COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:2757H.01P Bill No.:Perfected HJR 66 Subject:Elections; Constitutional AmendmentsType:Original Date:May 2, 2023Bill Summary:This joint resolution modifies constitutional provisions about elections and voting. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2024FY 2025FY 2026 General Revenue* $0 or (More than $10,000,000)$0$0 Total Estimated Net Effect on General Revenue $0 or (More than $10,000,000)$0$0 *The potential fiscal impact of “(More than $10,000,000)” 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 2024FY 2025FY 2026Total Estimated Net Effect on Other State Funds $0$0$0 Numbers within parentheses: () indicate costs or losses. L.R. No. 2757H.01P Bill No. Perfected HJR 66 Page 2 of May 2, 2023 SAK:LR:OD ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2024FY 2025FY 2026Total Estimated Net Effect on All Federal Funds $0$0$0 ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2024FY 2025FY 2026Total 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 2024FY 2025FY 2026Local Government$0*$0 $0 *Transfer out and transfer in net to zero if the Governor calls a special election. L.R. No. 2757H.01P Bill No. Perfected HJR 66 Page 3 of May 2, 2023 SAK:LR:OD FISCAL ANALYSIS ASSUMPTION Officials from Office of the Secretary of State (SOS) assume, 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 $10 million based on the cost of the 2022 primary and general election reimbursements. 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. For the FY24 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, the SOS reserves the right to request funding to meet the cost of the 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 2024. 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 2024 and the next scheduled general election is in November 2024 (both in FY 2025). 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). L.R. No. 2757H.01P Bill No. Perfected HJR 66 Page 4 of May 2, 2023 SAK:LR:OD Therefore, Oversight will reflect a potential election cost reimbursement to local political subdivisions in FY 2024. Officials from the Missouri House of Representatives, the Missouri Senate, the Platte County Board of Elections, Greene County Clerk’s Office, and the 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. House Amendment 1 (HA1) Oversight notes that HA1 removes Section 25 which required every voting machine used for the purpose of counting and tabulating results in the state of Missouri to be tested and certified as secure prior to each election in which the machine will be used. Therefore, Oversight will remove the potential fiscal impact that was in the fiscal note for the introduced joint resolution regarding testing and verifying voting machines. 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 listing of political subdivisions included in the Missouri Legislative Information System (MOLIS) database is available upon request. FISCAL IMPACT – State GovernmentFY 2024 (10 Mo.) FY 2025FY 2026GENERAL REVENUETransfer Out - SOS - reimbursement of local election authority election costs if a special election is called by the Governor $0 or (More than $10,000,000)*$0$0 ESTIMATED NET EFFECT ON GENERAL REVENUE $0 or (More than $10,000,000)*$0$0 *SOS has updated the estimated cost of a statewide special election after examining actual reimbursement costs for the General Primary and General Election during 2022. L.R. No. 2757H.01P Bill No. Perfected HJR 66 Page 5 of May 2, 2023 SAK:LR:OD FISCAL IMPACT – Local GovernmentFY 2024 (10 Mo.) FY 2025FY 2026LOCAL POLITICAL SUBDIVISIONS Transfer In - Local Election Authorities - reimbursement of election costs by the State for a special election $0 or More than $10,000,000*$0$0 Costs - Local Election Authorities - cost of a special election if called for by the Governor $0 or (More than $10,000,000)*$0$0 ESTIMATED NET EFFECT ON LOCAL POLITICAL SUBDIVISIONS$0 $0 $0 *SOS has updated the estimated cost of a statewide special election after examining actual reimbursement costs for the General Primary and General Election during 2022. 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 Constitutional amendment specifies that only citizens of the United States are considered legal voters, that all elections shall be by paper ballot or any mechanical method prescribed by law, that voters are entitled to only one vote for each office or issue on a ballot, and that the candidate receiving the greatest number of votes in a primary election shall be the only candidate for that party in the following general election. 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. 2757H.01P Bill No. Perfected HJR 66 Page 6 of May 2, 2023 SAK:LR:OD SOURCES OF INFORMATION Office of the Secretary of State Missouri House of Representatives Missouri Senate Platte County Board of Elections Greene County Clerk’s Office St. Louis County Board of Elections Julie MorffRoss StropeDirectorAssistant DirectorMay 2, 2023May 2, 2023