COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:3045S.01I Bill No.:SJR 73 Subject:Constitutional Amendments; Initiative and Referendum Petitions Type:Original Date:January 26, 2024Bill Summary:This proposal modifies procedures for ballot measures submitted to the
voters.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2025FY 2026FY 2027
General Revenue*
$0 or (More than
$8,000,000)$0$0
Total Estimated Net
Effect on General
Revenue
$0 or (More than
$8,000,000)$0$0
*The potential fiscal impact of “(More than $8,000,000)” 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 2025FY 2026FY 2027Total Estimated Net
Effect on Other State
Funds $0$0$0
Numbers within parentheses: () indicate costs or losses. L.R. No. 3045S.01I
Bill No. SJR 73
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January 26, 2024
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ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2025FY 2026FY 2027Total Estimated Net
Effect on All Federal
Funds $0$0$0
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2025FY 2026FY 2027Total 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 2025FY 2026FY 2027Local Government$0*$0$0
*The potential fiscal impact to local election authorities (reimbursed by the state) would be
realized only if a special election were called by the Governor to submit this joint resolution to
voters. L.R. No. 3045S.01I
Bill No. SJR 73
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January 26, 2024
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FISCAL ANALYSIS
ASSUMPTION
Officials from the Missouri House of Representatives, the Missouri Senate, the Missouri
Highway Patrol, Missouri Ethics Commission and the Office of the State Public Defender
each assume no fiscal impact from the joint resolution.
Officials from Office of the State Courts Administrator state there may be some impact but
there is no way to quantify that currently. Any significant changes will be reflected in future
budget requests.
Officials from the Attorney General’s Office (AGO) assume any potential litigation costs
arising from this proposal can be absorbed with existing resources. The AGO may seek
additional appropriations if the proposal results in a significant increase in litigation or
investigation.
Officials from the Jackson County Election Board, the Platte County Board of Elections, the
St. Louis City Board of Elections, the St. Louis County Board of Elections and the Greene
County Clerk each assume no fiscal impact from the joint resolution.
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 $8 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. L.R. No. 3045S.01I
Bill No. SJR 73
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For the FY25 petitions cycle, the SOS estimates publication costs at $60,000 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 2025. 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 general
election is in November 2024 (FY 2025). It is assumed the subject within this proposal could be
on this ballot; 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 2025.
FISCAL IMPACT – State GovernmentFY 2025
(10 Mo.)
FY 2026FY 2027GENERAL REVENUETransfer Out - SOS - reimbursement of
local election authority election costs if
a special election is called by the
Governor
$0 or (More
than
$8,000,000)$0$0
ESTIMATED NET EFFECT ON
GENERAL REVENUE*
$0 or (More
than
$8,000,000)
$0$0
*The potential fiscal impact of “(More than $8,000,000)” would be realized only if a special
election were called by the Governor to submit this joint resolution to voters. L.R. No. 3045S.01I
Bill No. SJR 73
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FISCAL IMPACT – Local GovernmentFY 2025
(10 Mo.)
FY 2026FY 2027LOCAL POLITICAL
SUBDIVISIONS
Transfer In - Local Election
Authorities - reimbursement of election
costs by the State for a special election
$0 or More
than
$8,000,000
$0$0
Costs - Local Election Authorities -
cost of a special election if called for by
the Governor
$0 or (More
than
$8,000,000)$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
This constitutional amendment, if approved by the voters, modifies various provisions relating to
initiative petitions.
(SECTION 50.2)
The amendment requires the person or entity filing an initiative petition proposing a
constitutional amendment to indicate on the sample sheet whether any specific campaign
committee is responsible for the measure. Furthermore, any other campaign committee that
supports the measure shall also notify the Secretary of State.
VOTER APPROVAL THRESHOLD
(SECTION 51.2)
The voter approval threshold is amended for initiative petitions proposing constitutional
amendments based on the total percentage of campaign contributions received in support of the
measure by sponsoring campaign committees and supporting campaign committees from in-state
contributors and out-of-state contributors. As such, any initiative petition proposing a
constitutional amendment shall only take effect as follows: L.R. No. 3045S.01I
Bill No. SJR 73
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· If the sponsoring campaign committee or any supporting campaign committee accepts
contributions during the election cycle from only in-state contributors, the measure shall take
effect when approved by a majority of the votes cast thereon;
· If the sponsoring campaign committee or any supporting campaign committee accepts
contributions during the election cycle from an out-of-state contributor, the measure shall take
effect when approved by a majority plus an additional one percent for every whole increment of
two percent of the total percentage of contributions that are received, in the aggregate, from an
out-of-state contributor by the sponsoring campaign committee or any supporting campaign
committee during the election cycle.
REPORTING REQUIREMENTS
(SECTION 51(A).1)
A sponsoring or supporting campaign committees shall make the following reports:
· Not later than the 8th day prior to the election at which the measure is to appear on the ballot
for the period closing on the twelfth day before the election the committee shall report the total
amount of all contributions received during the election cycle, identified by name and address of
each contributor; and
· Not later than 72 hours prior to the election at which the measure is to appear on the ballot, the
committee shall report the total percentage of contributions received from out-of-state
contributors and in-state contributors, respectively.
CALCULATION OF VOTER APPROVAL THRESHOLD
(SECTION 51(A).2-3)
Not later than 24 hours before the election, the Secretary of State is required to calculate the
voter approval threshold for each initiative petition proposing a constitutional amendment. For
every whole increment of two percent of the total percentage of contributions that are received,
in the aggregate, from an out-of-state contributor by the sponsoring campaign committee or any
supporting campaign committee of an initiative petition proposing a constitutional amendment
during the election cycle, the secretary of state shall add one percentage point to the simple
majority threshold needed for approval.
COMPLAINT PROCESS
(SECTION 51(A).4)
Any natural person may file a complaint with the Missouri ethics commission as provided in this
section within thirty days of the date of the election. Any such complaint shall be in writing,
shall state all facts known by the complainant which have given rise to the complaint, and shall
be sworn to, under penalty of perjury, by the complainant. Complaints are limited to challenging
the accuracy of:
· Any campaign contribution disclosure report made pursuant this amendment; or
· The calculation of the voter approval threshold pursuant to this amendment. L.R. No. 3045S.01I
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All complaints shall be referred to the State Auditor who shall compile a report for referral to the
Attorney General if evidence is discovered that either funds were misreported or the voter
approval threshold was miscalculated. Upon receipt of such report, the Attorney General shall
petition the Missouri Supreme Court for a hearing. Upon receipt of the petition, the Court shall
either dismiss the petition or issue an order of relief, as described in the amendment.
UNLAWFUL ACTIONS
(SECTION 51(A).5-6)
No person shall transfer anything of value to any sponsoring or supporting committee with the
intent to conceal, from the Missouri Ethics Commission or the Secretary of State, the identity of
the actual source. Any violation of this provision is punishable as a class E felony for first
offenses, with increased penalties for subsequent offenses.
It shall be unlawful for:
· A government of a foreign country or a foreign political party to sponsor an initiative petition;
· A government of a foreign country or a foreign political party to directly or indirectly make:
a) A contribution or donation of money or other thing of value, or make an express or implied
promise to make a contribution or donation, in connection with an initiative petition;
b) A contribution or donation to a political committee or a political party favoring or opposing an
initiative petition; or
c) An expenditure, independent expenditure, or disbursement for an electioneering
communication, whether print, broadcast, or digital media, or otherwise, related to an initiative
petition; or
· A person to solicit, accept, or receive a contribution or donation from a government of a foreign
country or a foreign political party, in connection with an initiative petition.
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. 3045S.01I
Bill No. SJR 73
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SOURCES OF INFORMATION
Office of the Secretary of State
Attorney General’s Office
Missouri Highway Patrol
Office of the State Courts Administrator
Office of the State Public Defender
Missouri Ethics Commission
Jackson County Election Board
Platte County Board of Elections
St. Louis City Board of Elections
St. Louis County Board of Elections
Greene County Clerk
Julie MorffRoss StropeDirectorAssistant DirectorJanuary 26, 2024January 26, 2024