Missouri Statute | Act | Code |Suffrage And Elections| US Code - US Statute

As used in this chapter, unless the context otherwise indicates,

(1) "County" means any one of the several counties of this state or the
city of St. Louis;

(2) "Election authority" means a county clerk or board of election
commissioners, as established by section 115.015, RSMo;

(3) "General election" means the first Tuesday after the first Monday in
November in even-numbered years;

(4) "Official ballot title" means the summary statement and fiscal note
summary prepared for all statewide ballot measures in accordance with the
provisions of this chapter which shall be placed on the ballot and, when
applicable, shall be the petition title for initiative or referendum
petitions;

(5) "Statewide ballot measure" means a constitutional amendment submitted
by initiative petition, the general assembly or a constitutional
convention; a statutory measure submitted by initiative or referendum
petition; the question of holding a constitutional convention; and a
constitution proposed by a constitutional convention;

(6) "Voter" means a person registered to vote in accordance with section
115.151, RSMo. (L. 1980 S.B. 658, A.L. 1997 S.B. 132)

This chapter shall apply to elections on statewide ballot
measures. The election procedures contained in chapter 115, RSMo, shall
apply to elections on statewide ballot measures, except to the extent
that the provisions of chapter 116 directly conflict, in which case
chapter 116 shall prevail, and except to the extent that a constitutional
convention's provisions under section 3(c) of article XII of the
constitution directly conflict, in which case the convention's provisions
shall prevail. (L. 1980 S.B. 658)

Effective 1-1-81

The secretary of state within twenty days of receiving a
statewide ballot measure shall prepare and transmit to the attorney
general fair ballot language statements that fairly and accurately
explain what a vote for and what a vote against the measure represent.
Each statement shall be posted in each polling place next to the sample
ballot. Such fair ballot language statements shall be true and impartial
statements of the effect of a vote for and against the measure in
language neither intentionally argumentative nor likely to create
prejudice for or against the proposed measure. In addition, such fair
ballot language shall include a statement as to whether the measure will
increase, decrease, or have no impact on taxes, including the specific
category of tax. Such fair ballot language statements may be challenged
in accordance with section 116.190. The attorney general shall within ten
days approve the legal content and form of the proposed statements. (L.
2003 H.B. 511)

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. 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.

...............................

Signature of Affiant

(Person obtaining signatures)

...............................

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 are met, it shall be sufficient,
disregarding clerical and merely technical errors. (L. 1980 S.B. 658,
A.L. 1986 H.B. 1471, et al., A.L. 1997 S.B. 132, A.L. 1999 H.B. 676)

Effective 6-16-99

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. 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.

.........................

Signature of Affiant

(Person obtaining

signatures)

.........................

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.
(L. 1980 S.B. 658, A.L. 1986 H.B. 1471, et al., A.L. 1997 S.B. 132, A.L.
1999 H.B. 676)

Effective 6-16-99

1. Initiative and referendum petitions filed under the
provisions of this chapter shall consist of pages of a uniform size. Each
page, excluding the text of the measure, shall be no larger than eight
and one-half by fourteen inches. Each page of an initiative petition
shall be attached to or shall contain a full and correct text of the
proposed measure. Each page of a referendum petition shall be attached to
or shall contain a full and correct text of the measure on which the
referendum is sought.

2. The full and correct text of all initiative and referendum petition
measures shall:

(1) Contain all matter which is to be deleted included in its proper
place enclosed in brackets and all new matter shown underlined;

(2) Include all sections of existing law or of the constitution which
would be repealed by the measure; and

(3) Otherwise conform to the provisions of article III, section 28 and
article III, section 50 of the constitution and those of this chapter.
(L. 1980 S.B. 658, A.L. 1997 S.B. 132)

Any registered voter of the state of Missouri may sign
initiative and referendum petitions. However, each page of an initiative
or referendum petition shall contain signatures of voters from only one
county. Each petition page filed with the secretary of state shall have
the county where the signers are registered designated in the upper
right- hand corner of such page. Signatures of voters from counties other
than the one designated by the circulator in the upper right-hand corner
on a given page shall not be counted as valid. (L. 1980 S.B. 658, A.L.
1999 H.B. 676)

Effective 6-16-99

When any voter wishes to sign an initiative or referendum
petition and is unable to sign his name, the circulator shall print the
required information on the petition. The voter shall then make his mark,
and the circulator shall attest to it by his signature. For purposes of
this chapter, all marks made and attested in accordance with this section
shall be considered signatures. (L. 1980 S.B. 658)

Effective 1-1-81

1. Each petition circulator shall be at least eighteen years of
age and registered with the secretary of 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. 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. 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, 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. (L. 1980 S.B. 658, A.L.
1999 H.B. 676)

Effective 6-16-99

1. Any person who signs any name other than his own to any
petition, or 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, 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.

2. 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, 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. (L. 1980 S.B. 658, A.L. 1999 H.B. 676)

Effective 6-16-99

The secretary of state shall not accept any referendum petition
submitted later than 5:00 p.m. on the final day for filing referendum
petitions. The secretary of state shall not accept any initiative
petition submitted later than 5:00 p.m. on the final day for filing
initiative petitions. All pages shall be submitted at one time. When an
initiative or referendum petition is submitted to the secretary of state,
the signature pages shall be in order and numbered sequentially by
county, except in counties that include multiple congressional districts,
the signatures may be ordered and numbered using an alternate numbering
scheme approved in writing by the secretary of state prior to submission
of the petition. Any petition that is not submitted in accordance with
this section, disregarding clerical and merely technical errors, shall be
rejected as insufficient. After verifying the count of signature pages,
the secretary of state shall issue a receipt indicating the number of
pages presented from each county. When a person submits a petition he or
she shall designate to the secretary of state the name and the address of
the person to whom any notices shall be sent under sections 116.140 and
116.180. (L. 1980 S.B. 658, A.L. 1983 S.B. 234, A.L. 1997 S.B. 132, A.L.
1999 H.B. 676)

Effective 6-16-99

Any voter who has signed an initiative or referendum petition
may withdraw his or her signature from that petition by submitting to the
secretary of state, before the petition is filed with the secretary of
state, a sworn statement requesting that his or her signature be
withdrawn and affirming the name of the petition signed, the name the
voter used when signing the petition, the address of the voter and the
county of residence. 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, to knowingly file a
false withdrawal statement with the secretary of state. (L. 1980 S.B.
658, A.L. 1999 H.B. 676)

Effective 6-16-99

1. When an initiative or referendum petition is submitted to the
secretary of state, he or she shall examine the petition to determine
whether it complies with the Constitution of Missouri and with this
chapter. Signatures on petition pages that have been collected by any
person who is not properly registered with the secretary of state as a
circulator shall not be counted as valid. Signatures on petition pages
that do not have the official ballot title affixed to the page shall not
be counted as valid. The secretary of state may verify the signatures on
the petition by use of random sampling. The random sample of signatures
to be verified shall be drawn in such a manner that every signature
properly filed with the secretary of state shall be given an equal
opportunity to be included in the sample. The process for establishing
the random sample and determining the statistically valid result shall be
established by the secretary of state. Such a random sampling shall
include an examination of five percent of the signatures.

2. If the random sample verification establishes that the number of valid
signatures is less than ninety percent of the number of qualified voters
needed to find the petition sufficient in a congressional district, the
petition shall be deemed to have failed to qualify in that district. In
finding a petition insufficient, the secretary of state does not need to
verify all congressional districts on each petition submitted if
verification of only one or more districts establishes the petition as
insufficient.

3. If the random sample verification establishes that the number of valid
signatures total more than one hundred ten percent of the number of
qualified voters needed to find the petition sufficient in a
congressional district, the petition shall be deemed to qualify in that
district.

4. If the random sampling shows the number of valid signatures within a
congressional district is within ninety to one hundred ten percent of the
number of signatures of qualified voters needed to declare the petition
sufficient in that district, the secretary of state shall order the
examination and verification of each signature filed. (L. 1980 S.B. 658,
A.L. 1988 S.B. 647, A.L. 1999 H.B. 676)

Effective 6-16-99

1. The secretary of state may send copies of petition pages to
election authorities to verify that the persons whose names are listed as
signers to the petition are registered voters. Such verification may
either be of each signature or by random sampling as provided in section
116.120, as the secretary shall direct. If copies of the petition pages
are sent to an election authority for verification, such copies shall be
sent pursuant to the following schedule:

(1) Copies of all pages from not less than one petition shall be received
in the office of the election authority not later than two weeks after
the petition is filed in the office of secretary of state;

(2) Copies of all pages of a total of three petitions shall be received
in the office of the election authority not later than three weeks after
the petition is filed in the office of the secretary of state;

(3) If more than three petitions are filed, all copies of petition pages,
including those petitions selected for verification by random sample
pursuant to section 116.120, shall be received in the office of the
election authority not later than the fourth week after the petition is
filed in the office of the secretary of state.

Each election authority shall check the signatures against voter
registration records in the election authority's jurisdiction, but the
election authority shall count as valid only the signatures of persons
registered as voters in the county named in the circulator's affidavit.
Signatures shall not be counted as valid if they have been struck through
or crossed out.

2. If the election authority is requested to verify the petition by
random sampling, such verification shall be completed and certified not
later than thirty days from the date that the election authority receives
the petition from the secretary of state. If the election authority is to
verify each signature, such verification must be completed, certified and
delivered to the secretary of state by 5:00 p.m. on the last Tuesday in
July prior to the election, or in the event of complete verification of
signatures after a failed random sample, full verification shall be
completed, certified and delivered to the secretary of state by 5:00 p.m.
on the last Tuesday in July or by 5:00 p.m. on the Friday of the fifth
week after receipt of the signatures by the local election authority,
whichever is later.

3. If the election authority or the secretary of state determines that
the congressional district number written after the signature of any
voter is not the congressional district of which the voter is a resident,
the election authority or the secretary of state shall correct the
congressional district number on the petition page. Failure of a voter to
give the voter's correct congressional district number shall not by
itself be grounds for not counting the voter's signature.

4. The election authority shall return the copies of the petition pages
to the secretary of state with annotations regarding any invalid or
questionable signatures which the election authority has been asked to
check by the secretary of state. The election authority shall verify the
number of pages received for that county, and also certify the total
number of valid signatures of voters from each congressional district
which the election authority has been asked to check by the secretary of
state.

5. The secretary of state is authorized to adopt rules to ensure uniform,
complete, and accurate checking of petition signatures either by actual
count or random sampling. No rule or portion of a rule promulgated
pursuant to this section shall become effective unless it has been
promulgated pursuant to the provisions of chapter 536, RSMo.

6. After a period of three years from the time of submission of the
petitions to the secretary of state, the secretary of state, if the
secretary determines that retention of such petitions is no longer
necessary, may destroy such petitions. (L. 1980 S.B. 658, A.L. 1988 S.B.
647, A.L. 1995 S.B. 3, A.L. 1997 S.B. 132, A.L. 1999 H.B. 676, A.L. 2003
S.B. 50)

Notwithstanding certifications from election authorities under
section 116.130, the secretary of state shall have authority not to count
signatures on initiative or referendum petitions which are, in his
opinion, forged or fraudulent signatures. (L. 1980 S.B. 658, A.L. 1988
S.B. 647)

Effective 6-6-88

1. After the secretary of state makes a determination on the
sufficiency of the petition and if the secretary of state finds it
sufficient, the secretary of state shall issue a certificate setting
forth that the petition contains a sufficient number of valid signatures
to comply with the Constitution of Missouri and with this chapter.

2. The secretary of state shall issue a certificate only for a petition
approved pursuant to section 116.332. If the secretary of state finds the
petition insufficient, the secretary of state shall issue a certificate
stating the reason for the insufficiency.

3. The secretary of state shall issue a certificate pursuant to this
section not later than 5:00 p.m. on the thirteenth Tuesday prior to the
general election or two weeks after the date the election authority
certifies the results of a petition verification pursuant to subsection 2
of section 116.130, whichever is later. (L. 1980 S.B. 658, A.L. 1985 H.B.
543, A.L. 1988 S.B. 647, A.L. 1999 H.B. 676)

Effective 6-16-99

1. The general assembly may include the official summary
statement and a fiscal note summary in any statewide ballot measure that
it refers to the voters.

2. The official summary statement approved by the general assembly shall,
taken together with the approved fiscal note summary, be the official
ballot title and such summary statement shall contain no more than fifty
words, excluding articles. The title shall be a true and impartial
statement of the purposes of the proposed measure in language neither
intentionally argumentative nor likely to create prejudice either for or
against the proposed measure.

3. The fiscal note summary approved by the general assembly shall contain
no more than fifty words, excluding articles, which shall summarize the
fiscal note prepared for the measure in language neither argumentative
nor likely to create prejudice for or against the proposed measure. (L.
1999 H.B. 676)

Effective 6-16-99

1. If the general assembly adopts a joint resolution proposing a
constitutional amendment or a bill without a fiscal note summary, which
is to be referred to a vote of the people, after receipt of such
resolution or bill the secretary of state shall promptly forward the
resolution or bill to the state auditor. If the general assembly adopts a
joint resolution proposing a constitutional amendment or a bill without
an official summary statement, which is to be referred to a vote of the
people, within twenty days after receipt of the resolution or bill, the
secretary of state shall prepare and transmit to the attorney general a
summary statement of the measure as the proposed summary statement. The
secretary of state may seek the advice of the legislator who introduced
the constitutional amendment or bill and the speaker of the house or the
president pro tem of the legislative chamber that originated the measure.
The summary statement may be distinct from the legislative title of the
proposed constitutional amendment or bill. The attorney general shall
within ten days approve the legal content and form of the proposed
statement.

2. The official summary statement shall contain no more than fifty words,
excluding articles. The title shall be a true and impartial statement of
the purposes of the proposed measure in language neither intentionally
argumentative nor likely to create prejudice either for or against the
proposed measure. (L. 1980 S.B. 658, A.L. 1983 S.B. 234, A.L. 1985 H.B.
543, A.L. 1997 S.B. 132, A.L. 1999 H.B. 676)

Effective 6-16-99

(1984) A court may not authorize the alteration or redesignation of
initiative or referendum petitions in order to correct scrivener's
errors. Payne v. Kirkpatrick (Mo. App.), 685 S.W.2d 891.

If the general assembly adopts a joint resolution proposing a
constitutional amendment or a bill without a fiscal note summary, which
is to be referred to a vote of the people, the state auditor shall,
within thirty days of delivery to the auditor, prepare and file with the
secretary of state a fiscal note and a fiscal note summary for the
proposed measure in accordance with the provisions of section 116.175.
(L. 1980 S.B. 658, A.L. 1983 S.B. 234, A.L. 1993 S.B. 350, A.L. 1997 S.B.
132, A.L. 1999 H.B. 676)

Effective 6-16-99

(1994) Words "insufficient and unfair" as used in section and applied to
fiscal notes mean to inadequately and with bias, prejudice, deception
and/or favoritism state the fiscal consequences of the proposed
proposition. Test of fiscal note summary is not whether summary is the
best language for describing effect. Burden is on opponents of language
for describing effect. Burden is on opponents of language to show that
language was insufficient and unfair. Hancock v. Secretary of State, 885
S.W.2d 42 (Mo. App. W.D.).

(1994) Where statute requires that cost be addressed in a fiscal note
summary only in cases when a proposition has cost, fiscal note summary
attached to initiative proposition was not insufficient when it did not
address cost, since proposition would not generate cost or savings.
Committee on Legislative Research v. Mitchell, 886 S.W.2d 662 (Mo. App.
W.D.).

1. Except as provided in section 116.155, upon receipt from the
secretary of state's office of any petition sample sheet, joint
resolution or bill, the auditor shall assess the fiscal impact of the
proposed measure. The state auditor may consult with the state
departments, local government entities, the general assembly and others
with knowledge pertinent to the cost of the proposal. Proponents or
opponents of any proposed measure may submit to the state auditor a
proposed statement of fiscal impact estimating the cost of the proposal
in a manner consistent with the standards of the governmental accounting
standards board and section 23.140, RSMo, provided that all such
proposals are received by the state auditor within ten days of his or her
receipt of the proposed measure from the secretary of state.

2. Within twenty days of receipt of a petition sample sheet, joint
resolution or bill from the secretary of state, the state auditor shall
prepare a fiscal note and a fiscal note summary for the proposed measure
and forward both to the attorney general.

3. The fiscal note and fiscal note summary shall state the measure's
estimated cost or savings, if any, to state or local governmental
entities. The fiscal note summary shall contain no more than fifty words,
excluding articles, which shall summarize the fiscal note in language
neither argumentative nor likely to create prejudice either for or
against the proposed measure.

4. The attorney general shall, within ten days of receipt of the fiscal
note and the fiscal note summary, approve the legal content and form of
the fiscal note summary prepared by the state auditor and shall forward
notice of such approval to the state auditor.

5. If the attorney general or the circuit court of Cole County determines
that the fiscal note or the fiscal note summary does* not satisfy the
requirements of this section, the fiscal note and the fiscal note summary
shall be returned to the auditor for revision. A fiscal note or fiscal
note summary that does not satisfy the requirements of this section also
shall not satisfy the requirements of section 116.180. (L. 1997 S.B. 132,
A.L. 1999 H.B. 676, A.L. 2003 H.B. 511 merged with S.B. 623)

*Word "do" appears in original rolls.

Within three days after receiving the official summary statement
the approved fiscal note summary and the fiscal note relating to any
statewide ballot measure, the secretary of state shall certify the
official ballot title in separate paragraphs with the fiscal note summary
immediately following the summary statement of the measure and shall
deliver a copy of the official ballot title and the fiscal note to the
speaker of the house or the president pro tem of the legislative chamber
that originated the measure or, in the case of initiative or referendum
petitions, to the person whose name and address are designated under
section 116.332. Persons circulating the petition shall affix the
official ballot title to each page of the petition prior to circulation
and signatures shall not be counted if the official ballot title is not
affixed to the page containing such signatures. (L. 1980 S.B. 658, A.L.
1997 S.B. 132, A.L. 1999 H.B. 676)

Effective 6-16-99

Before the ballot is printed, if the title of a ballot issue is
identical or substantially identical to the title of another ballot issue
that will appear on the same ballot, the election authority shall
promptly notify the officer or entity that certifies the election of the
identical or substantially identical title, and if such officer or entity
submits a new title to the election authority, the election authority may
change the title of the ballot issue prior to printing the official
ballot. (L. 1999 H.B. 676 § 1)

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. (L. 1980 S.B. 658, A.L. 1985
H.B. 543, A.L. 1993 S.B. 350, A.L. 1997 S.B. 132, A.L. 1999 H.B. 676,
A.L. 2003 H.B. 511 merged with S.B. 623)

Whenever the reprinting of a statewide ballot measure is
necessary as a result of a court-ordered change to the ballot language
for such measure, the costs of such reprinting shall be paid by the
state. (L. 1999 H.B. 676 § 2)

1. After the secretary of state certifies a petition as
sufficient or insufficient, any citizen may apply to the circuit court of
Cole County to compel him to reverse his decision. The action must be
brought within ten days after the certification is made. All such suits
shall be advanced on the court docket and heard and decided by the court
as quickly as possible.

2. If the court decides the petition is sufficient, the secretary of
state shall certify it as sufficient and attach a copy of the judgment.
If the court decides the petition is insufficient, the court shall enjoin
the secretary of state from certifying the measure and all other officers
from printing the measure on the ballot.

3. Within ten days after a decision is rendered, any party may appeal it
to the supreme court. (L. 1980 S.B. 658)

Effective 1-1-81

The secretary of state shall number proposed constitutional
amendments in the order in which they are passed by the general assembly,
or submitted by initiative petition, or adopted by constitutional
convention. He shall number the first as "Constitutional Amendment No. 1"
and so on consecutively. A new series of numbers shall be started after
each general election. (L. 1980 S.B. 658)

Effective 1-1-81

The secretary of state shall label statutory initiative and
referendum measures alphabetically in the order in which they are
submitted by petition or in the order in which they are passed by the
general assembly. The secretary of state shall label the first as
"Proposition A", and so on consecutively through the letter Z, and then
begin labeling as "Proposition AA" and so on. A new series of letters
shall be started after each general election. In the event a measure is
labeled prior to, but not voted on at, the next succeeding general
election, the letter assigned to such measure shall not be reassigned
until after such measure has been voted on by the people. (L. 1980 S.B.
658, A.L. 1999 H.B. 676)

Effective 6-16-99

1. The secretary of state shall prepare sample ballots in the
following form.

2. The top of the ballot shall read:

"OFFICIAL BALLOT

STATE OF MISSOURI"

3. When constitutional amendments are submitted, the first heading shall
read:

"CONSTITUTIONAL AMENDMENTS" There shall follow the numbers assigned under
section 116.210 the official ballot titles prepared under section 116.160
or 116.334, and the fiscal note summaries prepared under section 116.170.
Constitutional amendments proposed by the general assembly shall be
designated as "Proposed by the general assembly". Constitutional
amendments proposed by initiative petition shall be designated "Proposed
by initiative petition". Constitutional amendments proposed by
constitutional convention shall be designated as "Proposed by
constitutional convention".

4. When statutory measures are submitted, the next heading shall read:

"STATUTORY MEASURES" There shall follow the letters assigned under
section 116.220, the official ballot titles prepared under section
116.160 or 116.334, and the fiscal note summaries prepared under section
116.170. Statutory initiative measures shall be designated "Proposed by
initiative petition". Referendum measures shall be designated "Referendum
ordered by petition". (L. 1980 S.B. 658, A.L. 1985 H.B. 543)

Not later than the tenth Tuesday prior to an election at which a
statewide ballot measure is to be voted on, the secretary of state shall
send each election authority a certified copy of the legal notice to be
published. The legal notice shall include the date and time of the
election and a sample ballot. (L. 1980 S.B. 658, A.L. 1986 H.B. 1471, et
al., A.L. 1997 S.B. 132)

On receiving a notice under section 116.240, each election
authority shall cause the legal notice to be published in accordance with
subsection 2 of section 115.127, RSMo. (L. 1980 S.B. 658)

Effective 1-1-81

The secretary of state shall designate in what newspaper or
newspapers in each county the text of statewide ballot measures shall be
published. If possible, each shall be published once a week for two
consecutive weeks in two newspapers of different political faiths in each
county, the last publication to be not more than thirty or less than
fifteen days next preceding the election. If there is but one newspaper
in any county, publication for four consecutive weeks shall be made, the
first publication to be not less than twenty-eight days next preceding
the election. If there are two or more newspapers in a county, none of
which is of different political faiths from another, the statewide ballot
measures shall be published once a week for two consecutive weeks in any
two newspapers in the county with the last publication not more than
thirty or less than fifteen days next preceding the election. (L. 1980
S.B. 658, A.L. 1983 H.B. 670, A.L. 1997 S.B. 132)

1. There is hereby created a "Publications Fund" which shall be
used only to pay printing, publication, and other expenses incurred in
submitting statewide ballot measures to the voters.

2. The secretary of state shall certify to the commissioner of
administration all valid claims for payment from the publications fund.
On receiving the certified claims, the commissioner of administration
shall issue warrants on the state treasurer payable to each individual
out of the publications fund. (L. 1980 S.B. 658)

Effective 1-1-81

In jurisdictions using paper ballots, election authorities shall
cause the ballots for statewide ballot measures to be printed on paper
not less than four inches wide and ten inches long, and all in the same
color and size. Measures may be printed in more than one column. (L. 1980
S.B. 658)

Effective 1-1-81

1. The secretary of state shall distribute copies of each
statewide ballot measure, except proposed constitutions as published in
newspapers for legal notice of the election.

2. The secretary of state shall print copies of each proposed
constitution in pamphlet form.

3. From copies delivered by the secretary of state, each election
authority shall post at least two copies of each notice and pamphlet at
each polling place during the time the polls are open.

4. The secretary of state shall print any new language being proposed for
adoption or rejection in boldface type. (L. 1980 S.B. 658, A.L. 1983 S.B.
234)

Not later than the fourth Tuesday prior to an election on a
statewide ballot measure, each chairman of a county campaign committee
favoring a measure and each chairman of a county campaign committee
opposing a measure shall file with the election authority a list of
committee officers and a request to have the right to designate
challengers and watchers under section 116.310. If only one committee
favoring a particular measure and one committee opposing a particular
measure file a list and a request, then each filing chairman shall have
the right to designate challengers and watchers under section 116.310. If
more than one committee favoring a particular measure or more than one
committee opposing a particular measure files a list and request, then
the election authority shall determine which chairman has the right to
designate challengers and watchers. If the measure was submitted by
initiative or referendum petition, the person designated under section
116.100 as the person to receive notice under sections 116.140 and
116.180 shall be entitled to designate the county campaign committee
chairmen's names to the proper election authorities by the fourth Tuesday
prior to the election on that measure. (L. 1980 S.B. 658)

Effective 1-1-81

1. Not later than the Tuesday prior to an election on a
statewide ballot measure, each county campaign committee chairman who had
the right to designate challengers under section 116.300 shall designate
such challengers, who may be present at each polling place during the
hours of voting. Each such chairman shall also by the same time designate
a challenger for each location at which absentee ballots are counted. The
challengers so designated may be present while the ballots are being
prepared for counting and being counted.

2. Not later than the Tuesday prior to an election on a statewide ballot
measure, each campaign committee chairman who has the right to designate
watchers under section 116.300 shall designate a watcher for each place
votes are counted.

3. After challengers and watchers have been designated, the provisions
contained in sections 115.105, 115.107, 115.109, and 115.111, RSMo, shall
apply to them.

4. Failure to designate challengers and watchers by the prescribed times
shall cause the county campaign committee to forfeit its right to name
such persons for those omitted locations for that election. (L. 1980 S.B.
658)

Effective 1-1-81

1. Each statewide ballot measure receiving a majority of
affirmative votes is adopted.

2. If voters approve two or more conflicting statutes at the same
election, the statute receiving the largest affirmative vote shall
prevail, even if that statute did not receive the greatest majority of
affirmative votes.

3. If voters approve two or more conflicting constitutional amendments at
the same election, the amendment receiving the largest affirmative vote
shall prevail, even if that amendment did not receive the greatest
majority of affirmative votes. (L. 1980 S.B. 658)

Effective 1-1-81

1. After an election at which any statewide ballot measure,
other than a proposed constitution or constitutional amendment submitted
by a constitutional convention, is voted upon, the secretary of state
shall convene the board of state canvassers to total the abstracts. Not
later than two weeks after receiving all required abstracts, the board
shall issue a statement giving the number of votes cast "yes" and "no" on
each question. If voters approve two or more measures at one election
which are known to conflict with one another, or to contain conflicting
provisions, the board shall also state which received the largest
affirmative vote.

2. After an election at which a proposed constitution or constitutional
amendment adopted by a constitutional convention is submitted, the
governor shall proclaim the results in accordance with section 3(c),
article XII of the constitution. (L. 1980 S.B. 658)

Effective 1-1-81

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. 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. 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. 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 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 days after
submission of the petition sheet. (L. 1985 H.B. 543 § 1, A.L. 1997 S.B.
132)

(1991) That part of this section which limits submission to secretary of
state of sample petitions to one year prior to the final date for filing
signed petitions shortens time authorized by constitution, art. XII, sec.
2(b), during which constitutional amendment petitions may be circulated
for signatures and is invalid. State of Mo., ex rel. Upchurch v. Blunt,
810 S.W.2d 515 (Mo. banc).

1. If the petition form is approved, the secretary of state
shall within ten days 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. (L. 1985 H.B.
543 § 2, A.L. 1997 S.B. 132)

When a statewide ballot measure is approved by the voters, the
secretary of state shall publish it with the laws enacted by the
following session of the general assembly, and the revisor of statutes
shall include it in the next edition or supplement of the revised
statutes of Missouri. Each of the measures printed above shall include
the date of the proclamation or statement of approval under section
116.330. (L. 1980 S.B. 658)

Effective 1-1-81

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