COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:3408S.03C Bill No.:SCS for HCS for HJR 79 Subject:Constitutional Amendments Type:Original Date:April 26, 2022Bill Summary:This joint resolution modifies the process for adopting constitutional
amendments.
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. 3408S.03C
Bill No. SCS for 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. 3408S.03C
Bill No. SCS for 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
FY 2014, the General Assembly changed the appropriation so that it was no longer an estimated
appropriation. L.R. No. 3408S.03C
Bill No. SCS for HCS for HJR 79
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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.
Officials from the Kansas City Board of Elections assume it this legislation is passed, there
would be an immaterial monetary impact.
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. 3408S.03C
Bill No. SCS for HCS for HJR 79
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Officials from the Missouri Senate and Missouri House of Representatives both assume the
proposal will have no fiscal impact on their organizations. Oversight does not have any
information to the contrary. Therefore, Oversight will reflect a zero impact in the fiscal note.
Officials from the St. Louis County Board of Elections assume the proposal will have no fiscal
impact on their organization. Oversight does not have any information to the contrary.
Therefore, Oversight will reflect a zero impact in the fiscal note.
In response to a previous version, officials from the Platte County Board of Elections, Jackson
County Board of Elections, and Greene County Clerk’s Office each assumed 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 opting to participate
in the Missouri Legislative Information System (MOLIS) is available upon request.
FISCAL IMPACT – State
Government
FY 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. 3408S.03C
Bill No. SCS for 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
Under current law, initiative petitions proposing constitutional amendments must be signed by
8% of the legal voters in each of two-thirds of the congressional districts. This constitutional
amendment, if approved by the voters, requires such petitions to be signed by 10% of the legal
voters in each of the congressional districts.
Current law additionally provides that initiative petitions shall take effect when approved by a
simple majority of the votes cast thereon prior to taking effect. This constitutional amendment
requires such initiatives to be approved by at least two-thirds of the votes cast thereon.
Only citizens of the United States who are residents of the State of Missouri and properly
registered to vote shall be considered registered voters for purposes of signing initiative petitions.
The amendment additionally provides that voters in each congressional district shall have the
opportunity to review and comment upon all initiative petitions proposing amendments to the
constitution following the filing of the petition with the Secretary of State and not less than 15
days before the measure appears on the ballot. Such review and comment process shall be
administered by the Secretary of State in a public forum.
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. 3408S.03C
Bill No. SCS for 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 DirectorApril 26, 2022April 26, 2022