Missouri 2022 2022 Regular Session

Missouri House Bill HJR79 Introduced / Fiscal Note

Filed 12/29/2021

                    COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:3408H.01I Bill No.:HJR 79  Subject:Constitutional Amendments Type:Original  Date:December 29, 2021Bill Summary:This joint resolution modifies provisions for initiative petitions and 
referendums. 
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2023FY 2024FY 2025
General Revenue*
$0 or (More than 
$7,000,000)
$0$0Total Estimated Net 
Effect on General 
Revenue
$0 or (More than 
$7,000,000)$0$0
*The potential fiscal impact of “(More than $7,000,000)” would be realized only if a special 
election were called by the Governor to submit this joint resolution to voters. 
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025Total Estimated Net 
Effect on Other State 
Funds $0$0$0
Numbers within parentheses: () indicate costs or losses. L.R. No. 3408H.01I 
Bill No. HJR 79  
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December 29, 2021
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ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025Total Estimated Net 
Effect on All Federal 
Funds $0$0$0
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2023FY 2024FY 2025Total Estimated Net 
Effect on FTE 000
☒ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any  
     of the three fiscal years after implementation of the act or at full implementation of the act.
☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of
     the three fiscal years after implementation of the act or at full implementation of the act.
ESTIMATED NET EFFECT ON LOCAL FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025Local Government$0*$0$0
*Transfer out and transfer in net to zero if the Governor calls a special election. L.R. No. 3408H.01I 
Bill No. HJR 79  
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December 29, 2021
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FISCAL ANALYSIS
ASSUMPTION
Officials from the Office of the Secretary of State (SOS) assume the proposal increases the 
number of required signatures for a successful initiative petition. The current requirement of 8% 
(constitutional) or 5% (statutory) of voters from the previous gubernatorial election in six out of 
eight congressional districts will be about 171,000 or 107,000 signatures respectively for the 
2022 petition cycle. The proposed change to require 10% (constitutional) or 5% (statutory) in all 
districts would increase that minimum number to over 300,000 (constitutional) or 150,000 
(statutory), an approximately 75% increase for constitutional amendments and 40% for statutory 
measures. This increase in signatures would lead to an increase in pages submitted per petition 
and therefore an increase in processing costs when signatures are submitted for verification. The 
referendum petition submitted in 2017 contained over 250,000 valid signatures and cost 
approximately $32,000 in state resources to process for sufficiency, which SOS does with 
existing staff. Assuming that other petitions achieve a similar proportion of signatures above the 
minimum requirements, an increase of up to 75% in processing costs could reach or exceed 
$24,000 per petition expended between FY 2024 and FY 2025, which the agency would absorb. 
Based on an average amount of four petitions submitted for verification per election cycle, this 
would result in total increased costs of up to $96,000. This increase does not include resources 
expended by local election authorities, nor does it include any additional costs that the Secretary 
of State's Office could incur in order to continue to meet all statutory processing deadlines.
Additionally, each year, a number of joint resolutions that would refer to a vote of the people a 
constitutional amendment and bills that would refer to a vote of the people the statutory issue in 
the legislation may be considered by the General Assembly.  
Unless a special election is called for the purpose, Joint Resolutions proposing a constitutional 
amendment are submitted to a vote of the people at the next general election.  Article XII section 
2(b) of the Missouri Constitution authorizes the Governor to order a special election for 
constitutional amendments referred to the people.  If a special election is called to submit a Joint 
Resolution to a vote of the people, section 115.063.2 RSMo requires the state to pay the costs.   
The cost of the special election has been estimated to be $7 million based on the cost of the 2020 
Presidential Preference Primary.
The Secretary of State’s office is required to pay for publishing in local newspapers the full text 
of each statewide ballot measure as directed by Article XII, Section 2(b) of the Missouri 
Constitution and Section 116.230-116.290, RSMo.  Funding for this item is adjusted each year 
depending upon the election cycle.  A new decision item is requested in odd numbered fiscal 
years and the amount requested is dependent upon the estimated number of ballot measures that 
will be approved by the General Assembly and the initiative petitions certified for the ballot.  In  L.R. No. 3408H.01I 
Bill No. HJR 79  
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December 29, 2021
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FY 2014, the General Assembly changed the appropriation so that it was no longer an estimated 
appropriation. 
For the FY22 petitions cycle, the SOS estimates publication costs at $70,000 per page.  This 
amount is subject to change based on number of petitions received, length of those petitions and 
rates charged by newspaper publishers.
The Secretary of State’s office will continue to assume, for the purposes of this fiscal note, that it 
should have the full appropriation authority it needs to meet the publishing requirements. 
Because these requirements are mandatory, we reserve the right to request funding to meet the 
cost of our publishing requirements if the Governor and the General Assembly again change the 
amount or continue to not designate it as an estimated appropriation.
Oversight has reflected, in this fiscal note, the state potentially reimbursing local political 
subdivisions the cost of having this joint resolution voted on during a special election in fiscal 
year 2023. This reflects the decision made by the Joint Committee on Legislative Research that 
the cost of the elections should be shown in the fiscal note. The next scheduled statewide 
primary election is in August 2022 and the next scheduled general election is in November 2022 
(both in FY 2023). It is assumed the subject within this proposal could be on one of these ballots; 
however, it could also be on a special election called for by the Governor (a different date). 
Therefore, Oversight will reflect a potential election cost reimbursement to local political 
subdivisions in FY 2023.
Officials from the St. Louis City Board of Elections assume increased signature requirements 
and increased vote totals for passage of initiatives could result in commencement of fewer 
petitions. Fewer petitions would possibly require less staff and overtime for working of petitions 
resulting in potential savings.
Officials from the Missouri Senate, Missouri House of RepresentativesPlatte County Board 
of Elections, Jackson County Board of Elections, and St. Louis County Board of Elections
each assume the proposal will have no fiscal impact on their respective organizations. Oversight
does not have any information to the contrary. Therefore, Oversight will reflect a zero impact in 
the fiscal note for these agencies.  
Oversight notes that any costs to the state or to local election authorities for implementing this 
proposal (increased number of signatures for verification) would be offset by fewer petitions that 
will meet the new higher thresholds and therefore, will result in fewer petitions to process.
Oversight only reflects the responses that we have received from state agencies and political 
subdivisions; however, other local election authorities and county clerks were requested to 
respond to this proposed legislation but did not. A general listing of political subdivisions 
included in our database is available upon request. L.R. No. 3408H.01I 
Bill No. HJR 79  
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FISCAL IMPACT – State GovernmentFY 2023
(10 Mo.)
FY 2024FY 2025GENERAL REVENUE FUNDTransfer Out – SOS – reimbursement of 
Local Election Authorities election 
costs if special election is called for by 
the Governor
$0 or (More than 
$7,000,000)$0$0
ESTIMATED NET EFFECT ON 
GENERAL REVENUE FUND
$0 or (More 
than $7,000,000)$0$0
FISCAL IMPACT – Local GovernmentFY 2023
(10 Mo.)
FY 2024FY 2025LOCAL POLITICAL 
SUBDIVISIONS
Transfer In - Local Election Authorities 
reimbursement of election costs by 
State for a special election
$0 or More than 
$7,000,000$0$0
Costs -  Local Election Authorities 
cost of a special election if called for by 
the Governor
$0 or (More than 
$7,000,000)$0$0
ESTIMATED NET EFFECT ON 
LOCAL POLITICAL 
SUBDIVISIONS$0$0$0
FISCAL IMPACT – Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal. L.R. No. 3408H.01I 
Bill No. HJR 79  
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FISCAL DESCRIPTION
Upon voter approval, this proposed Constitutional amendment would require an amendment to 
the state Constitution to achieve a two-thirds supermajority vote for passage. Amendments will 
take effect 30 days after the election if approved. 
The resolution specifies that the Constitutional phrase "legal voter" is defined as an individual 
who is a citizen of the United States, a resident of Missouri, who is properly registered to vote. 
The resolution also requires petition signatures to place a measure on the ballot as a 
Constitutional amendment to be collected in each Congressional district using a percentage 
requirement of 10%. Laws may be placed on the ballot using a percentage requirement of 5%. 
The resolution contains ballot language submitted to the voters under Chapter 116, RSMo. 
This legislation is not federally mandated, would not duplicate any other program and would not 
require additional capital improvements or rental space.
SOURCES OF INFORMATION
Office of the Secretary of State
Missouri House of Representatives
Missouri Senate
Jackson County Board of Elections
Platte County Board of Elections
St. Louis County Board of Elections
St. Louis City Board of Elections
Julie MorffRoss StropeDirectorAssistant DirectorDecember 29, 2021December 29, 2021