Read the full stored bill text
EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 935
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR CIERPIOT.
3347S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 116.190 and 116.334, RSMo, and to enact in lieu thereof two new sections
relating to ballot measures.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 116.190 and 116.334, RSMo, are 1
repealed and two new sections enacted in lieu thereof, to be 2
known as sections 116.190 and 116.334, to read as follows:3
116.190. 1. Any citizen who wishes to challenge the 1
official ballot title or the fiscal note prepared for a 2
proposed constitutional amendment submitted by the general 3
assembly, by initiative petition, or by constitutional 4
convention, or for a statutory initiative or referendum 5
measure, may bring an action in the circuit court of Cole 6
County. The action shall be brought within ten days after 7
the official ballot title is certified by the secretary of 8
state in accordance with the provisions of this chapter, in 9
the case of an initiative petition and not later than the 10
twenty-second Tuesday prior to the general election at which 11
the ballot measure will be submitted to the voters, in the 12
case of all other statewide ballot measures. 13
2. The secretary of state shall be named as a party 14
defendant in any action challenging the official ballot 15
title prepared by the secretary of state. When the action 16
challenges the fiscal note or the fiscal note summary 17
SB 935 2
prepared by the auditor, the state auditor shall also be 18
named as a party defendant. The president pro tem of the 19
senate, the speaker of the house and the sponsor of the 20
measure and the secretary of state shall be the named party 21
defendants in any action challenging the official summary 22
statement, fiscal note or fiscal note summary prepared 23
pursuant to section 116.155. 24
3. The petition shall state the reason or reasons why 25
the summary statement portion of the official ballot title 26
is insufficient or unfair or, in the case of an initiative 27
petition, incomplete, unconcise, unclear, and inaccurate. 28
Alternatively, the petition shall state the reasons why the 29
fiscal note or the fiscal note summary portion of the 30
official ballot title is insufficient or unfair and shall 31
request a different fiscal note or fiscal note summary 32
portion of the official ballot title. 33
4. (1) The action shall be placed at the top of the 34
civil docket. 35
(2) (a) Insofar as the action challenges the summary 36
statement portion of the official ballot title, the court 37
shall consider the petition, hear arguments, and in its 38
decision certify the summary statement portion of the 39
official ballot title to the secretary of state as 40
originally written if the court finds the summary statement 41
to be sufficient and fair or, in the case of an initiative 42
petition, complete, concise, clear, and accurate. If the 43
court finds the summary statement to be insufficient or 44
unfair or, in the case of an initiative petition, 45
incomplete, unconcise, unclear, and inaccurate, the court 46
may offer suggested revisions for the summary statement to 47
remedy the legal flaws, but it shall, in its decision, order 48
the secretary of state to write a first revised summary 49
SB 935 3
statement that is sufficient and fair or, in the case of an 50
initiative petition, complete, concise, clear, and accurate. 51
(b) The secretary of state shall submit a first 52
revised summary statement to the court within seven days. 53
If, after submission to the court of a first revised summary 54
statement by the secretary of state, the court finds the 55
first revised summary statement to be sufficient and fair 56
or, in the case of an initiative petition, complete, 57
concise, clear, and accurate, the court shall certify to the 58
secretary of state that statement and order it to appear on 59
the ballot. If the court finds the first revised summary 60
statement to be insufficient or unfair or, in the case of an 61
initiative petition, incomplete, unconcise, unclear, or 62
inaccurate, the court may offer suggested revisions for the 63
statement to remedy the legal flaws, but it shall, in its 64
decision, order the secretary of state to write a second 65
revised summary statement that is sufficient and fair or, in 66
the case of an initiative petition, complete, concise, 67
clear, and accurate. 68
(c) The secretary of state shall submit a second 69
revised summary statement to the court within five days. 70
If, after submission to the court of a second revised 71
summary statement by the secretary of state, the court finds 72
the second revised summary statement to be sufficient and 73
fair or, in the case of an initiative petition, complete, 74
concise, clear, and accurate, the court shall certify to the 75
secretary of state that statement and order it to appear on 76
the ballot. If the court finds the second revised summary 77
statement to be insufficient or unfair or, in the case of an 78
initiative petition, incomplete, unconcise, unclear, and 79
inaccurate, the court may offer suggested revisions for the 80
statement to remedy the legal flaws, but it shall, in its 81
SB 935 4
decision, order the secretary of state to write a third 82
revised summary statement that is sufficient and fair or, in 83
the case of an initiative petition, complete, concise, 84
clear, and accurate. 85
(d) The secretary of state shall submit a third 86
revised summary statement to the court within three days. 87
If, after submission to the court of a third revised summary 88
statement by the secretary of state, the court finds the 89
third revised summary statement to be sufficient and fair 90
or, in the case of an initiative petition, complete, 91
concise, clear, and accurate, the court shall certify to the 92
secretary of state that statement and order it to appear on 93
the ballot. If the court finds the third revised summary 94
statement to be insufficient or unfair or, in the case of an 95
initiative petition, incomplete, unconcise, unclear, and 96
inaccurate, or if the secretary of state neglects or refuses 97
to submit any of the revised summary statements within the 98
times mandated by this subdivision when so ordered, the 99
court shall revise the summary statement in a manner that is 100
sufficient and fair or, in the case of an initiative 101
petition, complete, concise, clear, and accurate and order 102
the secretary of state to place that summary statement on 103
the ballot with the measure. 104
(e) During all revisions as provided in this 105
subdivision, the case shall remain open. 106
(f) Any nonprevailing party may make appeals as 107
provided by law only following: 108
a. The finding of the circuit court that a summary 109
statement was sufficient and fair or, in the case of an 110
initiative petition, complete, concise, clear, and accurate; 111
or 112
SB 935 5
b. The circuit court ordering its own summary 113
statement to be placed on the ballot pursuant to paragraph 114
(d) of this subdivision. 115
(g) Any action brought pursuant to this section 116
challenging a statewide ballot measure appearing on the 117
ballot at an election called by the governor pursuant to 118
Article XII, Section 2(b), Missouri Constitution, whether at 119
the primary election or at a special election, or at a 120
special election for a referendum petition measure called by 121
the general assembly pursuant to Article III, Section 52(b), 122
Missouri Constitution, shall be expedited by the court to 123
bring a resolution of the matter prior to the printing of 124
ballots. The court may shorten any timeframe under this 125
section to achieve this purpose. 126
(h) If at any time a court finds that a summary 127
statement for an initiative petition is not complete, 128
concise, clear, and accurate and that a complete, concise, 129
clear, and accurate statement cannot possibly be written in 130
one hundred or less words due to a violation of the single 131
subject requirement in Article III, Section 50, of the 132
Missouri Constitution, the court shall enjoin the measure 133
from being circulated for further signatures or, in the 134
event that the measure has been certified to be placed on 135
the ballot, the court shall enjoin the secretary of state 136
from certifying the measure and all other officers from 137
printing the measure on the ballot. 138
(3) Insofar as the action challenges the fiscal note 139
or the fiscal note summary portion of the official ballot 140
title, the court shall consider the petition, hear 141
arguments, and in its decision, either certify the fiscal 142
note or the fiscal note summary portion of the official 143
ballot title to the secretary of state or remand the fiscal 144
SB 935 6
note or the fiscal note summary to the auditor for 145
preparation of a new fiscal note or fiscal note summary 146
pursuant to the procedures set forth in section 116.175. 147
Any party to the suit may appeal to the supreme court within 148
ten days after a circuit court decision pursuant to this 149
subdivision. 150
5. Any action brought under this section that is not 151
fully and finally adjudicated within one hundred eighty days 152
of filing, and more than seventy days prior to election in 153
which the measure is to appear, including all appeals, shall 154
be extinguished, unless a court extends such period upon a 155
finding of good cause for such extension. Such good cause 156
shall consist only of court-related scheduling issues and 157
shall not include requests for continuance by the parties. 158
116.334. 1. If the petition form is approved, the 1
secretary of state shall make a copy of the sample petition 2
available on the secretary of state's website. For a period 3
of fifteen days after the petition is approved as to form, 4
the secretary of state shall accept public comments 5
regarding the proposed measure and provide copies of such 6
comments upon request. Within twenty-three days of receipt 7
of such approval, the secretary of state shall prepare and 8
transmit to the attorney general a summary statement of the 9
measure which shall be a complete, concise, clear, and 10
accurate statement not exceeding one hundred words. This 11
statement shall be in the form of a question using language 12
neither intentionally argumentative nor likely to create 13
prejudice either for or against the proposed measure. The 14
attorney general shall within ten days approve the legal 15
content and form of the proposed statement. 16
2. Signatures obtained prior to the date the official 17
ballot title is certified by the secretary of state shall 18
SB 935 7
not be counted. Once the secretary of state certifies the 19
official ballot title, signatures may be collected, even if 20
the ballot title is subject to an action in court 21
challenging the [sufficiency and fairness of the] ballot 22
title pursuant to section 116.190. If a court orders a 23
change that alters the content of the official ballot title, 24
then all signatures gathered before such change occurred 25
shall not be invalidated based upon the fact that one or 26
more signatures were gathered prior to the alteration of the 27
official ballot title, regardless of whether those 28
signatures were gathered on petition pages that displayed 29
what was previously the official ballot title as certified 30
by the secretary of state. Nothing in this subsection shall 31
prohibit the invalidation of a signature for a reason 32
otherwise allowed by this chapter. 33
3. Signatures for statutory initiative petitions shall 34
be filed not later than six months prior to the general 35
election during which the petition's ballot measure is 36
submitted for a vote, and shall also be collected not 37
earlier than the day after the day upon which the previous 38
general election was held. 39
✓