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Missouri Senate Bill SB862

Missouri 2022 Regular Session

Missouri Senate Bill SB862 Compare Versions

Only one version of the bill is available at this time.
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22 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
33 and is intended to be omitted in the law.
44 SECOND REGULAR SESSION
55 SENATE BILL NO. 862
66 101ST GENERAL ASSEMBLY
77 INTRODUCED BY SENATOR ONDER.
88 4139S.01I ADRIANE D. CROUSE, Secretary
99 AN ACT
1010 To repeal sections 116.030, 116.040, 116.050, 116.080, 116.090, 116.110, 116.130, 116.160,
1111 116.230, 116.270, 116.332, and 116.334, RSMo, and to enact in lieu thereof thirteen
1212 new sections relating to the petition process for amending the law, with penalty
1313 provisions and an effective date.
1414
1515 Be it enacted by the General Assembly of the State of Missouri, as follows:
1616 Section A. Sections 116.030, 116.040, 116.050, 116.080, 1
1717 116.090, 116.110, 116.130, 116.160, 116.230, 116.270, 116.332, 2
1818 and 116.334, RSMo, are repealed and thirteen new sections 3
1919 enacted in lieu thereof, to be known as sections 116.030, 4
2020 116.040, 116.045, 11 6.050, 116.080, 116.090, 116.110, 116.130, 5
2121 116.160, 116.230, 116.270, 116.332, and 116.334, to read as 6
2222 follows:7
2323 116.030. The following shall be substantially the form 1
2424 of each page of referendum petitions on any law passed by 2
2525 the general assembly o f the state of Missouri: 3
2626 4 County ______
2727 5 Page No. ______
2828 6
2929 7
3030 8
3131 9
3232 10
3333 11
3434 12
3535 13
3636 It is a class A misdemeanor punishable, notwithstanding
3737 the provisions of section [560.021] 558.002, RSMo, to
3838 the contrary, for a term of imprisonment not to exceed
3939 one year in the county jail or a fine not to exceed ten
4040 thousand dollars or both, for anyone to sign any
4141 referendum petition with any name other than his or her
4242 own, or knowingly to sign his or her name more than once
4343 for the same measure for the same election, or to sign a
4444 SB 862 2
4545 14
4646 15
4747 petition when such person knows he or she is not a
4848 registered voter.
4949 16 PETITION FOR REFERENDUM
5050 17
5151 18
5252 To the Honorable ______, Secretary of State for the
5353 state of Missouri:
5454
5555 19
5656 20
5757 21
5858 22
5959 23
6060 24
6161 25
6262 26
6363 27
6464 28
6565 29
6666 30
6767 31
6868 32
6969 33
7070 34
7171 We, the undersigned, registered voters of the state of
7272 Missouri and ______ County (or City of St. Louis),
7373 respectfully order that the Senate (or House) Bill No.
7474 ______ entitled (title of law), passed by the ______
7575 general assembly of the state of Missouri, at the ______
7676 regular (or special) session of the ______ general
7777 assembly, shall be referred to the voters of the state
7878 of Missouri, for their approval or rejection, at the
7979 general election to be held on the ______ day of ______,
8080 ______, unless the genera l assembly shall designate
8181 another date, and each for himself or herself says: I
8282 have personally signed this petition; I am a registered
8383 voter of the state of Missouri and ______ County (or
8484 City of St. Louis); my registered voting address and the
8585 name of the city, town or village in which I live are
8686 correctly written after my name.
8787
8888 35 (Official Ballot title) ______
8989 36 CIRCULATOR'S AFFIDAVIT
9090 37 State Of Missouri,
9191 38 County Of ______
9292 39
9393 40
9494 I, ______, being first duly sworn, say (print or type
9595 names of signers)
9696
9797 41
9898 42
9999 NAME DATE
100100 SIGNED
101101 REGISTERED
102102 VOTING ADDRESS
103103 ZIP
104104 CODE
105105 CONGR.
106106 DIST.
107107 NAME
108108 43
109109 44
110110 (Signature) (Street)
111111 (City,
112112 (Printed
113113 or
114114
115115 45
116116 46
117117 Town or
118118 Village)
119119 Typed)
120120 47 (Here follow numbered lines for signers)
121121 48
122122 49
123123 50
124124 signed this page of the foregoing petition, and each of
125125 them signed his or her name thereto in my presence; I
126126 believe that each has stated his or her name, registered
127127 SB 862 3
128128 If this form is followed substantially and the requirements 76
129129 of [section] sections 116.045, 116.050, and [section] 77
130130 116.080 are met, it shall be sufficient, disregarding 78
131131 clerical and merely technical errors. 79
132132 116.040. The following shall be substantially the form 1
133133 of each page of each petition for any law or amendment to 2
134134 51
135135 52
136136 53
137137 voting address and city, town or village correctly, and
138138 that each signer is a registered voter of the state of
139139 Missouri and ______ County.
140140 54
141141 55
142142 56
143143 57
144144 58
145145 FURTHERMORE, I HEREBY SWEAR OR AFFIRM UNDER PENALTY OF
146146 PERJURY THAT ALL STATEMENTS MADE BY ME ARE TRUE AND
147147 CORRECT AND THAT I HAVE NEVER BEEN CONVICTED OF, FOUND
148148 GUILTY OF, OR PLED GU ILTY TO ANY OFFENSE INVOLVING
149149 FORGERY.
150150
151151 59
152152 60
153153 61
154154 I am at least 18 years of age. I do ______ do not ______
155155 (check one) expect to be paid for circulating this
156156 petition. If paid, list the payer ______
157157
158158 62 __________________ 
159159 63 Signature of Affiant
160160 64 (Person obtaining signatures)
161161 65 __________________ 
162162 66 (Printed Name of Affiant)
163163 67 __________________ 
164164 68 Address of Affiant
165165 69
166166 70
167167 Subscribed and sworn to before me this ______ day of
168168 ______, A.D. ______
169169
170170 71 __________________ 
171171 72 Signature of Notary
172172 73 Address of Notary
173173 74 Notary Public (Seal)
174174 75 My commission expires ______ SB 862 4
175175 the Constitution of the state of Missouri proposed by the 3
176176 initiative: 4
177177 5 County ______
178178 6 Page No. ______
179179 7
180180 8
181181 9
182182 10
183183 11
184184 12
185185 13
186186 14
187187 15
188188 16
189189 It is a class A misdemeanor punishable, notwithstanding
190190 the provisions of section [560.021] 558.002, RSMo, to
191191 the contrary, for a term of imprisonment not to exceed
192192 one year in the county jail or a fine not to exceed ten
193193 thousand dollars or both, for anyone to sign any
194194 initiative petition with any name other than his or her
195195 own, or knowingly to sign his or her name more than once
196196 for the same measure for the same election, or to sign a
197197 petition when such person knows he or she is not a
198198 registered voter.
199199
200200 17 INITIATIVE PETITION
201201 18
202202 19
203203 To the Honorable ______, Secretary of State for the
204204 state of Missouri:
205205
206206 20
207207 21
208208 22
209209 23
210210 24
211211 25
212212 26
213213 27
214214 28
215215 29
216216 30
217217 31
218218 32
219219 We, the undersigned, registered voters of the state of
220220 Missouri and ______ County (or City of St. Louis),
221221 respectfully order that the following proposed law (or
222222 amendment to the constitution) shall be submitted to the
223223 voters of the state of Missouri, for t heir approval or
224224 rejection, at the general election to be held on the
225225 ______ day of ______, ______, and each for himself or
226226 herself says: I have personally signed this petition; I
227227 am a registered voter of the state of Missouri and
228228 ______ County (or City of St. Louis); my registered
229229 voting address and the name of the city, town or village
230230 in which I live are correctly written after my name.
231231
232232 33 (Official Ballot title) ______
233233 34 CIRCULATOR'S AFFIDAVIT
234234 35 State Of Missouri,
235235 36 County Of ______
236236 37
237237 38
238238 I, ______, being first duly sworn, say (print or type
239239 names of signers)
240240 SB 862 5
241241 39
242242 40
243243 NAME DATE
244244 SIGNED
245245 REGISTERED
246246 VOTING ADDRESS
247247 ZIP
248248 CODE
249249 CONGR.
250250 DIST.
251251 NAME
252252 41
253253 42
254254 (Signature) (Street) (City, (Printed
255255 or
256256
257257 43
258258 44
259259 Town or
260260 Village)
261261 Typed)
262262 45 (Here follow numbered lines for signers)
263263 46
264264 47
265265 48
266266 49
267267 50
268268 51
269269 signed this page of the foregoing petition, and each of
270270 them signed his or her name thereto in my presence; I
271271 believe that each has stated his or her name, registered
272272 voting address and city, town or village correctly, and
273273 that each signer is a registered voter of the state of
274274 Missouri and ______ County.
275275
276276 52
277277 53
278278 54
279279 55
280280 56
281281 FURTHERMORE, I HEREBY SWEAR OR AFFIRM UNDER PENALTY OF
282282 PERJURY THAT ALL STATEMENTS MADE BY ME ARE TRUE AND
283283 CORRECT AND THAT I HAVE NEVER BEEN CONVICTED OF, FOUND
284284 GUILTY OF, OR PLED GUILTY TO ANY OFFENSE INVOLVING
285285 FORGERY.
286286
287287 57
288288 58
289289 59
290290 I am at least 18 years of age. I do ______ do not ______
291291 (check one) expect to be paid for circulating this
292292 petition. If paid, list the payer ______
293293
294294 60 __________________ 
295295 61 Signature of Affiant
296296 62 (Person obtaining signatures)
297297 63 __________________ 
298298 64 (Printed Name of Affiant)
299299 65 __________________ 
300300 66 Address of Affiant
301301 67
302302 68
303303 Subscribed and sworn to before me this ______ day of
304304 ______, A.D. ______
305305
306306 69 __________________ 
307307 70 Signature of Notary
308308 71 Address of Notary SB 862 6
309309 If this form is followed substantially and the requirements 74
310310 of [section] sections 116.045, 116.050, and [section] 75
311311 116.080 are met, it shall be sufficient, disregarding 76
312312 clerical and merely technical errors. 77
313313 116.045. Initiative and referendum petition signature 1
314314 pages shall be printed on a form as prescribed by the 2
315315 secretary of state, which shall include all of the 3
316316 information and statements set forth in section 116.030 or 4
317317 116.040, as applicable, and comply with section 116.050. 5
318318 The form shall be made available in electronic format for 6
319319 printing and circulating petitions. 7
320320 116.050. 1. Initiative and referendum petitions filed 1
321321 under the provisions of this chapter shall consist of pages 2
322322 of a uniform size. Each page, excluding the text of the 3
323323 measure, shall be no larger than eight and one -half by 4
324324 fourteen inches. The text of the proposed measure shall be 5
325325 in a font that is not smaller than twelve point, Times New 6
326326 Roman, and have a top, bottom, left, and right margin of not 7
327327 less than one inch. Page numbers may appear in the bottom 8
328328 margin. Each page of an initiative peti tion shall be 9
329329 attached to or shall contain a full and correct text of the 10
330330 proposed measure. Each page of a referendum petition shall 11
331331 be attached to or shall contain a full and correct text of 12
332332 the measure on which the referendum is sought. 13
333333 2. The secretary of state shall collect an initiative 14
334334 and referendum petition filing fee of five hundred dollars 15
335335 for each petition sample sheet filed. An additional filing 16
336336 fee of twenty-five dollars shall be collected for each page 17
337337 72 Notary Public (Seal)
338338 73 My commission expires ______ SB 862 7
339339 of text of the measure in excess of ten pages. The filing 18
340340 fee shall be deposited in the state treasury and credited to 19
341341 the secretary of state's petition publications fund 20
342342 established under section 116.270. The filing fee shall be 21
343343 refunded from the fund to the person designat ed as the 22
344344 recipient of notices pursuant to section 116.332 if the 23
345345 initiative or referendum petition is certified pursuant to 24
346346 section 116.150. The secretary of state shall reject any 25
347347 petition sample sheet that is not accompanied by the 26
348348 required fee. 27
349349 3. The full and correct text of all initiative and 28
350350 referendum petition measures shall: 29
351351 (1) Contain all matter which is to be deleted included 30
352352 in its proper place enclosed in brackets and all new matter 31
353353 shown underlined; 32
354354 (2) Include all sections of existing law or of the 33
355355 constitution which would be repealed by the measure; and 34
356356 (3) Otherwise conform to the provisions of [Article 35
357357 III, Section 28 and] Article III, [Section] Sections 28, 49, 36
358358 50, 51, and 52(a) of the Missouri Constitution and those of 37
359359 this chapter. 38
360360 4. The full and correct text of all initiative 39
361361 petition measures shall not purport to: 40
362362 (1) Declare any federal statute, regulation, executive 41
363363 order, or court decision to be void or in violation of the 42
364364 United States Constitution; 43
365365 (2) Amend any federal law or the United States 44
366366 Constitution; or 45
367367 (3) Accomplish an act that the United States 46
368368 Constitution requires to be accomplished by the general 47
369369 assembly. 48 SB 862 8
370370 116.080. 1. Each petition circulator shall be at 1
371371 least eighteen years of age and registered with the 2
372372 secretary of state. Signatures collected by any circulator 3
373373 who has not registered with the secretary of state pursuant 4
374374 to this chapter on or before 5:00 p.m. on the final day for 5
375375 filing petitions with the secretary of state shall not be 6
376376 counted. A petition circulator shall be deemed registered 7
377377 at the time such circulator delivers a signed circulator's 8
378378 affidavit pursuant to section 116.030, with respect to a 9
379379 referendum petition, or section 116.040, with respect to an 10
380380 initiative petition, to the office of the secretary of 11
381381 state. No person shall qualify as a petition circulator who 12
382382 has been convicted of, found guilty of, or pled guilty to an 13
383383 offense involving forgery un der the laws of this state or an 14
384384 offense under the laws of any other jurisdiction if that 15
385385 offense would be considered forgery under the laws of this 16
386386 state. 17
387387 2. Each petition circulator shall subscribe and swear 18
388388 to the proper affidavit on each peti tion page such 19
389389 circulator submits before a notary public commissioned in 20
390390 Missouri. When notarizing a circulator's signature, a 21
391391 notary public shall sign his or her official signature and 22
392392 affix his or her official seal to the affidavit only if the 23
393393 circulator personally appears before the notary and 24
394394 subscribes and swears to the affidavit in his or her 25
395395 presence. 26
396396 3. Any circulator who falsely swears to a circulator's 27
397397 affidavit knowing it to be false is guilty of a class A 28
398398 misdemeanor punishable, notwithstanding the provisions of 29
399399 section [560.021] 558.002 to the contrary, for a term of 30
400400 imprisonment not to exceed one year in the county jail or a 31
401401 fine not to exceed ten thousand dollars or both. 32 SB 862 9
402402 116.090. 1. Any person who commi ts any of the 1
403403 following actions is guilty of the crime of petition 2
404404 signature fraud: 3
405405 (1) Signs any name other than his or her own to any 4
406406 petition, or who knowingly signs his or her name more than 5
407407 once for the same measure for the same election, or who 6
408408 knows he or she is not at the time of signing or circulating 7
409409 the same a Missouri registered voter and a resident of this 8
410410 state; or 9
411411 (2) Intentionally submits petition signature sheets 10
412412 with the knowledge that the person whose name appears on t he 11
413413 signature sheet did not actually sign the petition; or 12
414414 (3) Causes a voter to sign a petition other than the 13
415415 one the voter intended to sign; or 14
416416 (4) Forges or falsifies signatures; or 15
417417 (5) Knowingly accepts or offers money or anything o f 16
418418 value to another person in exchange for a signature on a 17
419419 petition. 18
420420 2. Any person who knowingly causes a petition 19
421421 circulator's signatures to be submitted for counting, and 20
422422 who either knows that such circulator has violated 21
423423 subsection 1 of this section or, after receiving notice of 22
424424 facts indicating that such person may have violated 23
425425 subsection 1 of this section, causes the signatures to be 24
426426 submitted with reckless indifference as to whether such 25
427427 circulator has complied with subsection 1 of thi s section, 26
428428 shall also be deemed to have committed the crime of petition 27
429429 signature fraud. 28
430430 3. A person who violates subsection 1 or 2 of this 29
431431 section, shall, upon conviction thereof, be guilty of a 30
432432 class A misdemeanor punishable, notwithstanding th e 31
433433 provisions of section [560.021] 558.002 to the contrary, by 32 SB 862 10
434434 a term of imprisonment not to exceed one year in the county 33
435435 jail or a fine not to exceed ten thousand dollars or both. 34
436436 4. Any person employed by or serving as an election 35
437437 authority, that has reasonable cause to suspect a person has 36
438438 committed petition signature fraud, shall immediately report 37
439439 or cause a report to be made to the appropriate prosecuting 38
440440 authorities. Failure to so report or cause a report to be 39
441441 made shall be a class A misdemeanor. 40
442442 116.110. Any voter who has signed an initiative or 1
443443 referendum petition may withdraw his or her signature from 2
444444 that petition by submitting to the secretary of state, 3
445445 before the petition is filed with the secretary of stat e, a 4
446446 sworn statement requesting that his or her signature be 5
447447 withdrawn and affirming the name of the petition signed, the 6
448448 name the voter used when signing the petition, the address 7
449449 of the voter and the county of residence. It is a class A 8
450450 misdemeanor punishable, notwithstanding the provisions of 9
451451 section [560.021] 558.002 to the contrary, for a term of 10
452452 imprisonment not to exceed one year in the county jail or a 11
453453 fine not to exceed ten thousand dollars or both, to 12
454454 knowingly file a false withdrawal st atement with the 13
455455 secretary of state. 14
456456 116.130. 1. The secretary of state may send copies of 1
457457 petition pages to election authorities to verify that the 2
458458 persons whose names are listed as signers to the petition 3
459459 are registered voters. Such verification may either be of 4
460460 each signature or by random sampling as provided in section 5
461461 116.120, as the secretary shall direct. If copies of the 6
462462 petition pages are sent to an election authority for 7
463463 verification, such copies shall be sent pursua nt to the 8
464464 following schedule: 9 SB 862 11
465465 (1) Copies of all pages from not less than one 10
466466 petition shall be received in the office of the election 11
467467 authority not later than two weeks after the petition is 12
468468 filed in the office of secretary of state; 13
469469 (2) Copies of all pages of a total of three petitions 14
470470 shall be received in the office of the election authority 15
471471 not later than three weeks after the petition is filed in 16
472472 the office of the secretary of state; 17
473473 (3) If more than three petitions are filed, a ll copies 18
474474 of petition pages, including those petitions selected for 19
475475 verification by random sample pursuant to section 116.120, 20
476476 shall be received in the office of the election authority 21
477477 not later than the fourth week after the petition is filed 22
478478 in the office of the secretary of state. 23
479479 Each election authority shall check the signatures against 24
480480 voter registration records in the election authority's 25
481481 jurisdiction, but the election authority shall count as 26
482482 valid only the signatures of persons registered as voters in 27
483483 the county named in the circulator's affidavit. Signatures 28
484484 shall not be counted as valid if they have been struck 29
485485 through or crossed out. Signatures not in black or blue ink 30
486486 shall be counted as invalid without verification. 31
487487 2. If the election authority is requested to verify 32
488488 the petition by random sampling, such verification shall be 33
489489 completed and certified not later than thirty days from the 34
490490 date that the election authority receives the petition from 35
491491 the secretary of state. If the election authority is to 36
492492 verify each signature, such verification [must] shall be 37
493493 completed, certified and delivered to the secretary of state 38
494494 by 5:00 p.m. on the last Tuesday in July prior to the 39
495495 election, or in the event of complete verificatio n of 40 SB 862 12
496496 signatures after a failed random sample, full verification 41
497497 shall be completed, certified and delivered to the secretary 42
498498 of state by 5:00 p.m. on the last Tuesday in July or by 43
499499 5:00 p.m. on the Friday of the fifth week after receipt of 44
500500 the signatures by the local election authority, whichever is 45
501501 later. 46
502502 3. If the election authority or the secretary of state 47
503503 determines that the congressional district number written 48
504504 after the signature of any voter is not the congressional 49
505505 district of which the voter is a resident, the election 50
506506 authority or the secretary of state shall correct the 51
507507 congressional district number on the petition page. Failure 52
508508 of a voter to give the voter's correct congressional 53
509509 district number shall not by itself be ground s for not 54
510510 counting the voter's signature. 55
511511 4. The election authority shall return the copies of 56
512512 the petition pages to the secretary of state with 57
513513 annotations regarding any invalid or questionable signatures 58
514514 which the election authority has been as ked to check by the 59
515515 secretary of state. The election authority shall verify the 60
516516 number of pages received for that county, and also certify 61
517517 the total number of valid signatures of voters from each 62
518518 congressional district which the election authority has been 63
519519 asked to check by the secretary of state. 64
520520 5. The secretary of state is authorized to adopt rules 65
521521 to ensure uniform, complete, and accurate checking of 66
522522 petition signatures either by actual count or random 67
523523 sampling. No rule or portion of a r ule promulgated pursuant 68
524524 to this section shall become effective unless it has been 69
525525 promulgated pursuant to the provisions of chapter 536. 70
526526 6. After a period of three years from the time of 71
527527 submission of the petitions to the secretary of state, the 72 SB 862 13
528528 secretary of state, if the secretary determines that 73
529529 retention of such petitions is no longer necessary, may 74
530530 destroy such petitions. 75
531531 116.160. 1. If the general assembly adopts a joint 1
532532 resolution proposing a constitutional amendment or a bill 2
533533 without a fiscal note summary, which is to be referred to a 3
534534 vote of the people, after receipt of such resolution or bill 4
535535 the secretary of state shall promptly forward the resolution 5
536536 or bill to the state auditor. If the general assembly 6
537537 adopts a joint resolution proposing a constitutional 7
538538 amendment or a bill without an official summary statement, 8
539539 which is to be referred to a vote of the people, within 9
540540 twenty days after receipt of the resolution or bill, the 10
541541 secretary of state shall prepa re and transmit to the 11
542542 attorney general a summary statement of the measure as the 12
543543 proposed summary statement. The secretary of state may seek 13
544544 the advice of the legislator who introduced the 14
545545 constitutional amendment or bill and the speaker of the 15
546546 house or the president pro tem of the legislative chamber 16
547547 that originated the measure. The summary statement may be 17
548548 distinct from the legislative title of the proposed 18
549549 constitutional amendment or bill. The attorney general 19
550550 shall within ten days approve t he legal content and form of 20
551551 the proposed statement. 21
552552 2. The official summary statement shall contain no 22
553553 more than one hundred fifty words[, excluding articles ]. 23
554554 The title shall be a true and impartial statement of the 24
555555 purposes of the proposed me asure in language neither 25
556556 intentionally argumentative nor likely to create prejudice 26
557557 either for or against the proposed measure. 27
558558 116.230. 1. The secretary of state shall prepare 1
559559 sample ballots in the following form. 2 SB 862 14
560560 2. The top of the ballot shall read: 3
561561 "OFFICIAL BALLOT STATE OF MISSOURI" 4
562562 3. When constitutional amendments are submitted, the 5
563563 first heading shall read: 6
564564 "CONSTITUTIONAL AMENDMENTS" 7
565565 There shall follow the numbers assigned under section 8
566566 116.210 the official ballot titles prepared under section 9
567567 116.160 or 116.334, and the fiscal note summaries prepared 10
568568 under section 116.170. Constitutional amendments proposed by 11
569569 the general assembly shall be designated as "Proposed by the 12
570570 general assembly". Constitutional amendments proposed by 13
571571 initiative petition shall be designated "Proposed by 14
572572 initiative petition". Constitutional amendments proposed by 15
573573 constitutional convention shall be designated as "Proposed 16
574574 by constitutional convention". 17
575575 4. When statutory measures are submitted, the next 18
576576 heading shall read: 19
577577 "STATUTORY MEASURES" 20
578578 There shall follow the letters assigned under section 21
579579 116.220, the official ballot titles prepared under section 22
580580 116.160 or 116.334, and the fiscal note summaries prepared 23
581581 under section 116.170. Statutory initiative measures shall 24
582582 be designated "Proposed by initiative petition". Referendum 25
583583 measures shall be designated "Referendum ordered by 26
584584 petition". 27
585585 5. Immediately following the official ballot title, 28
586586 the words "Shall the measure summarized be approved?" shall 29
587587 appear with the options to vote "YES" or "NO". 30
588588 116.270. 1. [There is hereby created a "Publications 1
589589 Fund" which shall be used only to pay printing, publication, 2 SB 862 15
590590 and other expenses incurre d in submitting statewide ballot 3
591591 measures to the voters. 4
592592 2. The secretary of state shall certify to the 5
593593 commissioner of administration all valid claims for payment 6
594594 from the publications fund. On receiving the certified 7
595595 claims, the commissioner o f administration shall issue 8
596596 warrants on the state treasurer payable to each individual 9
597597 out of the publications fund ] There is hereby created in the 10
598598 state treasury the "Secretary of State's Petition 11
599599 Publications Fund", which shall consist of money coll ected 12
600600 under section 116.050. The state treasurer shall be 13
601601 custodian of the fund. In accordance with sections 30.170 14
602602 and 30.180, the state treasurer may approve disbursements. 15
603603 The fund shall be a dedicated fund and money in the fund 16
604604 shall be used solely by the secretary of state for the 17
605605 purpose of making refunds as set forth in section 116.050 18
606606 and to pay publication expenses incurred in submitting 19
607607 statewide ballot measures to the voters. Any balance in the 20
608608 fund shall be used for the purposes set forth herein before 21
609609 using a general revenue appropriation for the same purpose. 22
610610 2. Notwithstanding the provisions of section 33.080 to 23
611611 the contrary, any moneys remaining in the fund at the end of 24
612612 the biennium shall not revert to the credit of the general 25
613613 revenue fund. 26
614614 3. The state treasurer shall invest moneys in the fund 27
615615 in the same manner as other funds are invested. Any 28
616616 interest and moneys earned on such investments shall be 29
617617 credited to the fund . 30
618618 116.332. 1. Before a constitutional amendment 1
619619 petition, a statutory initiative petition, or a referendum 2
620620 petition may be circulated for signatures, a sample sheet 3
621621 [must] shall be submitted to the secretary of state in the 4 SB 862 16
622622 form in which it will be circulated. Sample initiative 5
623623 petition sheets shall be filed no earlier than twelve weeks 6
624624 following a general election. When a person submits a 7
625625 sample sheet of a petition he or she shall designate to the 8
626626 secretary of state the name and address of the person to 9
627627 whom any notices shall be sent pursuant to sections 116.140 10
628628 and 116.180 and, if a committee or person, except the 11
629629 individual submitting the sample sheet, is funding any 12
630630 portion of the drafting or submitting of the sample sheet, 13
631631 the person submitting the sample sheet shall submit a copy 14
632632 of the filed statement of committee organization required 15
633633 under subsection 5 of section 130.021 showing the date the 16
634634 statement was filed. The secretary of state shall refer a 17
635635 copy of the petition sheet to the attorney general for [his] 18
636636 approval and to the state auditor for purposes of preparing 19
637637 a fiscal note and fiscal note summary. The secretary of 20
638638 state and attorney general [must] shall each review the 21
639639 petition for [sufficiency as to form ] compliance with 22
640640 section 116.050 and article III, sections 28, 49, 50, 51, 23
641641 and 52(a) of the Missouri Constitution and approve or reject 24
642642 [the form of] the petition, stating the reasons for 25
643643 rejection, if any. 26
644644 2. Within two business days of receipt of any such 27
645645 sample sheet, the office of the secretary of state shall 28
646646 conspicuously post on its website the text of the proposed 29
647647 measure, a disclaimer stating that such text may not 30
648648 constitute the full and correct text as required under 31
649649 section 116.050, and the name of the person or organization 32
650650 submitting the sample sheet. The secretary of state's 33
651651 failure to comply with such posting shall be considered a 34
652652 violation of chapter 610 and subject to the penalties 35
653653 provided under subsection 3 of section 610.027. The posting 36 SB 862 17
654654 shall be removed within three days of either the withdrawal 37
655655 of the petition under section 116.115 or the rejection for 38
656656 any reason of the petition. 39
657657 3. Upon receipt of a petition from the office of the 40
658658 secretary of state, the attorney general shall examine t he 41
659659 petition [as to form] and determine whether it complies with 42
660660 section 116.050 and article III, sections 28, 49, 50, 51, 43
661661 and 52(a) of the Missouri Constitution . If the petition is 44
662662 rejected [as to form], the attorney general shall forward 45
663663 his or her comments to the secretary of state within ten 46
664664 days after receipt of the petition by the attorney general. 47
665665 If the petition is approved [as to form], the attorney 48
666666 general shall forward his or her approval [as to form] to 49
667667 the secretary of state within te n days after receipt of the 50
668668 petition by the attorney general. 51
669669 4. The secretary of state shall review the comments 52
670670 and statements of the attorney general [as to form] and make 53
671671 a final decision as to the approval or rejection [of the 54
672672 form] of the petition. The secretary of state shall send 55
673673 written notice to the person who submitted the petition 56
674674 sheet of the approval within fifteen days after submission 57
675675 of the petition sheet. The secretary of state shall send 58
676676 written notice if the petition has been rejected, together 59
677677 with reasons for rejection, within fifteen days after 60
678678 submission of the petition sheet. 61
679679 116.334. 1. If the petition [form] is approved 1
680680 pursuant to section 116.332 , the secretary of state shall 2
681681 make a copy of the sample petition available on the 3
682682 secretary of state's website. For a period of fifteen days 4
683683 after the petition is approved [as to form] pursuant to 5
684684 section 116.332, the secretary of state shall accept public 6
685685 comments regarding the proposed measur e and provide copies 7 SB 862 18
686686 of such comments upon request. Within twenty-three days of 8
687687 receipt of such approval, the secretary of state shall 9
688688 prepare and transmit to the attorney general a summary 10
689689 statement of the measure which shall be a concise statement 11
690690 not exceeding one hundred fifty words. This statement shall 12
691691 [be in the form of a question using ] use language neither 13
692692 intentionally argumentative nor likely to create prejudice 14
693693 either for or against the proposed measure. The attorney 15
694694 general shall within ten days approve the legal content and 16
695695 form of the proposed statement. 17
696696 2. Signatures obtained prior to the date the official 18
697697 ballot title is certified by the secretary of state shall 19
698698 not be counted. If a court orders a change that 20
699699 substantially alters the content of the official ballot 21
700700 title under subsection 4 of section 116.190, then all 22
701701 signatures gathered before such change occurred shall be 23
702702 invalidated, regardless of whether those signatures were 24
703703 gathered on petition pages that displ ayed what was 25
704704 previously the official ballot title as certified by the 26
705705 secretary of state. 27
706706 3. Signatures for statutory initiative petitions shall 28
707707 be filed not later than six months prior to the general 29
708708 election during which the petition's ballot measure is 30
709709 submitted for a vote, and shall also be collected not 31
710710 earlier than the day after the day upon which the previous 32
711711 general election was held. 33
712712 Section B. Section A of this act shall become 1
713713 effective on November 9, 2022. 2
714714