Bill Text: MO HB117 | 2013 | Regular Session | Engrossed
Bill Title: Changes the laws regarding initiative and referendum petitions
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-07-01 - Delivered to Secretary of State (G) [HB117 Detail]
Download: Missouri-2013-HB117-Engrossed.html
FIRST REGULAR SESSION
[PERFECTED]
HOUSE COMMITTEE SUBSTITUTE FOR
97TH GENERAL ASSEMBLY
0321H.09P D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 116.030, 116.040, 116.080, 116.090, 116.190, 116.332, and 116.334, RSMo, and to enact in lieu thereof nine new sections relating to initiative and referendum petitions, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 116.030, 116.040, 116.080, 116.090, 116.190, 116.332, and 116.334, RSMo, are repealed and nine new sections enacted in lieu thereof, to be known as sections 116.030, 116.040, 116.080, 116.090, 116.115, 116.153, 116.190, 116.332, and 116.334, to read as follows:
116.030. The following shall be substantially the form of each page of referendum petitions on any law passed by the general assembly of the state of Missouri:
County ............................
Page No. ..........................
It is a class A misdemeanor punishable, notwithstanding the provisions of section 560.021, RSMo, to the contrary, for a term of imprisonment not to exceed one year in the county jail or a fine not to exceed ten thousand dollars or both, for anyone to sign any referendum petition with any name other than his or her own, or knowingly to sign his or her name more than once for the same measure for the same election, or to sign a petition when such person knows he or she is not a registered voter.
PETITION FOR REFERENDUM
To the Honorable .........., Secretary of State for the state of Missouri:
We, the undersigned, registered voters of the state of Missouri and .......... County (or city of St. Louis), respectfully order that the Senate (or House) Bill No. .... entitled (title of law), passed by the .......... general assembly of the state of Missouri, at the .......... regular (or special) session of the ......... general assembly, shall be referred to the voters of the state of Missouri, for their approval or rejection, at the general election to be held on the ...... day of .........., ....., unless the general assembly shall designate another date, and each for himself or herself says: I have personally signed this petition; I am a registered voter of the state of Missouri and .......... County (or city of St. Louis); my registered voting address and the name of the city, town or village in which I live are correctly written after my name. Ballot title goes here. ....................
CIRCULATOR’S AFFIDAVIT
State Of Missouri, County Of ....................
I, ..................., being first duly sworn, say (print or type names of signers) ___________________________________________________________________________
REGISTERED VOTING
NAME DATE ADDRESS ZIP CONGR. NAME
(Signature) SIGNED (Street)(City, CODE DIST. (Printed
Town or Village) or Typed)
(Here follow numbered lines for signers)
___________________________________________________________________________
signed this page of the foregoing petition, and each of them signed his or her name thereto in my presence; I believe that each has stated his or her name, registered voting address and city, town or village correctly, and that each signer is a registered voter of the state of Missouri and .......... County.
FURTHERMORE, I HEREBY SWEAR OR AFFIRM UNDER PENALTY OF PERJURY THAT ALL STATEMENTS MADE BY ME ARE TRUE AND CORRECT AND THAT I HAVE NEVER BEEN CONVICTED OF, FOUND GUILTY OF, OR PLED GUILTY TO ANY OFFENSE INVOLVING FORGERY.
I am at least 18 years of age. I do .... do not .... (check one) expect to be paid for circulating this petition. If paid, list the payer ..........
...............................
Signature of Affiant
(Person obtaining signatures)
(Printed Name of Affiant)
...............................
Address of Affiant Subscribed and sworn to before me this ...... day of .........., A.D. .... ...............................
Signature of Notary
Address of Notary Notary Public (Seal) My commission expires ................................ If this form is followed substantially and the requirements of section 116.050 and section 116.080 are met, it shall be sufficient, disregarding clerical and merely technical errors.
116.040. The following shall be substantially the form of each page of each petition for any law or amendment to the Constitution of the state of Missouri proposed by the initiative:
County ..........................
Page No. ........................
It is a class A misdemeanor punishable, notwithstanding the provisions of section 560.021, RSMo, to the contrary, for a term of imprisonment not to exceed one year in the county jail or a fine not to exceed ten thousand dollars or both, for anyone to sign any initiative petition with any name other than his or her own, or knowingly to sign his or her name more than once for the same measure for the same election, or to sign a petition when such person knows he or she is not a registered voter.
INITIATIVE PETITION
To the Honorable .........., Secretary of State for the state of Missouri:
We, the undersigned, registered voters of the state of Missouri and .......... County (or city of St. Louis), respectfully order that the following proposed law (or amendment to the constitution) shall be submitted to the voters of the state of Missouri, for their approval or rejection, at the general election to be held on the ........ day of .........., ....., and each for himself or herself says: I have personally signed this petition; I am a registered voter of the state of Missouri and ........ County (or city of St. Louis); my registered voting address and the name of the city, town or village in which I live are correctly written after my name. Ballot title goes here. ....................
CIRCULATOR’S AFFIDAVIT
State Of Missouri, County Of ....................
I, ..................., being first duly sworn, say (print or type names of signers) ___________________________________________________________________________
REGISTERED VOTING
NAME DATE ADDRESS ZIP CONGR. NAME
(Signature) SIGNED (Street)(City, CODE DIST. (Printed
Town or Village) or Typed)
(Here follow numbered lines for signers)
___________________________________________________________________________
signed this page of the foregoing petition, and each of them signed his or her name thereto in my presence; I believe that each has stated his or her name, registered voting address and city, town or village correctly, and that each signer is a registered voter of the state of Missouri and .......... County.
FURTHERMORE, I HEREBY SWEAR OR AFFIRM UNDER PENALTY OF PERJURY THAT ALL STATEMENTS MADE BY ME ARE TRUE AND CORRECT AND THAT I HAVE NEVER BEEN CONVICTED OF, FOUND GUILTY OF, OR PLED GUILTY TO ANY OFFENSE INVOLVING FORGERY.
I am at least 18 years of age. I do .... do not .... (check one) expect to be paid for circulating this petition. If paid, list the payer ..........
.........................
Signature of Affiant
(Person obtaining signatures)
(Printed Name of Affiant)
.........................
Address of Affiant Subscribed and sworn to before me this ...... day of ......., A.D. ....
.........................
Signature of Notary
Address of Notary Notary Public (Seal) My commission expires ................................ If this form is followed substantially and the requirements of section 116.050 and section 116.080 are met, it shall be sufficient, disregarding clerical and merely technical errors.
116.080. 1. Each petition circulator shall be at least eighteen years of age and registered with the secretary of state. No person shall qualify as a petition circulator who has been convicted of, found guilty of, or pled guilty to an offense involving forgery under the laws of this state or an offense under the laws of any other jurisdiction if that offense would be considered forgery under the laws of this state [Signatures collected by any circulator who has not registered with the secretary of state pursuant to this chapter on or before 5:00 p.m. on the final day for filing petitions with the secretary of state shall not be counted.
2. Each petition circulator shall supply the following information to the secretary of state's office:
(1) Name of petition;
(2) Name of circulator;
(3) Residential address, including street number, city, state and zip code;
(4) Mailing address, if different;
(5) Have you been or do you expect to be paid for soliciting signatures for this petition?
□ YES □ NO;
(6) If the answer to subdivision (5) is yes, then identify the payor;
(7) Signature of circulator.
3. The circulator information required in subsection 2 of this section shall be submitted to the secretary of state's office with the following oath and affirmation:
I HEREBY SWEAR OR AFFIRM UNDER PENALTY OF PERJURY THAT ALL STATEMENTS MADE BY ME ARE TRUE AND CORRECT].
[4.] 2. Each petition circulator shall subscribe and swear to the proper affidavit on each petition page such circulator submits before a notary public commissioned in Missouri. When notarizing a circulator's signature, a notary public shall sign his or her official signature and affix his or her official seal to the affidavit only if the circulator personally appears before the notary and subscribes and swears to the affidavit in his or her presence.
[5.] 3. Any circulator who falsely swears to a circulator's affidavit knowing it to be false is guilty of a class A misdemeanor punishable, notwithstanding the provisions of section 560.021 to the contrary, for a term of imprisonment not to exceed one year in the county jail or a fine not to exceed ten thousand dollars or both.
116.090. 1. Any person who knowingly signs any name other than his own to any petition[, or] with the intent to alter the outcome shall, upon conviction thereof, be guilty of a misdemeanor punishable by a term of imprisonment not to exceed one year in the county jail, by a fine not to exceed ten thousand dollars, or both such imprisonment and fine.
2. Any person who knowingly signs his or her name more than once for the same measure for the same election, or who knows he or she is not at the time of signing or circulating the same a Missouri registered voter and a resident of this state, shall, upon conviction thereof, be guilty of a class A misdemeanor punishable, notwithstanding the provisions of section 560.021 to the contrary, for a term of imprisonment not to exceed one year in the county jail or a fine not to exceed ten thousand dollars or both.
[2.] 3. Any person who knowingly accepts or offers money or anything of value to another person in exchange for a signature on a petition is guilty of a class A misdemeanor punishable, notwithstanding the provisions of section [560.021] 560.016 to the contrary, for a term of imprisonment not to exceed one year in the county jail or a fine not to exceed ten thousand dollars or both.
4. (1) A person commits the crime of intentional misrepresentation of a petition if the person knowingly and fraudulently gathers signatures for a petition under this chapter. As used in this subsection, “fraudulently gathers signatures” means:
(a) Causing a voter to sign a petition other than the one the voter intended to sign; or
(b) Forging or falsifying signatures.
(2) Notwithstanding provisions of section 560.016 to the contrary, intentional misrepresentation of a petition is a class one election offense, as defined in section 115.631.
5. (1) A person commits the crime of malicious obstruction of the signing of a petition if the person maliciously intimidates, obstructs, or otherwise prevents a voter from signing a petition under this chapter, or if the person attempts to intimidate, obstruct, or otherwise prevent a voter from signing a petition under this chapter.
(2) Notwithstanding provisions of section 560.016 to the contrary, malicious obstruction of the signing of a petition is a misdemeanor punishable by a term of imprisonment not to exceed one year in county jail, by a fine not to exceed ten thousand dollars, or both such imprisonment and fine.
(3) No reasonable effort to inform or educate a potential signer of a petition shall be construed to be malicious obstruction of the signing of a petition under this section.
116.115. Any person who submits a sample sheet to or files an initiative petition with the secretary of state may withdraw the petition upon written notice to the secretary of state. If such notice is submitted to the secretary of state, the proposed petition shall no longer be circulated by any person, committee, or other entity. The secretary of state shall vacate the certification of the official ballot title within three days of receiving notice of the withdrawal.
116.153. Within thirty days of issuing certification that the petition contains a sufficient number of valid signatures pursuant to section 116.150, the joint committee on legislative research shall hold a public hearing in Jefferson City to take public comments concerning the proposed measure. Such hearing shall be a public meeting under chapter 610. Within five business days after the end of the public hearing, the joint committee on legislative research shall provide a summary of the hearing to the secretary of state or his or her designee and the secretary of state shall post a copy of the summary on the website of the office of the secretary of state.
116.190. 1. Any citizen who wishes to challenge the official ballot title or the fiscal note prepared for a proposed constitutional amendment submitted by the general assembly, by initiative petition, or by constitutional convention, or for a statutory initiative or referendum measure, may bring an action in the circuit court of Cole County. The action must be brought within ten days after the official ballot title is certified by the secretary of state in accordance with the provisions of this chapter.
2. The secretary of state shall be named as a party defendant in any action challenging the official ballot title prepared by the secretary of state. When the action challenges the fiscal note or the fiscal note summary prepared by the auditor, the state auditor shall also be named as a party defendant. The president pro tem of the senate, the speaker of the house and the sponsor of the measure and the secretary of state shall be the named party defendants in any action challenging the official summary statement, fiscal note or fiscal note summary prepared pursuant to section 116.155.
3. The petition shall state the reason or reasons why the summary statement portion of the official ballot title is insufficient or unfair and shall request a different summary statement portion of the official ballot title. Alternatively, the petition shall state the reasons why the fiscal note or the fiscal note summary portion of the official ballot title is insufficient or unfair and shall request a different fiscal note or fiscal note summary portion of the official ballot title.
4. The action shall be placed at the top of the civil docket. Insofar as the action challenges the summary statement portion of the official ballot title, the court shall consider the petition, hear arguments, and in its decision certify the summary statement portion of the official ballot title to the secretary of state. Insofar as the action challenges the fiscal note or the fiscal note summary portion of the official ballot title, the court shall consider the petition, hear arguments, and in its decision, either certify the fiscal note or the fiscal note summary portion of the official ballot title to the secretary of state or remand the fiscal note or the fiscal note summary to the auditor for preparation of a new fiscal note or fiscal note summary pursuant to the procedures set forth in section 116.175. Any party to the suit may appeal to the supreme court within ten days after a circuit court decision. In making the legal notice to election authorities under section 116.240, and for the purposes of section 116.180, the secretary of state shall certify the language which the court certifies to him.
5. Any action brought under this section that is not fully and finally adjudicated within one hundred eighty days of filing, including all appeals, shall be extinguished, unless a court extends such period upon a finding of good cause for such extension. Such good cause shall consist only of court-related scheduling issues and shall not include requests for continuance by the parties.
116.332. 1. Before a constitutional amendment petition, a statutory initiative petition, or a referendum petition may be circulated for signatures, a sample sheet must be submitted to the secretary of state in the form in which it will be circulated. When a person submits a sample sheet of a petition he or she shall designate to the secretary of state the name and address of the person to whom any notices shall be sent pursuant to sections 116.140 and 116.180 and, if a committee or person, except the individual submitting the sample sheet, is funding any portion of the drafting or submitting of the sample sheet, the person submitting the sample sheet must submit a copy of the filed statement of committee organization required under subsection 5 of section 130.021 showing the date the statement was filed. The secretary of state shall refer a copy of the petition sheet to the attorney general for his approval and to the state auditor for purposes of preparing a fiscal note and fiscal note summary. The secretary of state and attorney general must each review the petition for sufficiency as to form and approve or reject the form of the petition, stating the reasons for rejection, if any.
2. Within two business days of receipt of any such sample sheet, the office of the secretary of state shall conspicuously post on its website the text of the proposed measure, a disclaimer stating that such text may not constitute the full and correct text as required under section 116.050, and the name of the person or organization submitting the sample sheet. The posting shall be removed within three days of either the withdrawal of the petition under section 116.115 or the rejection for any reason of the petition. The secretary of state’s failure to comply with this section shall be considered a violation under subsection 3 of section 610.027.
3. Upon receipt of a petition from the office of the secretary of state, the attorney general shall examine the petition as to form. If the petition is rejected as to form, the attorney general shall forward his or her comments to the secretary of state within ten days after receipt of the petition by the attorney general. If the petition is approved as to form, the attorney general shall forward his or her approval as to form to the secretary of state within ten days after receipt of the petition by the attorney general.
[3.] 4. The secretary of state shall review the comments and statements of the attorney general as to form and make a final decision as to the approval or rejection of the form of the petition. The secretary of state shall send written notice to the person who submitted the petition sheet of the approval within [thirty] fifteen days after submission of the petition sheet. The secretary of state shall send written notice if the petition has been rejected, together with reasons for rejection, within [thirty] fifteen days after submission of the petition sheet.
116.334. 1. If the petition form is approved, the secretary of state shall make a copy of the sample petition available on the secretary of state's website and refer a copy of the sample petition to the state auditor for purposes of preparing a fiscal note summary. For a period of fifteen days after the petition is initially certified, the secretary of state shall accept public comments regarding the proposed measure and provide copies of such comments upon request. Within [ten] twenty-three days of receipt of such initial certification, the secretary of state shall prepare and transmit to the attorney general a summary statement of the measure which shall be a concise statement not exceeding one hundred words. This statement shall be in the form of a question using language neither intentionally argumentative nor likely to create prejudice either for or against the proposed measure. The attorney general shall within ten days approve the legal content and form of the proposed statement.
2. Signatures obtained prior to the date the official ballot title is certified by the secretary of state shall not be counted.
3. Signatures for statutory initiative petitions shall be filed not later than six months prior to the general election during which the petition’s ballot measure is submitted for a vote, and shall also be collected not earlier than the day after the day upon which the previous general election was held.
Section B. The provisions of this act are severable. If any provision of this act is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions are valid except to the extent that the court finds the valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the will of the people.
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