SECOND REGULAR SESSION
SENATE BILL NO. 1076
102ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR KOENIG.
4205S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 116.160, RSMo, and to enact in lieu thereof one new section relating to ballot
summaries prepared by the general assembly.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 116.160, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 116.160, 2
to read as follows:3
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 pro posing 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 prepare 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 SB 1076 2
constitutional amendment or bill. The attorney general 19
shall within ten days approve the legal content and form of 20
the proposed statement. 21
2. If the general assembly adopts a joint resolution 22
proposing a constitutional amendment or statutory measure 23
that includes an official summary statement, the statement 24
shall appear on the ballot, and no court shall ha ve the 25
authority to rewrite or edit the summary statement or ballot 26
language. If such summary statement or ballot language is 27
challenged in court and the court finds the summary 28
statement or ballot language to be legally flawed, the 29
summary statement shall only be rewritten by the secretary 30
of state, provided that the general assembly may, by passage 31
of a concurrent resolution, pass a new summary statement at 32
any time during a meeting of the general assembly prior to 33
the sixth Tuesday before the e lection at which the ballot 34
measure will be voted on by the people. Any such summary 35
statement shall comply with section 116.155 or this section, 36
as applicable. 37
3. The official summary statement shall contain no 38
more than fifty words, excluding articles. The title shall 39
be a true and impartial statement of the purposes of the 40
proposed measure in language neither intentionally 41
argumentative nor likely to create prejudice either for or 42
against the proposed measure. 43