COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:3408H.02C Bill No.:HCS for HJR 79 Subject:Constitutional Amendments Type:Original Date:January 23, 2022Bill 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.02C
Bill No. HCS for HJR 79
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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.02C
Bill No. HCS for HJR 79
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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.02C
Bill No. HCS for HJR 79
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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, SOS reserves the right to request funding to meet the
cost of 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 SOS also assume many bills considered by the General Assembly include
provisions allowing or requiring agencies to submit rules and regulations to implement the act.
The SOS is provided with core funding to handle a certain amount of normal activity resulting
from each year’s legislative session. The fiscal impact for this fiscal note to the SOS for
Administrative Rules is less than $5,000. The SOS recognizes that this is a small amount and
does not expect that additional funding would be required to meet these costs. However, the
SOS also recognizes that many such bills may be passed by the General Assembly in a given
year and that collectively the costs may be in excess of what the office can sustain with the core
budget. Therefore, the SOS reserves the right to request funding for the cost of supporting
administrative rules requirements should the need arise based on a review of the finally approved
bills signed by the governor.
Oversight assumes the SOS could absorb the costs of printing and distributing regulations
related to this proposal. If multiple bills pass which require the printing and distribution of
regulations at substantial costs, the SOS could require additional resources.
In response to a previous version, officials from the St. Louis City Board of Elections assumed
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. L.R. No. 3408H.02C
Bill No. HCS for HJR 79
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In response to a previous version, officials from the St. Louis County Board of Elections
assumed the proposal will have no fiscal impact on their organization.
Officials from the Missouri Senate, Missouri House of RepresentativesPlatte County Board
of Elections, Jackson County Board of Elections, and Greene County Clerk’s Office 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 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
Oversight’s database is available upon request.
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 L.R. No. 3408H.02C
Bill No. HCS for HJR 79
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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.
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. L.R. No. 3408H.02C
Bill No. HCS for HJR 79
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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
Greene County Clerk’s Office
Julie MorffRoss StropeDirectorAssistant DirectorJanuary 23, 2022January 23, 2022