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SECOND REGULAR SESSION
HOUSE BILL NO. 3209
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE REUTER.
7047H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 1 16.155 as enacted by senate bill no. 22, one hundred third general
assembly , first regular session, section 1 16.155 as enacted by house bill no. 676,
ninetieth general assembly , first regular session, section 1 16.160 as enacted by senate
bill no. 22, one hundred third general assembly , first regular session, section 1 16.160
as enacted by house bill no. 676, ninetieth general assembly , first regular session,
section 1 16.190 as enacted by senate bill no. 22, one hundred third general assembly ,
first regular session, section 1 16.190 as enacted by senate bill no. 104, ninety-eighth
general assembly , first regular session, section 1 16.334 as enacted by senate bill no.
22, one hundred third general assembly , first regular session, and section 1 16.334 as
enacted by house bill no. 1 17, ninety-seventh general assembly , first regular session,
and to enact in lieu thereof four new sections relating to ballot titles for statewide
ballot measures.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 1 16.155 as enacted by senate bill no. 22, one hundred third general
2 assembly , first regular session, section 1 16.155 as enacted by house bill no. 676, ninetieth
3 general assembly , first regular session, section 1 16.160 as enacted by senate bill no. 22, one
4 hundred third general assembly , first regular session, section 1 16.160 as enacted by house bill
5 no. 676, ninetieth general assembly , first regular session, section 1 16.190 as enacted by senate
6 bill no. 22, one hundred third general assembly , first regular session, section 1 16.190 as
7 enacted by senate bill no. 104, ninety-eighth general assembly , first regular session, section
8 1 16.334 as enacted by senate bill no. 22, one hundred third general assembly , first regular
9 session, and section 1 16.334 as enacted by house bill no. 1 17, ninety-seventh general
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.
10 assembly , first regular session, are repealed and four new sections enacted in lieu thereof, to
11 be known as sections 1 16.155, 1 16.160, 1 16.190, and 1 16.334, to read as follows:
[ 1 16.155 . 1. The general assembly may include the of ficial summary
2 statement and a fiscal note summary in any statewide ballot measure that it
3 refers to the voters.
4 2. The of ficial summary statement approved by the general assembly
5 shall, taken together with the approved fiscal note summary , be the of ficial
6 ballot title and such summary statement shall contain no more than one
7 hundred words, excluding articles. The title shall be a true and impartial
8 statement of the purposes of the proposed measure in language neither
9 intentionally ar gumentative nor likely to create prejudice either for or against
10 the proposed measure.
11 3. The fiscal note summary approved by the general assembly shall
12 contain no more than fifty words, excluding articles, which shall summarize
13 the fiscal note prepared for the measure in language neither arg umentative nor
14 likely to create prejudice for or against the proposed measure. ]
1 16.155. 1. The general assembly may include the official summary statement and a
2 fiscal note summary in any statewide ballot measure that it refers to the voters.
3 2. The of ficial summary statement approved by the general assembly shall, taken
4 together with the approved fiscal note summary , be the of ficial ballot title and such summary
5 statement shall contain no more than [ fifty ] one hundred words, excluding articles. The title
6 shall be a true and impartial statement of the purposes of the proposed measure in language
7 neither intentionally ar gumentative nor likely to create prejudice either for or against the
8 proposed measure.
9 3. The fiscal note summary approved by the general assembly shall contain no more
10 than fifty words, excluding articles, which shall summarize the fiscal note prepared for the
11 measure in language neither ar gumentative nor likely to create prejudice for or against the
12 proposed measure.
[ 1 16.160 . 1. If the general assembly adopts a joint resolution
2 proposing a constitutional amendment or a bill without a fiscal note summary ,
3 which is to be referred to a vote of the people, after receipt of such resolution
4 or bill the secretary of state shall promptly forward the resolution or bill to the
5 state auditor . If the general assembly adopts a joint resolution proposing a
6 constitutional amendment or a bill without an official summary statement,
7 which is to be referred to a vote of the people, within twenty days after receipt
8 of the resolution or bill, the secretary of state shall prepare and transmit to the
9 attorney general a summary statement of the measure as the proposed
10 summary statement. The secretary of state may seek the advice of the
11 legislator who introduced the constitutional amendment or bill and the speaker
12 of the house or the president pro tem of the legislative chamber that originated
13 the measure. The summary statement may be distinct from the legislative title
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14 of the proposed constitutional amendment or bill. The attorney general shall
15 within ten days approve the legal content and form of the proposed statement.
16 2. If the general assembly adopts a joint resolution proposing a
17 constitutional amendment or statutory measure that includes an of ficial
18 summary statement, the statement shall appear on the ballot, unless it is
19 challenged pursuant to section 1 16.190, in which case the provisions of that
20 section shall apply .
21 3. The of ficial summary statement shall contain no more than one
22 hundred words, excluding articles. The title shall be a true and impartial
23 statement of the purposes of the proposed measure in language neither
24 intentionally ar gumentative nor likely to create prejudice either for or against
25 the proposed measure. ]
1 16.160. 1. If the general assembly adopts a joint resolution proposing a
2 constitutional amendment or a bill without a fiscal note summary , which is to be referred to a
3 vote of the people, after receipt of such resolution or bill the secretary of state shall promptly
4 forward the resolution or bill to the state auditor . If the general assembly adopts a joint
5 resolution proposing a constitutional amendment or a bill without an of ficial summary
6 statement, which is to be referred to a vote of the people, within twenty days after receipt of
7 the resolution or bill, the secretary of state shall prepare and transmit to the attorney general a
8 summary statement of the measure as the proposed summary statement. The secretary of
9 state may seek the advice of the legislator who introduced the constitutional amendment or
10 bill and the speaker of the house or the president pro tem of the legislative chamber that
11 originated the measure. The summary statement may be distinct from the legislative title of
12 the proposed constitutional amendment or bill. The attorney general shall within ten days
13 approve the legal content and form of the proposed statement.
14 2. If the general assembly adopts a joint res olution prop osing a constitutional
15 amendment or statutory measur e that includes an official summary statement, the
16 statement shall appear on the ballot, unless it is challenged pursuant to section 1 16.190,
17 in which case the pr ovisions of that section shall apply .
18 3. The of ficial summary statement shall contain no more than [ fifty ] one hundr ed
19 words, excluding articles. The title shall be a true and impartial statement of the purposes of
20 the proposed measure in language neither intentionally ar gumentative nor likely to create
21 prejudice either for or against the proposed measure.
[ 1 16.190 . 1. Any citizen who wishes to challenge the of ficial ballot
2 title or the fiscal note prepared for a proposed constitutional amendment
3 submitted by the general assembly , by initiative petition, or by constitutional
4 convention, or for a statutory initiative or referendum measure, may bring an
5 action in the circuit court of Cole County . The action shall be brought within
6 ten days after the of ficial ballot title is certified by the secretary of state in
7 accordance with the provisions of this chapter , in the case of an initiative
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8 petition and not later than the twenty-second T uesday prior to the general
9 election at which the ballot measure will be submitted to the voters, in the case
10 of all other statewide ballot measures.
11 2. The secretary of state shall be named as a party defendant in any
12 action challenging the of ficial ballot title prepared by the secretary of state.
13 When the action challenges the fiscal note or the fiscal note summary prepared
14 by the auditor , the state auditor shall also be named as a party defendant. The
15 president pro tem of the senate, the speaker of the house and the sponsor of the
16 measure and the secretary of state shall be the named party defendants in any
17 action challenging the of ficial summary statement, fiscal note or fiscal note
18 summary prepared pursuant to section 1 16.155.
19 3. The petition shall state the reason or reasons why the summary
20 statement portion of the off icial ballot title is insuf ficient or unfair .
21 Alternatively , the petition shall state the reasons why the fiscal note or the
22 fiscal note summary portion of the of ficial ballot title is insuf ficient or unfair
23 and shall request a dif ferent fiscal note or fiscal note summary portion of the
24 of ficial ballot title.
25 4. (1) The action shall be placed at the top of the civil docket.
26 (2) (a) Insofar as the action challenges the summary statement portion
27 of the of ficial ballot title, the court shall consider the petition, hear ar guments,
28 and in its decision certify the summary statement portion of the of ficial ballot
29 title to the secretary of state as originally written if the court finds the summary
30 statement to be suf ficient and fair . If the court finds the summary statement to
31 be insuf ficient or unfair , the court may of fer suggested revisions for the
32 summary statement to remedy the legal flaws, but it shall, in its decision, order
33 the secretary of state to write a first revised summary statement that is
34 suf ficient and fair .
35 (b) The secretary of state shall submit a first revised summary
36 statement to the court within seven days. If, after submission to the court of a
37 first revised summary statement by the secretary of state, the court finds the
38 first revised summary statement to be suf ficient and fair , the court shall certify
39 to the secretary of state that statement and order it to appear on the ballot. If
40 the court finds the first revised summary statement to be insuf ficient or unfair ,
41 the court may of fer suggested revisions for the statement to remedy the legal
42 flaws, but it shall, in its decision, order the secretary of state to write a second
43 revised summary statement that is suf ficient and fair .
44 (c) The secretary of state shall submit a second revised summary
45 statement to the court within five days. If, after submission to the court of a
46 second revised summary statement by the secretary of state, the court finds the
47 second revised summary statement to be suff icient and fair , the court shall
48 certify to the secretary of state that statement and order it to appear on the
49 ballot. If the court finds the second revised summary statement to be
50 insuf ficient or unfair , the court may of fer suggested revisions for the statement
51 to remedy the legal flaws, but it shall, in its decision, order the secretary of
52 state to write a third revised summary statement that is suf ficient and fair .
53 (d) The secretary of state shall submit a third revised summary
54 statement to the court within three days. If, after submission to the court of a
55 third revised summary statement by the secretary of state, the court finds the
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56 third revised summary statement to be suff icient and fair , the court shall certify
57 to the secretary of state that statement and order it to appear on the ballot. If
58 the court finds the third revised summary statement to be insuf ficient or unfair ,
59 or if the secretary of state neglects or refuses to submit any of the revised
60 summary statements within the times mandated by this subdivision when so
61 ordered, the court shall revise the summary statement in a manner that is
62 suf ficient and fair and order the secretary of state to place that summary
63 statement on the ballot with the measure.
64 (e) During all revisions as provided in this subdivision, the case shall
65 remain open.
66 (f) Any nonprevailing party may make appeals as provided by law
67 only following:
68 a. The finding of the circuit court that a summary statement was
69 suf ficient and fair; or
70 b. The circuit court ordering its own summary statement to be placed
71 on the ballot pursuant to paragraph (d) of this subdivision.
72 (g) Any action brought pursuant to this section challenging a statewide
73 ballot measure appearing on the ballot at an election called by the governor
74 pursuant to Article XII, Section 2(b), Missouri Constitution, whether at the
75 primary election or at a special election, or at a special election for a
76 referendum petition measure called by the general assembly pursuant to
77 Article III, Section 52(b), Missouri Constitution, shall be expedited by the
78 court to bring a resolution of the matter prior to the printing of ballots. The
79 court may shorten any timeframe under this section to achieve this purpose.
80 (3) Insofar as the action challenges the fiscal note or the fiscal note
81 summary portion of the of ficial ballot title, the court shall consider the
82 petition, hear ar guments, and in its decision, either certify the fiscal note or the
83 fiscal note summary portion of the of ficial ballot title to the secretary of state
84 or remand the fiscal note or the fiscal note summary to the auditor for
85 preparation of a new fiscal note or fiscal note summary pursuant to the
86 procedures set forth in section 1 16.175. Any party to the suit may appeal to
87 the supreme court within ten days after a circuit court decision pursuant to this
88 subdivision.
89 5. Any action brought under this section that is not fully and finally
90 adjudicated within one hundred eighty days of filing, and more than seventy
91 days prior to election in which the measure is to appear , including all appeals,
92 shall be extinguished, unless a court extends such period upon a finding of
93 good cause for such extension. Such good cause shall consist only of court-
94 related scheduling issues and shall not include requests for continuance by the
95 parties. ]
1 16.190. 1. Any citizen who wishes to challenge the official ballot title or the fiscal
2 note prepared for a proposed constitutional amendment submitted by the general assembly , by
3 initiative petition, or by constitutional convention, or for a statutory initiative or referendum
4 measure, may bring an action in the circuit court of Cole County . The action [ must ] shall be
5 brought within ten days after the of ficial ballot title is certified by the secretary of state in
6 accordance with the provisions of this chapter in the case of an initiative petition, and not
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7 later than the twenty-second T uesday prior to the general election at which the ballot
8 measur e will be submitted to the voters, in the case of all other statewide ballot
9 measur es .
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 [ and shall request a dif ferent summary
19 statement portion of the of ficial ballot title ]. Alternatively , the petition shall state the reasons
20 why the fiscal note or the fiscal note summary portion of the of ficial ballot title is insuf ficient
21 or unfair and shall request a dif ferent fiscal note or fiscal note summary portion of the of ficial
22 ballot title.
23 4. (1) The action shall be placed at the top of the civil docket.
24 (2) (a) Insofar as the action challenges the summary statement portion of the of ficial
25 ballot title, the court shall consider the petition, hear arg uments, and in its decision certify the
26 summary statement portion of the of ficial ballot title to the secretary of state as originally
27 written if the court finds the summary statement to be sufficient and fair . If the court
28 finds the summary statement to be insufficient or unfair , the court may offer suggested
29 r evisions for the summary statement to r emedy the legal flaws, but it shall, in its
30 decision, order the secr etary of state to write a first r evised summary statement that is
31 sufficient and fair .
32 (b) The secr etary of state shall submit a first r evised summary statement to the
33 court within seven days if the action was originated in a year ending in an odd number ,
34 but within thr ee days if the action was originated in a year ending with an even number .
35 If, after submission to the court of a first r evised summary statement by the secr etary of
36 state, the court finds the first revised summary statement to be sufficient and fair , the
37 court shall certify to the secr etary of state that statement and order it to appear on the
38 ballot. If the court finds the first revised summary statement to be insufficient or unfair ,
39 the court may offer suggested revi sions for the statement to r emedy the legal flaws, but
40 it shall, in its decision, order the secr etary of state to write a second r evised summary
41 statement that is sufficient and fair .
42 (c) The secr etary of state shall submit a second revised summary statement to
43 the court within five days if the action was originated in a year ending in an odd
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44 number , but within two days if the action was originated in a year ending with an even
45 number . If, after submission to the court of a second revised summary statement by the
46 secr etary of state, the court finds the second rev ised summary statement to be sufficient
47 and fair , the court shall certify to the secr etary of state that statement and order it to
48 appear on the ballot. If the court finds the second revi sed summary statement to be
49 insufficient or unfair , the court may offer suggested r evisions for the statement to
50 r emedy the legal flaws, but it shall, in its decision, order the secr etary of state to write a
51 third r evised summary statement that is sufficient and fair .
52 (d) The secr etary of state shall submit a third revised summary statement to the
53 court within thr ee days if the action was originated in a year ending in an odd number ,
54 but within one day if the action was originated in a year ending in an even number . If,
55 after submission to the court of a third revi sed summary statement by the secr etary of
56 state, the court finds the third r evised summary statement to be sufficient and fair , the
57 court shall certify to the secr etary of state that statement and order it to appear on the
58 ballot. If the court finds the third r evised summary statement to be insufficient or
59 unfair , or if the secr etary of state neglects or ref uses to submit any of the r evised
60 summary statements within the times mandated by this subdivision when so order ed,
61 the court shall revise the summary statement in a manner that is sufficient and fair and
62 order the secr etary of state to place that summary statement on the ballot with the
63 measur e.
64 (e) During all revision s as pro vided in this subdivision, the case shall r emain
65 open.
66 (f) Any nonpre vailing party may make appeals as pr ovided by law only
67 following:
68 a. The finding of the circui t court that a summary statement was sufficient and
69 fair; or
70 b. The cir cuit court ordering its own summary statement to be placed on the
71 ballot pursuant to paragraph (d) of this subdivision.
72 (g) a. In any appeal of any decision of a circui t court finding a summary
73 statement to be sufficient and fair pursuant to this subdivision, if the appellate court
74 concludes that the summary statement was in fact insufficient or unfair , the appellate
75 court shall rem and the summary statement to the circu it for further proceed ings
76 consistent with this subdivision. If the appellate court finds the summary statement
77 insufficient or unfair , the court may offer suggested revision s for the summary
78 statement to rem edy the legal flaws, but the appellate court shall not have authority to
79 itself modify or r ewrite the summary statement. No other reli ef shall issue fr om an
80 appellate court on a challenge to a circu it court's decision that a summary statement is
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81 insufficient and unfair besides rem anding the judgment to the cir cuit court for further
82 pr oceedings consistent with this section.
83 b. Notwithstanding subparagraph a. of this paragraph to the contrary , if an
84 action brou ght under this section has not been fully and finally adjudicated within one
85 hundr ed fifty-two days of filing, or if ther e are less than ninety-eight days until the
86 election at which the measur e is to appear , the pr ovisions of subparagraph a. of this
87 paragraph requ iring the appellate court to r emand the summary statement to the
88 cir cuit court shall not apply and an appeal to the suprem e court shall be permitted. If,
89 upon such appeal, the supr eme court finds the summary statement insufficient or unfair ,
90 the court may offer suggested r evisions for the summary statement to r emedy the legal
91 flaws, but the supr eme court shall not have authority to itself modify or rewrite the
92 summary statement. No other r elief shall issue fr om the suprem e court on a challenge to
93 a circu it court's decision that a summary statement is sufficient and fair besides
94 r emanding the judgment to the cir cuit court for further pr oceedings consistent with this
95 section.
96 (h) Any action brou ght pursuant to this section challenging a statewide ballot
97 measur e appearing on the ballot at an election called by the governor pursuant to
98 Article XII, Section 2(b), Missouri Constitution, whether at the primary election or at a
99 special election, or at a special election for a ref eren dum petition measur e called by the
100 general assembly pursuant to Article III, Section 52(b), Missouri Constitution, shall be
101 expedited by the court to bring a res olution of the matter prior to the printing of ballots.
102 The court may shorten any timeframe under this section to achieve this purpose.
103 (3) Insofar as the action challenges the fiscal note or the fiscal note summary portion
104 of the of ficial ballot title, the court shall consider the petition, hear argu ments, and in its
105 decision, either certify the fiscal note or the fiscal note summary portion of the of ficial ballot
106 title to the secretary of state or remand the fiscal note or the fiscal note summary to the auditor
107 for preparation of a new fiscal note or fiscal note summary pursuant to the procedures set
108 forth in section 1 16.175. Any party to the suit may appeal to the supreme court within ten
109 days after a circuit court decision pursuant to this subdivision . [In making the legal notice
110 to election authorities under section 1 16.240, and for the purposes of section 1 16.180, the
111 secretary of state shall certify the language which the court certifies to him.]
112 5. Any action brought under this section that is not fully and finally adjudicated
113 within one hundred eighty days of filing, and more than [ fifty-six ] seventy days prior to the
114 election in which the measure is to appear , including all appeals, shall be extinguished, unless
115 a court extends such period upon a finding of good cause for such extension. Such good
116 cause shall consist only of court-related scheduling issues and shall not include requests for
117 continuance by the parties.
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[ 1 16.334 . 1. If the petition form is approved, the secretary of state
2 shall make a copy of the sample petition available on the secretary of state's
3 website. For a period of fifteen days after the petition is approved as to form,
4 the secretary of state shall accept public comments regarding the proposed
5 measure and provide copies of such comments upon request. W ithin twenty-
6 three days of receipt of such approval, the secretary of state shall prepare and
7 transmit to the attorney general a summary statement of the measure which
8 shall be a concise statement not exceeding one hundred words. This statement
9 shall be in the form of a question using language neither intentionally
10 ar gumentative nor likely to create prejudice either for or against the proposed
11 measure. The attorney general shall within ten days approve the legal content
12 and form of the proposed statement.
13 2. Signatures obtained prior to the date the of ficial ballot title is
14 certified by the secretary of state shall not be counted. Once the secretary of
15 state certifies the of ficial ballot title, signatures may be collected, even if the
16 ballot title is subject to an action in court challenging the suf ficiency and
17 fairness of the ballot title. If a court orders a change that alters the content of
18 the of ficial ballot title, then all signatures gathered before such change
19 occurred shall not be invalidated based upon the fact that one or more
20 signatures were gathered prior to the alteration of the of ficial ballot title,
21 regardless of whether those signatures were gathered on petition pages that
22 displayed what was previously the of ficial ballot title as certified by the
23 secretary of state. Nothing in this subsection shall prohibit the invalidation of a
24 signature for a reason otherwise allowed by this chapter .
25 3. Signatures for statutory initiative petitions shall be filed not later
26 than six months prior to the general election during which the petition's ballot
27 measure is submitted for a vote, and shall also be collected not earlier than the
28 day after the day upon which the previous general election was held. ]
1 16.334. 1. If the petition form is approved, the secretary of state shall make a copy
2 of the sample petition available on the secretary of state's website. For a period of fifteen
3 days after the petition is approved as to form, the secretary of state shall accept public
4 comments regarding the proposed measure and provide copies of such comments upon
5 request. W ithin twenty-three days of receipt of such approval, the secretary of state shall
6 prepare and transmit to the attorney general a summary statement of the measure which shall
7 be a concise statement not exceeding one hundred words. This statement shall be in the form
8 of a question using language neither intentionally ar gumentative nor likely to create prejudice
9 either for or against the proposed measure. The attorney general shall within ten days
10 approve the legal content and form of the proposed statement.
11 2. Signatures obtained prior to the date the of ficial ballot title is certified by the
12 secretary of state shall not be counted. Once the secr etary of state certifies the official
13 ballot title, signatures may be collected, even if the ballot title is subject to an action in
14 court challenging the sufficiency and fairness of the ballot title. If a court orders a
15 change that alters the content of the official ballot title, then all signatures gather ed
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16 befor e such change occurr ed shall not be invalidated based upon the fact that one or
17 mor e signatur es wer e gathered prior to the alteration of the official ballot title,
18 r egardless of whether those signatur es were gathered on petition pages that displayed
19 what was pr eviously the official ballot title as certified by the secr etary of state. Nothing
20 in this subsection shall pr ohibit the invalidation of a signature for a r eason otherwise
21 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.
✔
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