not a
12 registered voter .
13 PETITION FOR REFERENDUM
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
14 T o the Honorable ______, Secretary of State for the state of Missouri:
15 W e, the undersigned, registered voters of the state of Missouri and ___
16 ___ County (or City of St. Louis), respectfully order that the Senate (or
17 House) Bill No. ______ entitled (title of law), passed by the ______
18 general assembly of the state of Missouri, at the ______ regular (or
19 special) session of the ______ general assembly , shall be referred to the
20 voters of the state of Missouri, for their approval or rejection, at the
21 general election to be held on the ______ day of ______, ______,
22 unless the general assembly shall designate another date, and each for
23 himself or herself says: I have personally signed this petition; I am a
24 registered voter of the state of Missouri and ______ County (or City of
25 St. Louis); my registered voting address and the name of the city , town
26 or village in which I live are correctly written after my name.
27 (Off icial Ballot title) ______
28 CIRCULA T OR'S AFFIDA VIT
29 State Of Missouri,
30 County Of ______
31 I, ______, being first duly sworn, say (print or type names of signers)
NAME
DA TE
SIGNED
32 REGISTERED
33 VOTING
34 ADDRESS
ZIP
CODE
CONGR.
DIST . NAME
35 (Signature) (Street) (City , (Printed or
36 T own or V illage) T yped)
37 (Here follow numbered lines for signers)
38 signed this page of the foregoing petition, and each of them signed his
39 or her name thereto in my presence; I believe that each has stated his or
40 her name, registered voting address and city , town or village correctly ,
41 and that each signer is a registered voter of the state of Missouri and __
42 ____ County . FUR THERMORE, I HEREBY SWEAR OR AFFIRM
43 UNDER PENAL TY OF PERJUR Y THA T ALL ST A TEMENTS
44 MADE BY ME ARE TRUE AND CORRECT AND THA T I HA VE
45 NEVER BEEN CONVICTED OF , FOUND GUIL TY OF , OR PLED
46 GUIL TY T O ANY OFFENSE INVOL VING FORGER Y .
47 I have met the qualifications of section 1 16.080 and am at least 18
48 years of age. I do ______ do not ______ (check one) expect to be paid
49 for circulating this petition. If paid, list the payer ______
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50 _______________
51 Signature of Affiant
52 (Person obtaining signatures)
53 _______________
54 (Printed Name of Af fiant)
55 _______________
56 Address of Af fiant
57 Subscribed and sworn to before me this ______ day of ______, A.D. _
58 _____
59 _______________
60 Signature of Notary
61 Address of Notary
62 Notary Public (Seal)
63 My commission expires ______
64
65 If this form is followed substantially and the requirements of [ section ] sections 1 16.045,
66 1 16.050 , and [ section ] 1 16.080 are met, it shall be suf ficient, disregarding clerical and merely
67 technical errors.
1 16.040. The following shall be substantially the form of each page of each petition
2 for any law or amendment to the Constitution of the state of Missouri proposed by the
3 initiative:
4 County ______
5 (Optional) Page No. ______
6 It is a class A misdemeanor punishable, notwithstanding the provisions
7 of section [ 560.021 ] 558.002 , RSMo, to the contrary , for a term of
8 imprisonment not to exceed one year in the county jail or a fine not to
9 exceed ten thousand dollars or both, for anyone to sign any initiative
10 petition with any name other than his or her own, or knowingly to sign
11 his or her name more than once for the same measure for the same
12 election, or to sign a petition when such person knows he or she is not a
13 registered voter .
14 INITIA TIVE PETITION
15 T o the Honorable ______, Secretary of State for the state of Missouri:
16 W e, the undersigned, registered voters of the state of Missouri and ___
17 ___ County (or City of St. Louis), respectfully order that the following
18 proposed law (or amendment to the constitution) shall be submitted to
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19 the voters of the state of Missouri, for their approval or rejection, at the
20 general election to be held on the ______ day of ______, ______, and
21 each for himself or herself says: I have personally signed this petition; I
22 am a registered voter of the state of Missouri and ______ County (or
23 City of St. Louis); my registered voting address and the name of the
24 city , town or village in which I live are correctly written after my name.
25 (Off icial Ballot title) ______
26 CIRCULA T OR'S AFFIDA VIT
27 State Of Missouri,
28 County Of ______
29 I, ______, being first duly sworn, say (print or type names of signers)
NAME
DA TE
SIGNED
30 REGISTERED
31 VOTING
32 ADDRESS
ZIP
CODE
CONGR.
DIST . NAME
33 (Signature) (Street) (City , (Printed or
34 T own or
35 V illage) T yped)
36 (Here follow numbered lines for signers)
37 signed this page of the foregoing petition, and each of them signed his
38 or her name thereto in my presence; I believe that each has stated his or
39 her name, registered voting address and city , town or village correctly ,
40 and that each signer is a registered voter of the state of Missouri and __
41 ____ County .
42 FUR THERMORE, I HEREBY SWEAR OR AFFIRM UNDER
43 PENAL TY OF PERJUR Y THA T ALL ST A TEMENTS MADE BY ME
44 ARE TRUE AND CORRECT AND THA T I HA VE NEVER BEEN
45 CONVICTED OF , FOUND GUIL TY OF , OR PLED GUIL TY T O
46 ANY OFFENSE INVOL VING FORGER Y .
47 I have met the qualifications of section 1 16.080 and am at least 18
48 years of age. I do ______ do not ______ (check one) expect to be paid
49 for circulating this petition. If paid, list the payer ______
50 _______________
51 Signature of Affiant
52 (Person obtaining signatures)
53 _______________
54 (Printed Name of Af fiant)
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55 _______________
56 Address of Af fiant
57 Subscribed and sworn to before me this ______ day of ______, A.D. _
58 _____
59 _______________
60 Signature of Notary
61 Address of Notary
62 Notary Public (Seal)
63 My commission expires ______
64
65 If this form is followed substantially and the requirements of [ section ] sections 1 16.045,
66 1 16.050 , and [ section ] 1 16.080 are met, it shall be suf ficient, disregarding clerical and merely
67 technical errors.
1 16.045. Initiative petition and r efer endum petition signatur e pages shall be
2 printed on a form as pr escribed by the secr etary of state that shall include all of the
3 information and statements requi red by section 1 16.030 or 1 16.040, as applicable, and
4 comply with section 1 16.050. The form shall be made available in electr onic format to
5 be used for printing petitions for cir culating.
1 16.050. 1. Initiative and referendum petitions filed under the provisions of this
2 chapter shall consist of pages of a uniform size. Each page, excluding the text of the measure,
3 shall be no lar ger than eight and one-half by fourteen inches. The text of the pro posed
4 measur e shall be in a font that is not smaller than twelve-point T imes New Roman and
5 have a top, bottom, left, and right margin of not less than one inch. Page numbers may
6 appear in the bottom margin. Each page of an initiative petition shall be attached to or shall
7 contain a full and correct text of the proposed measure. Each page of a referendum petition
8 shall be attached to or shall contain a full and correct text of the measure on which the
9 referendum is sought.
10 2. The full and correct text of all initiative and referendum petition measures shall:
11 (1) Contain all matter which is to be deleted included in its proper place enclosed in
12 brackets and all new matter shown underlined;
13 (2) Include all sections of existing law or of the constitution which would be repealed
14 by the measure; and
15 (3) Otherwise conform to the provisions of [ Article III, Section 28 and ] Article III,
16 [ Section ] Sections 28, 49, 50 , 51, and 52(a) of the Constitution of Missouri and those of this
17 chapter .
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1 16.080. 1. Each petition circulator shall be a citizen of the United States, [ at least ]
2 eighteen years of age or older , a res ident of this state or physically pr esent in this state for
3 at least thirty consecutive days prior to the collection of signatur es, and registered with
4 the secretary of state. No petition cir culator shall be paid anything of value that is based
5 on the number of signatures collected. Signatures collected by any circulator who has not
6 registered with the secretary of state pursuant to this chapter on or before 5:00 p.m. on the
7 final day for filing petitions with the secretary of state shall not be counted. A petition
8 circulator shall be deemed registered at the time such circulator delivers a signed circulator's
9 af fidavit pursuant to section 1 16.030, with respect to a referendum petition, or section
10 1 16.040, with respect to an initiative petition, to the of fice of the secretary of state. No person
11 shall qualify as a petition circulator who has been convicted of, found guilty of, or pled guilty
12 to an of fense involving forger y under the laws of this state or an of fense under the laws of any
13 other jurisdiction if that offense would be considered forge ry under the laws of this state.
14 2. Each petition circulator shall subscribe and swear to the proper af fidavit on each
15 petition page such circulator submits before a notary public commissioned in Missouri.
16 When notarizing a circulator's signature, a notary public shall sign his or her official signature
17 and affix his or her of ficial seal to the af fidavit only if the circulator personally appears before
18 the notary and subscribes and swears to the affidavi t in his or her presence.
19 3. Any circulator who falsely swears to a circulator's affidavi t knowing it to be false is
20 guilty of a class A misdemeanor punishable, notwithstanding the provisions of section
21 [ 560.021 ] 558.002 to the contrary , for a term of imprisonment not to exceed one year in the
22 county jail or a fine not to exceed ten thousand dollars or both.
1 16.090. 1. Any person who commits any of the following actions is guilty of the
2 crime of petition signature fraud:
3 (1) Signs any name other than his or her own to any petition, or who knowingly signs
4 his or her name more than once for the same measure for the same election, or who knows he
5 or she is not at the time of signing or circulating the same a Missouri registered voter and a
6 resident of this state; [ or ]
7 (2) Intentionally submits petition signature sheets with the knowledge that the person
8 whose name appears on the signature sheet did not actually sign the petition; [ or ]
9 (3) Causes a voter to sign a petition other than the one the voter intended to sign; [ or ]
10 (4) For ges or falsifies signatures; or
11 (5) Knowingly accepts or of fers money or anything of value to another person in
12 exchange for a signature on a petition.
13 2. Any person who knowingly causes a petition circulator's signatures to be submitted
14 for counting, and who either knows that such circulator has violated subsection 1 of this
15 section or , after receiving notice of facts indicating that such person may have violated
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16 subsection 1 of this section, causes the signatures to be submitted with reckless indif ference
17 as to whether such circulator has complied with subsection 1 of this section, shall also be
18 deemed to have committed the crime of petition signature fraud.
19 3. A person who violates subsection 1 or 2 of this section, shall, upon conviction
20 thereof, be guilty of a class A misdemeanor punishable, notwithstanding the provisions of
21 section [ 560.021 ] 558.002 to the contrary , by a term of imprisonment not to exceed one year
22 in the county jail or a fine not to exceed ten thousand dollars or both.
23 4. Any person employed by or serving as an election authority , that has reasonable
24 cause to suspect a person has committed petition signature fraud, shall immediately report or
25 cause a report to be made to the appropriate prosecuting authorities. Failure to so report or
26 cause a report to be made shall be a class A misdemeanor .
1 16.1 10. Any voter who has signed an initiative or referendum petition may withdraw
2 his or her signature from that petition by submitting to the secretary of state, before the
3 petition is filed with the secretary of state, a sworn statement requesting that his or her
4 signature be withdrawn and affir ming the name of the petition signed, the name the voter used
5 when signing the petition, the address of the voter and the county of residence. It is a class A
6 misdemeanor punishable, notwithstanding the provisions of section [ 560.021 ] 558.002 to the
7 contrary , for a term of imprisonment not to exceed one year in the county jail or a fine not to
8 exceed ten thousand dollars or both, to knowingly file a false withdrawal statement with the
9 secretary of state.
1 16.130. 1. The secretary of state may send copies of petition pages to election
2 authorities to verify that the persons whose names are listed as signers to the petition are
3 registered voters. Such verification may either be of each signature or by random sampling as
4 provided in section 1 16.120, as the secretary shall direct. If copies of the petition pages are
5 sent to an election authority for verification, such copies shall be sent pursuant to the
6 following schedule:
7 (1) Copies of all pages from not less than one petition shall be received in the of fice
8 of the election authority not later than two weeks after the petition is filed in the office of the
9 secretary of state;
10 (2) Copies of all pages of a total of three petitions shall be received in the of fice of the
11 election authority not later than three weeks after the petition is filed in the of fice of the
12 secretary of state;
13 (3) If more than three petitions are filed, all copies of petition pages, including those
14 petitions selected for verification by random sample pursuant to section 1 16.120, shall be
15 received in the of fice of the election authority not later than the fourth week after the petition
16 is filed in the of fice of the secretary of state.
17
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18 Each election authority shall check the signatures against voter registration records in the
19 election authority's jurisdiction, but the election authority shall count as valid only the
20 signatures of persons registered as voters in the county named in the circulator's affidav it.
21 Signatures shall not be counted as valid if they have been struck through or crossed out.
22 Signatur es shall be r ecorded using a black or dark ink.
23 2. If the election authority is requested to verify the petition by random sampling,
24 such verification shall be completed and certified not later than thirty days from the date that
25 the election authority receives the petition from the secretary of state. If the election authority
26 is to verify each signature, such verification [ must ] shall be completed, certified and
27 delivered to the secretary of state by 5:00 p.m. on the last T uesday in July prior to the
28 election, or in the event of complete verification of signatures after a failed random sample,
29 full verification shall be completed, certified and delivered to the secretary of state by 5:00
30 p.m. on the last T uesday in July or by 5:00 p.m. on the Friday of the fifth week after receipt
31 of the signatures by the local election authority , whichever is later .
32 3. If the election authority or the secretary of state determines that the congressional
33 district number written after the signature of any voter is not the congressional district of
34 which the voter is a resident, the election authority or the secretary of state shall correct the
35 congressional district number on the petition page. Failure of a voter to give the voter's
36 correct congressional district number shall not by itself be grounds for not counting the voter's
37 signature.
38 4. The election authority shall return the copies of the petition pages to the secretary
39 of state with annotations regarding any invalid or questionable signatures which the election
40 authority has been asked to check by the secretary of state. The election authority shall verify
41 the number of pages received for that county , and also certify the total number of valid
42 signatures of voters from each congressional district which the election authority has been
43 asked to check by the secretary of state.
44 5. The secretary of state is authorized to adopt rules to ensure uniform, complete, and
45 accurate checking of petition signatures either by actual count or random sampling. No rule
46 or portion of a rule promulgated pursuant to this section shall become ef fective unless it has
47 been promulgated pursuant to the provisions of chapter 536.
48 6. After a period of three years from the time of submission of the petitions to the
49 secretary of state, the secretary of state, if the secretary determines that retention of such
50 petitions is no longer necessary , may destroy such petitions.
1 16.190. 1. Any [ citizen ] Missouri register ed voter who wishes to challenge the
2 of ficial ballot title or the fiscal note prepared for a proposed constitutional amendment
3 submitted by the general assembly , by initiative petition, or by constitutional convention, or
4 for a statutory initiative or referendum measure, may bring an action in the circuit court of
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5 Cole County . The action shall be brought within ten days after the of ficial ballot title is
6 certified by the secretary of state in accordance with the provisions of this chapter , in the case
7 of an initiative petition and not later than the twenty-second T uesday prior to the general
8 election at which the ballot measure will be submitted to the voters, in the case of all other
9 statewide ballot measures.
10 2. The secretary of state shall be named as a party defendant in any action challenging
11 the of ficial ballot title prepared by the secretary of state. When the action challenges the
12 fiscal note or the fiscal note summary prepared by the auditor , the state auditor shall also be
13 named as a party defendant. The president pro tem of the senate, the speaker of the house and
14 the sponsor of the measure and the secretary of state shall be the named party defendants in
15 any action challenging the of ficial summary statement, fiscal note or fiscal note summary
16 prepared pursuant to section 1 16.155.
17 3. The petition shall state the reason or reasons why the summary statement portion of
18 the of ficial ballot title is insuf ficient or unfair . Alternatively , the petition shall state the
19 reasons why the fiscal note or the fiscal note summary portion of the of ficial ballot title is
20 insuf ficient or unfair and shall request a dif ferent fiscal note or fiscal note summary portion of
21 the of ficial ballot title.
22 4. (1) The action shall be placed at the top of the civil docket.
23 (2) (a) Insofar as the action challenges the summary statement portion of the of ficial
24 ballot title, the court shall consider the petition, hear arg uments, and in its decision certify the
25 summary statement portion of the of ficial ballot title to the secretary of state as originally
26 written if the court finds the summary statement to be suf ficient and fair . If the court finds the
27 summary statement to be insuf ficient or unfair , the court may of fer suggested revisions for the
28 summary statement to remedy the legal flaws, but it shall, in its decision, order the secretary
29 of state to write a first revised summary statement that is suf ficient and fair .
30 (b) The secretary of state shall submit a first revised summary statement to the court
31 within seven days. If, after submission to the court of a first revised summary statement by
32 the secretary of state, the court finds the first revised summary statement to be suf ficient and
33 fair , the court shall certify to the secretary of state that statement and order it to appear on the
34 ballot. If the court finds the first revised summary statement to be insuf ficient or unfair , the
35 court may of fer suggested revisions for the statement to remedy the legal flaws, but it shall, in
36 its decision, order the secretary of state to write a second revised summary statement that is
37 suf ficient and fair .
38 (c) The secretary of state shall submit a second revised summary statement to the
39 court within five days. If, after submission to the court of a second revised summary
40 statement by the secretary of state, the court finds the second revised summary statement to
41 be suff icient and fair , the court shall certify to the secretary of state that statement and order it
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42 to appear on the ballot. If the court finds the second revised summary statement to be
43 insuf ficient or unfair , the court may of fer suggested revisions for the statement to remedy the
44 legal flaws, but it shall, in its decision, order the secretary of state to write a third revised
45 summary statement that is suff icient and fair .
46 (d) The secretary of state shall submit a third revised summary statement to the court
47 within three days. If, after submission to the court of a third revised summary statement by
48 the secretary of state, the court finds the third revised summary statement to be suf ficient and
49 fair , the court shall certify to the secretary of state that statement and order it to appear on the
50 ballot. If the court finds the third revised summary statement to be insuf ficient or unfair , or if
51 the secretary of state neglects or refuses to submit any of the revised summary statements
52 within the times mandated by this subdivision when so ordered, the court shall revise the
53 summary statement in a manner that is suf ficient and fair and order the secretary of state to
54 place that summary statement on the ballot with the measure.
55 (e) During all revisions as provided in this subdivision, the case shall remain open.
56 (f) Any nonprevailing party may make appeals as provided by law only following:
57 a. The finding of the circuit court that a summary statement was suff icient and fair; or
58 b. The circuit court ordering its own summary statement to be placed on the ballot
59 pursuant to paragraph (d) of this subdivision.
60 (g) Any action brought pursuant to this section challenging a statewide ballot measure
61 appearing on the ballot at an election called by the governor pursuant to Article XII, Section 2
62 (b), Missouri Constitution, whether at the primary election or at a special election, or at a
63 special election for a referendum petition measure called by the general assembly pursuant to
64 Article III, Section 52(b), Missouri Constitution, shall be expedited by the court to bring a
65 resolution of the matter prior to the printing of ballots. The court may shorten any timeframe
66 under this section to achieve this purpose.
67 (3) Insofar as the action challenges the fiscal note or the fiscal note summary portion
68 of the of ficial ballot title, the court shall consider the petition, hear argu ments, and in its
69 decision, either certify the fiscal note or the fiscal note summary portion of the of ficial ballot
70 title to the secretary of state or remand the fiscal note or the fiscal note summary to the auditor
71 for preparation of a new fiscal note or fiscal note summary pursuant to the procedures set
72 forth in section 1 16.175. Any party to the suit may appeal [ to the supreme court ] within ten
73 days after [ a circuit court decision ] the entry of the judgment by the circu it court pursuant
74 to this subdivision.
75 5. Any action brought under this section that is not fully and finally adjudicated
76 within one hundred eighty days of filing, and more than seventy days prior to the election in
77 which the measure is to appear , including all appeals, shall be extinguished, unless a court ,
78 befor e the expiration of the fore going periods, extends such period upon [ a ] an expr ess
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79 finding of good cause for such extension , but no extension shall cause the final
80 adjudication to occur less than eight weeks befor e the date of the election . Such good
81 cause shall consist only of court-related scheduling issues and shall not include requests for
82 continuance by the parties. No court, including any appellate court, shall have the
83 authority to issue any form of relief after the expiration of the for egoing periods.
1 16.200. 1. After the secretary of state certifies a petition as suf ficient or insuf ficient,
2 any [ citizen ] Missouri regist ered voter may apply to the circuit court of Cole County to
3 compel [ him ] the secr etary of state to reverse his or her decision. The action must be
4 brought within ten days after the certification is made. All such suits shall be advanced on the
5 court docket and heard and decided by the court as quickly as possible.
6 2. If the court decides the petition is suff icient, the secretary of state shall certify it as
7 suf ficient and attach a copy of the judgment. If the court decides the petition is insufficie nt,
8 the court shall enjoin the secretary of state from certifying the measure and all other of ficers
9 from printing the measure on the ballot.
10 3. Any party may appeal within ten days after [ a decision is rendered, any party may
11 appeal it to the supreme court ] the entry of the judgment by the cir cuit court .
1 16.332. 1. Before a constitutional amendment petition, a statutory initiative petition,
2 or a referendum petition may be circulated for signatures, a sample sheet [ must ] shall be
3 submitted to the secretary of state in the form in which it will be circulated. Sample sheets
4 may be submitted to the secr etary of state any time after a general election until six
5 months prior to the next general election. When a person submits a sample sheet of a
6 petition he or she shall designate to the secretary of state the name and address of the person
7 to whom any notices shall be sent pursuant to sections 1 16.140 and 1 16.180 and, if a
8 committee or person, except the individual submitting the sample sheet, is funding any
9 portion of the drafting or submitting of the sample sheet, the person submitting the sample
10 sheet shall submit a copy of the filed statement of committee or ganization required under
11 subsection 5 of section 130.021 showing the date the statement was filed. The secretary of
12 state shall refer a copy of the petition sheet to the attorney general for his approval and to the
13 state auditor for purposes of preparing a fiscal note and fiscal note summary . The secretary of
14 state and attorney general [ must ] shall each review the petition for [ suf ficiency as to form ]
15 compliance with section 1 16.050 and Article III, Sections 28, 49, 50, 51, and 52(a) of the
16 Constitution of Missouri and approve or reject the form of the petition, stating the reasons
17 for rejection, if any .
18 2. W ithin two business days of receipt of any such sample sheet, the of fice of the
19 secretary of state shall conspicuously post on its website the text of the proposed measure, a
20 disclaimer stating that such text may not constitute the full and correct text as required under
21 section 1 16.050, and the name of the person or or ganization submitting the sample sheet. The
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22 secretary of state's failure to comply with such posting shall be considered a violation of
23 chapter 610 and subject to the penalties provided under subsection 3 of section 610.027. The
24 posting shall be removed within three days of either the withdrawal of the petition under
25 section 1 16.1 15 or the rejection for any reason of the petition.
26 3. Upon receipt of a petition from the of fice of the secretary of state, the attorney
27 general shall examine the petition [ as to form ] and determine whether it complies with
28 section 1 16.050 and Article III, Sections 28, 49, 50, 51, and 52(a) of the Constitution of
29 Missouri . If the petition is rejected [ as to form ], the attorney general shall forward his or her
30 comments to the secretary of state within ten days after receipt of the petition by the attorney
31 general. If the petition is approved [ as to form ], the attorney general shall forward his or her
32 approval [ as to form ] to the secretary of state within ten days after receipt of the petition by
33 the attorney general.
34 4. The secretary of state shall review the comments and statements of the attorney
35 general [ as to form ] and make a final decision as to the approval or rejection [ of the form ] of
36 the petition. The secretary of state shall send written notice to the person who submitted the
37 petition sheet of the approval within fifteen days after submission of the petition sheet. The
38 secretary of state shall send written notice if the petition has been rejected, together with
39 reasons for rejection, within fifteen days after submission of the petition sheet.
1 16.334. 1. If the petition [ form ] is approved under section 1 16.332 , the secretary of
2 state shall make a copy of the sample petition available on the secretary of state's website.
3 For a period of fifteen days after the petition is approved [ as to form ] under section 1 16.332 ,
4 the secretary of state shall accept public comments regarding the proposed measure and
5 provide copies of such comments upon request. W ithin twenty-three days of receipt of such
6 approval, the secretary of state shall prepare and transmit to the attorney general a summary
7 statement of the measure which shall be a concise statement not exceeding one hundred
8 words. This statement shall [ be in the form of a question using ] use language neither
9 intentionally arg umentative nor likely to create prejudice either for or against the proposed
10 measure. The attorney general shall within ten days approve the legal content and form of the
11 proposed statement.
12 2. Signatures obtained prior to the date the of ficial ballot title is certified by the
13 secretary of state shall not be counted. Once the secretary of state certifies the of ficial ballot
14 title, signatures may be collected, even if the ballot title is subject to an action in court
15 challenging the suf ficiency and fairness of the ballot title. If a court orders a change that
16 alters the content of the of ficial ballot title, then all signatures gathered before such change
17 occurred shall not be invalidated based upon the fact that one or more signatures were
18 gathered prior to the alteration of the of ficial ballot title, regardless of whether those
19 signatures were gathered on petition pages that displayed what was previously the of ficial
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20 ballot title as certified by the secretary of state. Nothing in this subsection shall prohibit the
21 invalidation of a signature for a reason otherwise allowed by this chapter .
22 3. Signatures for statutory initiative petitions shall be filed not later than six months
23 prior to the general election during which the petition's ballot measure is submitted for a vote,
24 and shall also be collected not earlier than the day after the day upon which the previous
25 general election was held.
[ 1 16.153. W ithin thirty days of issuing certification that the petition
2 contains a suf ficient number of valid signatures pursuant to section 1 16.150,
3 the joint committee on legislative research shall hold a public hearing in
4 Jef ferson City to take public comments concerning the proposed measure.
5 Such hearing shall be a public meeting under chapter 610. W ithin five
6 business days after the end of the public hearing, the joint committee on
7 legislative research shall provide a summary of the hearing to the secretary of
8 state or his or her designee and the secretary of state shall post a copy of the
9 summary on the website of the of fice of the secretary of state. ]
✔
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