Missouri 2022 Regular Session

Missouri Senate Bill SB862 Latest Draft

Bill / Introduced Version Filed 12/08/2021

                             
EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted 
and is intended to be omitted in the law. 
SECOND REGULAR SESSION 
SENATE BILL NO. 862 
101ST GENERAL ASSEMBLY  
INTRODUCED BY SENATOR ONDER. 
4139S.01I 	ADRIANE D. CROUSE, Secretary  
AN ACT 
To repeal sections 116.030, 116.040, 116.050, 116.080, 116.090, 116.110, 116.130, 116.160, 
116.230, 116.270, 116.332, and 116.334, RSMo, and to enact in lieu thereof thirteen 
new sections relating to the petition process for amending the law, with penalty 
provisions and an effective date. 
 
Be it enacted by the General Assembly of the State of Missouri, as follows: 
     Section A.  Sections 116.030, 116.040, 116.050, 116.080, 1 
116.090, 116.110, 116.130, 116.160, 116.230, 116.270, 116.332, 2 
and 116.334, RSMo, are repealed and thirteen new sections 3 
enacted in lieu thereof, to be known as sections 116.030, 4 
116.040, 116.045, 11 6.050, 116.080, 116.090, 116.110, 116.130, 5 
116.160, 116.230, 116.270, 116.332, and 116.334, to read as 6 
follows:7 
     116.030.  The following shall be substantially the form 1 
of each page of referendum petitions on any law passed by 2 
the general assembly o f the state of Missouri: 3 
4    	County ______    
5    	Page No. ______    
6 
7 
8 
9 
10 
11 
12 
13 
   It is a class A misdemeanor punishable, notwithstanding 
the provisions of section [560.021] 558.002, 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 
     SB 862 	2 
14 
15 
petition when such person knows he or she is not a 
registered voter. 
16    	PETITION FOR REFERENDUM    
17 
18 
   To the Honorable ______, Secretary of State for the 
state of Missouri: 
   
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
   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 genera l 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. 
   
35    	(Official Ballot title) ______    
36    	CIRCULATOR'S AFFIDAVIT    
37    State Of Missouri,    
38    County Of ______    
39 
40 
   I, ______, being first duly sworn, say (print or type 
names of signers) 
   
41 
42 
   NAME DATE 
SIGNED 
REGISTERED 
VOTING ADDRESS 
ZIP 
CODE 
CONGR. 
DIST. 
NAME    
43 
44 
   (Signature)  (Street) 
(City, 
 (Printed 
or 
   
45 
46 
    Town or 
Village) 
 Typed)    
47    (Here follow numbered lines for signers)   
48 
49 
50 
   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 
     SB 862 	3 
If this form is followed substantially and the requirements 76 
of [section] sections 116.045, 116.050, and [section]  77 
116.080 are met, it shall be sufficient, disregarding 78 
clerical and merely technical errors. 79 
     116.040.  The following shall be substantially the form 1 
of each page of each petition for any law or amendment to 2 
51 
52 
53 
voting address and city, town or village correctly, and 
that each signer is a registered voter of the state of 
Missouri and ______ County. 
54 
55 
56 
57 
58 
   FURTHERMORE, I HEREBY SWEAR OR AFFIRM UNDER PENALTY OF 
PERJURY THAT ALL STATEMENTS MADE BY ME ARE TRUE AND 
CORRECT AND THAT I HAVE NEVER BEEN CONVICTED OF, FOUND 
GUILTY OF, OR PLED GU ILTY TO ANY OFFENSE INVOLVING 
FORGERY. 
   
59 
60 
61 
   I am at least 18 years of age. I do ______ do not ______ 
(check one) expect to be paid for circulating this 
petition. If paid, list the payer ______ 
   
62     	__________________    
63     	Signature of Affiant   
64     	(Person obtaining signatures)    
65     	__________________    
66     	(Printed Name of Affiant)   
67     	__________________    
68     	Address of Affiant    
69 
70 
   Subscribed and sworn to before me this ______ day of 
______, A.D. ______ 
   
71     	__________________    
72     	Signature of Notary   
73     	Address of Notary    
74    Notary Public (Seal)    
75    My commission expires ______      SB 862 	4 
the Constitution of the state of Missouri proposed by the 3 
initiative: 4 
5    	County ______    
6    	Page No. ______    
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
   It is a class A misdemeanor punishable, notwithstanding 
the provisions of section [560.021] 558.002, 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.  
   
17    	INITIATIVE PETITION    
18 
19 
   To the Honorable ______, Secretary of State for the 
state of Missouri: 
   
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
   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 t heir 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. 
   
33    	(Official Ballot title) ______    
34    	CIRCULATOR'S AFFIDAVIT    
35    State Of Missouri,    
36    County Of ______     
37 
38 
   I, ______, being first duly sworn, say (print or type 
names of signers) 
     SB 862 	5 
39 
40 
   NAME DATE 
SIGNED 
REGISTERED 
VOTING ADDRESS 
ZIP 
CODE 
CONGR. 
DIST. 
NAME    
41 
42 
   (Signature)  (Street) (City,  (Printed 
or 
   
43 
44 
    Town or 
Village) 
 Typed)    
45    (Here follow numbered lines for signers)   
46 
47 
48 
49 
50 
51 
   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. 
   
52 
53 
54 
55 
56 
   FURTHERMORE, I HEREBY SWEAR OR AFFIRM UNDER PENALTY OF 
PERJURY THAT ALL STATEMENTS MADE BY ME ARE TRUE AND 
CORRECT AND THAT I HAVE NEVER BEEN CONVICTED OF, FOUND 
GUILTY OF, OR PLED GUILTY TO ANY OFFENSE INVOLVING 
FORGERY. 
   
57 
58 
59 
   I am at least 18 years of age. I do ______ do not ______ 
(check one) expect to be paid for circulating this 
petition. If paid, list the payer ______ 
   
60     	__________________    
61     	Signature of Affiant   
62     	(Person obtaining signatures)    
63     	__________________    
64     	(Printed Name of Affiant)   
65     	__________________    
66     	Address of Affiant    
67 
68 
   Subscribed and sworn to before me this ______ day of 
______, A.D. ______ 
   
69     	__________________    
70     	Signature of Notary   
71     	Address of Notary      SB 862 	6 
If this form is followed substantially and the requirements 74 
of [section] sections 116.045, 116.050, and [section]  75 
116.080 are met, it shall be sufficient, disregarding 76 
clerical and merely technical errors. 77 
     116.045.  Initiative and referendum petition signature 1 
pages shall be printed on a form as prescribed by the 2 
secretary of state, which shall include all of the 3 
information and statements set forth in section 116.030 or 4 
116.040, as applicable, and comply with section 116.050.   5 
The form shall be made available in electronic format for 6 
printing and circulating petitions. 7 
     116.050.  1.  Initiative and referendum petitions filed 1 
under the provisions of this chapter shall consist of pages 2 
of a uniform size.  Each page, excluding the text of the 3 
measure, shall be no larger than eight and one -half by  4 
fourteen inches.  The text of the proposed measure shall be 5 
in a font that is not smaller than twelve point, Times New 6 
Roman, and have a top, bottom, left, and right margin of not 7 
less than one inch.  Page numbers may appear in the bottom 8 
margin.  Each page of an initiative peti tion shall be  9 
attached to or shall contain a full and correct text of the 10 
proposed measure.  Each page of a referendum petition shall 11 
be attached to or shall contain a full and correct text of 12 
the measure on which the referendum is sought. 13 
     2.  The secretary of state shall collect an initiative 14 
and referendum petition filing fee of five hundred dollars 15 
for each petition sample sheet filed.  An additional filing 16 
fee of twenty-five dollars shall be collected for each page 17 
72    Notary Public (Seal)    
73    My commission expires ______      SB 862 	7 
of text of the measure in excess of ten pages.  The filing  18 
fee shall be deposited in the state treasury and credited to 19 
the secretary of state's petition publications fund 20 
established under section 116.270.  The filing fee shall be 21 
refunded from the fund to the person designat ed as the  22 
recipient of notices pursuant to section 116.332 if the 23 
initiative or referendum petition is certified pursuant to 24 
section 116.150.  The secretary of state shall reject any 25 
petition sample sheet that is not accompanied by the 26 
required fee. 27 
    3.  The full and correct text of all initiative and 28 
referendum petition measures shall: 29 
     (1)  Contain all matter which is to be deleted included 30 
in its proper place enclosed in brackets and all new matter 31 
shown underlined; 32 
     (2)  Include all sections of existing law or of the 33 
constitution which would be repealed by the measure; and 34 
     (3)  Otherwise conform to the provisions of [Article  35 
III, Section 28 and] Article III, [Section] Sections 28, 49,  36 
50, 51, and 52(a) of the Missouri Constitution and those of  37 
this chapter. 38 
     4.  The full and correct text of all initiative 39 
petition measures shall not purport to: 40 
     (1)  Declare any federal statute, regulation, executive 41 
order, or court decision to be void or in violation of the 42 
United States Constitution; 43 
     (2)  Amend any federal law or the United States 44 
Constitution; or 45 
     (3)  Accomplish an act that the United States 46 
Constitution requires to be accomplished by the general 47 
assembly. 48   SB 862 	8 
     116.080.  1.  Each petition circulator shall be at 1 
least eighteen years of age and registered with the 2 
secretary of state.  Signatures collected by any circulator 3 
who has not registered with the secretary of state pursuant 4 
to this chapter on or before 5:00 p.m. on the final day for  5 
filing petitions with the secretary of state shall not be 6 
counted.  A petition circulator shall be deemed registered 7 
at the time such circulator delivers a signed circulator's 8 
affidavit pursuant to section 116.030, with respect to a 9 
referendum petition, or section 116.040, with respect to an 10 
initiative petition, to the office of the secretary of 11 
state.  No person shall qualify as a petition circulator who 12 
has been convicted of, found guilty of, or pled guilty to an 13 
offense involving forgery un der the laws of this state or an 14 
offense under the laws of any other jurisdiction if that 15 
offense would be considered forgery under the laws of this 16 
state. 17 
     2.  Each petition circulator shall subscribe and swear 18 
to the proper affidavit on each peti tion page such  19 
circulator submits before a notary public commissioned in 20 
Missouri.  When notarizing a circulator's signature, a 21 
notary public shall sign his or her official signature and 22 
affix his or her official seal to the affidavit only if the 23 
circulator personally appears before the notary and 24 
subscribes and swears to the affidavit in his or her 25 
presence. 26 
     3.  Any circulator who falsely swears to a circulator's 27 
affidavit knowing it to be false is guilty of a class A 28 
misdemeanor punishable, notwithstanding the provisions of 29 
section [560.021] 558.002 to the contrary, for a term of 30 
imprisonment not to exceed one year in the county jail or a 31 
fine not to exceed ten thousand dollars or both. 32   SB 862 	9 
     116.090.  1.  Any person who commi ts any of the  1 
following actions is guilty of the crime of petition 2 
signature fraud: 3 
     (1)  Signs any name other than his or her own to any 4 
petition, or who knowingly signs his or her name more than 5 
once for the same measure for the same election, or who  6 
knows he or she is not at the time of signing or circulating 7 
the same a Missouri registered voter and a resident of this 8 
state; or 9 
     (2)  Intentionally submits petition signature sheets 10 
with the knowledge that the person whose name appears on t he  11 
signature sheet did not actually sign the petition; or 12 
     (3)  Causes a voter to sign a petition other than the 13 
one the voter intended to sign; or 14 
     (4)  Forges or falsifies signatures; or 15 
     (5)  Knowingly accepts or offers money or anything o f  16 
value to another person in exchange for a signature on a 17 
petition. 18 
     2.  Any person who knowingly causes a petition 19 
circulator's signatures to be submitted for counting, and 20 
who either knows that such circulator has violated 21 
subsection 1 of this section or, after receiving notice of 22 
facts indicating that such person may have violated 23 
subsection 1 of this section, causes the signatures to be 24 
submitted with reckless indifference as to whether such 25 
circulator has complied with subsection 1 of thi s section,  26 
shall also be deemed to have committed the crime of petition 27 
signature fraud. 28 
     3.  A person who violates subsection 1 or 2 of this 29 
section, shall, upon conviction thereof, be guilty of a 30 
class A misdemeanor punishable, notwithstanding th e  31 
provisions of section [560.021] 558.002 to the contrary, by 32   SB 862 	10 
a term of imprisonment not to exceed one year in the county 33 
jail or a fine not to exceed ten thousand dollars or both. 34 
     4.  Any person employed by or serving as an election 35 
authority, that has reasonable cause to suspect a person has 36 
committed petition signature fraud, shall immediately report 37 
or cause a report to be made to the appropriate prosecuting 38 
authorities.  Failure to so report or cause a report to be 39 
made shall be a class A misdemeanor. 40 
     116.110.  Any voter who has signed an initiative or 1 
referendum petition may withdraw his or her signature from 2 
that petition by submitting to the secretary of state, 3 
before the petition is filed with the secretary of stat e, a  4 
sworn statement requesting that his or her signature be 5 
withdrawn and affirming the name of the petition signed, the 6 
name the voter used when signing the petition, the address 7 
of the voter and the county of residence.  It is a class A  8 
misdemeanor punishable, notwithstanding the provisions of 9 
section [560.021] 558.002 to the contrary, for a term of 10 
imprisonment not to exceed one year in the county jail or a 11 
fine not to exceed ten thousand dollars or both, to 12 
knowingly file a false withdrawal st atement with the  13 
secretary of state. 14 
     116.130.  1.  The secretary of state may send copies of 1 
petition pages to election authorities to verify that the 2 
persons whose names are listed as signers to the petition 3 
are registered voters.  Such verification may either be of 4 
each signature or by random sampling as provided in section 5 
116.120, as the secretary shall direct.  If copies of the  6 
petition pages are sent to an election authority for 7 
verification, such copies shall be sent pursua nt to the  8 
following schedule: 9   SB 862 	11 
     (1)  Copies of all pages from not less than one 10 
petition shall be received in the office of the election 11 
authority not later than two weeks after the petition is 12 
filed in the office of secretary of state; 13 
     (2)  Copies of all pages of a total of three petitions 14 
shall be received in the office of the election authority 15 
not later than three weeks after the petition is filed in 16 
the office of the secretary of state; 17 
     (3)  If more than three petitions are filed, a ll copies  18 
of petition pages, including those petitions selected for 19 
verification by random sample pursuant to section 116.120, 20 
shall be received in the office of the election authority 21 
not later than the fourth week after the petition is filed 22 
in the office of the secretary of state.   23 
Each election authority shall check the signatures against 24 
voter registration records in the election authority's 25 
jurisdiction, but the election authority shall count as 26 
valid only the signatures of persons registered as voters in  27 
the county named in the circulator's affidavit.  Signatures  28 
shall not be counted as valid if they have been struck 29 
through or crossed out.  Signatures not in black or blue ink 30 
shall be counted as invalid without verification. 31 
     2.  If the election authority is requested to verify 32 
the petition by random sampling, such verification shall be 33 
completed and certified not later than thirty days from the 34 
date that the election authority receives the petition from 35 
the secretary of state.  If the election authority is to 36 
verify each signature, such verification [must] shall be  37 
completed, certified and delivered to the secretary of state 38 
by 5:00 p.m. on the last Tuesday in July prior to the 39 
election, or in the event of complete verificatio n of  40   SB 862 	12 
signatures after a failed random sample, full verification 41 
shall be completed, certified and delivered to the secretary 42 
of state by 5:00 p.m.  on the last Tuesday in July or by 43 
5:00 p.m. on the Friday of the fifth week after receipt of 44 
the signatures by the local election authority, whichever is 45 
later. 46 
     3.  If the election authority or the secretary of state 47 
determines that the congressional district number written 48 
after the signature of any voter is not the congressional 49 
district of which the voter is a resident, the election 50 
authority or the secretary of state shall correct the 51 
congressional district number on the petition page.  Failure  52 
of a voter to give the voter's correct congressional 53 
district number shall not by itself be ground s for not  54 
counting the voter's signature. 55 
     4.  The election authority shall return the copies of 56 
the petition pages to the secretary of state with 57 
annotations regarding any invalid or questionable signatures 58 
which the election authority has been as ked to check by the 59 
secretary of state.  The election authority shall verify the 60 
number of pages received for that county, and also certify 61 
the total number of valid signatures of voters from each 62 
congressional district which the election authority has been  63 
asked to check by the secretary of state. 64 
     5.  The secretary of state is authorized to adopt rules 65 
to ensure uniform, complete, and accurate checking of 66 
petition signatures either by actual count or random 67 
sampling.  No rule or portion of a r ule promulgated pursuant 68 
to this section shall become effective unless it has been 69 
promulgated pursuant to the provisions of chapter 536. 70 
     6.  After a period of three years from the time of 71 
submission of the petitions to the secretary of state, the 72   SB 862 	13 
secretary of state, if the secretary determines that 73 
retention of such petitions is no longer necessary, may 74 
destroy such petitions. 75 
     116.160.  1.  If the general assembly adopts a joint 1 
resolution proposing a constitutional amendment or a bill  2 
without a fiscal note summary, which is to be referred to a 3 
vote of the people, after receipt of such resolution or bill 4 
the secretary of state shall promptly forward the resolution 5 
or bill to the state auditor.  If the general assembly 6 
adopts a joint resolution proposing a constitutional 7 
amendment or a bill without an official summary statement, 8 
which is to be referred to a vote of the people, within 9 
twenty days after receipt of the resolution or bill, the 10 
secretary of state shall prepa re and transmit to the 11 
attorney general a summary statement of the measure as the 12 
proposed summary statement.  The secretary of state may seek 13 
the advice of the legislator who introduced the 14 
constitutional amendment or bill and the speaker of the 15 
house or the president pro tem of the legislative chamber 16 
that originated the measure.  The summary statement may be 17 
distinct from the legislative title of the proposed 18 
constitutional amendment or bill.  The attorney general 19 
shall within ten days approve t he legal content and form of 20 
the proposed statement. 21 
     2.  The official summary statement shall contain no 22 
more than one hundred fifty words[, excluding articles ].   23 
The title shall be a true and impartial statement of the 24 
purposes of the proposed me asure in language neither 25 
intentionally argumentative nor likely to create prejudice 26 
either for or against the proposed measure. 27 
     116.230.  1.  The secretary of state shall prepare 1 
sample ballots in the following form. 2   SB 862 	14 
     2.  The top of the ballot shall read: 3 
 "OFFICIAL BALLOT STATE OF MISSOURI" 4 
     3.  When constitutional amendments are submitted, the 5 
first heading shall read: 6 
 "CONSTITUTIONAL AMENDMENTS" 7 
There shall follow the numbers assigned under section 8 
116.210 the official ballot titles prepared under section 9 
116.160 or 116.334, and the fiscal note summaries prepared 10 
under section 116.170. Constitutional amendments proposed by 11 
the general assembly shall be designated as "Proposed by the 12 
general assembly".  Constitutional amendments proposed by 13 
initiative petition shall be designated "Proposed by 14 
initiative petition".  Constitutional amendments proposed by 15 
constitutional convention shall be designated as "Proposed 16 
by constitutional convention". 17 
     4.  When statutory measures are submitted, the next 18 
heading shall read: 19 
 "STATUTORY MEASURES" 20 
There shall follow the letters assigned under section 21 
116.220, the official ballot titles prepared under section 22 
116.160 or 116.334, and the fiscal note summaries prepared 23 
under section 116.170. Statutory initiative measures shall 24 
be designated "Proposed by initiative petition".  Referendum  25 
measures shall be designated "Referendum ordered by 26 
petition". 27 
     5.  Immediately following the official ballot title, 28 
the words "Shall the measure summarized be approved?" shall 29 
appear with the options to vote "YES" or "NO". 30 
     116.270.  1.  [There is hereby created a "Publications 1 
Fund" which shall be used only to pay printing, publication, 2   SB 862 	15 
and other expenses incurre d in submitting statewide ballot 3 
measures to the voters. 4 
     2.  The secretary of state shall certify to the 5 
commissioner of administration all valid claims for payment 6 
from the publications fund.  On receiving the certified 7 
claims, the commissioner o f administration shall issue 8 
warrants on the state treasurer payable to each individual 9 
out of the publications fund ] There is hereby created in the 10 
state treasury the "Secretary of State's Petition 11 
Publications Fund", which shall consist of money coll ected  12 
under section 116.050.  The state treasurer shall be 13 
custodian of the fund.  In accordance with sections 30.170 14 
and 30.180, the state treasurer may approve disbursements.   15 
The fund shall be a dedicated fund and money in the fund 16 
shall be used solely by the secretary of state for the 17 
purpose of making refunds as set forth in section 116.050 18 
and to pay publication expenses incurred in submitting 19 
statewide ballot measures to the voters.  Any balance in the 20 
fund shall be used for the purposes set forth herein before 21 
using a general revenue appropriation for the same purpose. 22 
     2.  Notwithstanding the provisions of section 33.080 to 23 
the contrary, any moneys remaining in the fund at the end of 24 
the biennium shall not revert to the credit of the general  25 
revenue fund. 26 
     3.  The state treasurer shall invest moneys in the fund 27 
in the same manner as other funds are invested.  Any  28 
interest and moneys earned on such investments shall be 29 
credited to the fund . 30 
     116.332.  1.  Before a constitutional amendment 1 
petition, a statutory initiative petition, or a referendum 2 
petition may be circulated for signatures, a sample sheet 3 
[must] shall be submitted to the secretary of state in the 4   SB 862 	16 
form in which it will be circulated.  Sample initiative  5 
petition sheets shall be filed no earlier than twelve weeks 6 
following a general election.  When a person submits a 7 
sample sheet of a petition he or she shall designate to the 8 
secretary of state the name and address of the person to 9 
whom any notices shall be sent pursuant to sections 116.140 10 
and 116.180 and, if a committee or person, except the 11 
individual submitting the sample sheet, is funding any 12 
portion of the drafting or submitting of the sample sheet, 13 
the person submitting the sample sheet shall submit a copy 14 
of the filed statement of committee organization required 15 
under subsection 5 of section 130.021 showing the date the 16 
statement was filed.  The secretary of state shall refer a 17 
copy of the petition sheet to the attorney general for [his]  18 
approval and to the state auditor for purposes of preparing 19 
a fiscal note and fiscal note summary.  The secretary of  20 
state and attorney general [must] shall each review the  21 
petition for [sufficiency as to form ] compliance with  22 
section 116.050 and article III, sections 28, 49, 50, 51, 23 
and 52(a) of the Missouri Constitution and approve or reject 24 
[the form of] the petition, stating the reasons for 25 
rejection, if any. 26 
     2.  Within two business days of receipt of any such 27 
sample sheet, the office of the secretary of state shall 28 
conspicuously post on its website the text of the proposed 29 
measure, a disclaimer stating that such text may not 30 
constitute the full and correct text as required under 31 
section 116.050, and the name of the person or organization  32 
submitting the sample sheet.  The secretary of state's 33 
failure to comply with such posting shall be considered a 34 
violation of chapter 610 and subject to the penalties 35 
provided under subsection 3 of section 610.027.  The posting  36   SB 862 	17 
shall be removed within three days of either the withdrawal 37 
of the petition under section 116.115 or the rejection for 38 
any reason of the petition. 39 
     3.  Upon receipt of a petition from the office of the 40 
secretary of state, the attorney general shall examine t he  41 
petition [as to form] and determine whether it complies with 42 
section 116.050 and article III, sections 28, 49, 50, 51, 43 
and 52(a) of the Missouri Constitution .  If the petition is 44 
rejected [as to form], the attorney general shall forward 45 
his or her comments to the secretary of state within ten 46 
days after receipt of the petition by the attorney general.   47 
If the petition is approved [as to form], the attorney  48 
general shall forward his or her approval [as to form] to  49 
the secretary of state within te n days after receipt of the 50 
petition by the attorney general. 51 
     4.  The secretary of state shall review the comments 52 
and statements of the attorney general [as to form] and make  53 
a final decision as to the approval or rejection [of the  54 
form] of the petition.  The secretary of state shall send 55 
written notice to the person who submitted the petition 56 
sheet of the approval within fifteen days after submission 57 
of the petition sheet.  The secretary of state shall send 58 
written notice if the petition has been rejected, together 59 
with reasons for rejection, within fifteen days after 60 
submission of the petition sheet. 61 
     116.334.  1.  If the petition [form] is approved  1 
pursuant to section 116.332 , the secretary of state shall 2 
make a copy of the sample petition available on the 3 
secretary of state's website.  For a period of fifteen days 4 
after the petition is approved [as to form] pursuant to  5 
section 116.332, the secretary of state shall accept public 6 
comments regarding the proposed measur e and provide copies 7   SB 862 	18 
of such comments upon request.  Within twenty-three days of  8 
receipt of such approval, the secretary of state shall 9 
prepare and transmit to the attorney general a summary 10 
statement of the measure which shall be a concise statement 11 
not exceeding one hundred fifty words.  This statement shall 12 
[be in the form of a question using ] use language neither  13 
intentionally argumentative nor likely to create prejudice 14 
either for or against the proposed measure.  The attorney  15 
general shall within ten days approve the legal content and 16 
form of the proposed statement. 17 
     2.  Signatures obtained prior to the date the official 18 
ballot title is certified by the secretary of state shall 19 
not be counted.  If a court orders a change that 20 
substantially alters the content of the official ballot 21 
title under subsection 4 of section 116.190, then all 22 
signatures gathered before such change occurred shall be 23 
invalidated, regardless of whether those signatures were 24 
gathered on petition pages that displ ayed what was  25 
previously the official ballot title as certified by the 26 
secretary of state. 27 
     3.  Signatures for statutory initiative petitions shall 28 
be filed not later than six months prior to the general 29 
election during which the petition's ballot measure is  30 
submitted for a vote, and shall also be collected not 31 
earlier than the day after the day upon which the previous 32 
general election was held. 33 
     Section B.  Section A of this act shall become 1 
effective on November 9, 2022. 2 
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