| 1 | 1 | | |
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| 2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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| 3 | 3 | | and is intended to be omitted in the law. |
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| 4 | 4 | | SECOND REGULAR SESSION |
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| 5 | 5 | | SENATE JOINT RESOLUTION NO. 73 |
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| 6 | 6 | | 102ND GENERAL ASSEMBLY |
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| 7 | 7 | | INTRODUCED BY SENATOR SCHROER. |
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| 8 | 8 | | 3045S.01I KRISTINA MARTIN, Secretary |
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| 9 | 9 | | JOINT RESOLUTION |
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| 10 | 10 | | Submitting to the qualified voters of Missouri, an amendment repealing sections 50, 51, and 52(b) |
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| 11 | 11 | | of article III of the Constitution of Missouri, and adopting five new sections in lieu |
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| 12 | 12 | | thereof relating to procedures for ballot measures submitted to the voters, with penalty |
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| 13 | 13 | | provisions. |
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| 14 | 14 | | |
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| 15 | 15 | | Be it resolved by the Senate, the House of Representatives concurring therein: |
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| 16 | 16 | | That at the next general election to be held in the 1 |
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| 17 | 17 | | state of Missouri, on Tuesday next following the first Monday 2 |
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| 18 | 18 | | in November, 2024, or at a special election to be called by 3 |
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| 19 | 19 | | the governor for that purpose, there is hereby submitted to 4 |
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| 20 | 20 | | the qualified voters of this state, for adoption or 5 |
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| 21 | 21 | | rejection, the following amendment to article III of the 6 |
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| 22 | 22 | | Constitution of the state of Missouri:7 |
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| 23 | 23 | | Section A. Sections 50, 51, and 52(b), article III, 1 |
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| 24 | 24 | | Constitution of Missouri, are repealed and five new sections 2 |
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| 25 | 25 | | adopted in lieu thereof, to be known as sections 50, 51, 51(a), 3 |
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| 26 | 26 | | 52(b), and 54, to read as follows:4 |
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| 27 | 27 | | Section 50. 1. Initiative petitions proposing 1 |
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| 28 | 28 | | amendments to the constitution shall be signed by eight 2 |
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| 29 | 29 | | percent of the legal voters in each of two-thirds of the 3 |
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| 30 | 30 | | congressional districts in the state, and petitions 4 |
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| 31 | 31 | | proposing laws shall be signed by five percent of such 5 |
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| 32 | 32 | | voters. Every such petition shall be filed with the 6 |
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| 33 | 33 | | secretary of state not less than six months before the 7 SJR 73 2 |
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| 34 | 34 | | election and shall contain an enacting clause and the full 8 |
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| 35 | 35 | | text of the measure. 9 |
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| 36 | 36 | | 2. Upon filing an initiative petition proposing a 10 |
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| 37 | 37 | | constitutional amendment with the secretary of state, the 11 |
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| 38 | 38 | | person or entity filing the petition shall indicate on the 12 |
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| 39 | 39 | | sample sheet any sponsoring campaign committee responsible 13 |
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| 40 | 40 | | for the measure. Any supporting campaign committee that is 14 |
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| 41 | 41 | | formed or amends its status to support the measure shall 15 |
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| 42 | 42 | | notify the secretary of state of such fact. 16 |
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| 43 | 43 | | 3. Petitions for constitutiona l amendments shall not 17 |
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| 44 | 44 | | contain more than one amended and revised article of this 18 |
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| 45 | 45 | | constitution, or one new article which shall not contain 19 |
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| 46 | 46 | | more than one subject and matters properly connected 20 |
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| 47 | 47 | | therewith, and the enacting clause thereof shall be "Be it 21 |
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| 48 | 48 | | resolved by the people of the state of Missouri that the 22 |
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| 49 | 49 | | Constitution be amended:". Petitions for laws shall contain 23 |
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| 50 | 50 | | not more than one subject which shall be expressed clearly 24 |
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| 51 | 51 | | in the title, and the enacting clause thereof shall be "Be 25 |
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| 52 | 52 | | it enacted by the people of the state of Missouri:". 26 |
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| 53 | 53 | | Section 51. 1. The initiative shall not be used : 1 |
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| 54 | 54 | | (1) For the appropriation of money other than of new 2 |
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| 55 | 55 | | revenues created and provided for thereby [,]; or 3 |
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| 56 | 56 | | (2) For any other purpose prohibited by this 4 |
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| 57 | 57 | | constitution. [Except as provided in this constitution, ] 5 |
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| 58 | 58 | | 2. (1) Any measure [proposed] proposing laws shall 6 |
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| 59 | 59 | | take effect when approved by a majority of the votes cast 7 |
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| 60 | 60 | | thereon. 8 |
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| 61 | 61 | | (2) Notwithstanding section 2(b) of article XII of 9 |
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| 62 | 62 | | this constitution to the contrary, any measure proposing an 10 |
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| 63 | 63 | | amendment to this constitution shall only take effect as 11 |
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| 64 | 64 | | provided in this subdivision, as follows: 12 SJR 73 3 |
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| 65 | 65 | | (a) If the sponsoring campaign committee or any 13 |
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| 66 | 66 | | supporting campaign committee accept s contributions during 14 |
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| 67 | 67 | | the election cycle from only in -state contributors, the 15 |
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| 68 | 68 | | measure shall take effect when approved by a majority of the 16 |
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| 69 | 69 | | votes cast thereon; 17 |
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| 70 | 70 | | (b) If the sponsoring campaign committee or any 18 |
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| 71 | 71 | | supporting campaign committee accepts contributions during 19 |
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| 72 | 72 | | the election cycle from an out -of-state contributor, the 20 |
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| 73 | 73 | | measure shall take effect when approved by a majority plus 21 |
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| 74 | 74 | | an additional one percent for every whole increment of two 22 |
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| 75 | 75 | | percent of the total percentage of contributions that ar e 23 |
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| 76 | 76 | | received, in the aggregate, from an out -of-state contributor 24 |
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| 77 | 77 | | by the sponsoring campaign committee or any supporting 25 |
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| 78 | 78 | | campaign committee during the election cycle. 26 |
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| 79 | 79 | | 3. When conflicting measures are approved at the same 27 |
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| 80 | 80 | | election the one receiving the largest affirmative vote 28 |
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| 81 | 81 | | shall prevail. 29 |
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| 82 | 82 | | Section 51(a). 1. In addition to any report required 1 |
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| 83 | 83 | | to be made by law, a sponsoring or supporting campaign 2 |
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| 84 | 84 | | committee sponsoring or supporting an initiative petition 3 |
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| 85 | 85 | | proposing a constituti onal amendment shall make the 4 |
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| 86 | 86 | | following disclosure reports to the Missouri ethics 5 |
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| 87 | 87 | | commission, or in the event the Missouri ethics commission 6 |
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| 88 | 88 | | is dissolved, to the secretary of state: 7 |
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| 89 | 89 | | (1) Not later than the eighth day prior to the 8 |
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| 90 | 90 | | election at which the measure is to appear on the ballot for 9 |
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| 91 | 91 | | the period closing on the twelfth day before the election, 10 |
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| 92 | 92 | | the committee shall report the total amount of all 11 |
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| 93 | 93 | | contributions received during the election cycle, identified 12 |
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| 94 | 94 | | by name and address of each contribut or; 13 |
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| 95 | 95 | | (2) Not later than seventy -two hours prior to the 14 |
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| 96 | 96 | | election at which the measure is to appear on the ballot, 15 SJR 73 4 |
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| 97 | 97 | | the committee shall report the total percentage of 16 |
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| 98 | 98 | | contributions received from out -of-state contributors and in - 17 |
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| 99 | 99 | | state contributors, re spectively. 18 |
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| 100 | 100 | | 2. Not less than forty-eight hours prior to the 19 |
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| 101 | 101 | | election at which an initiative petition proposing a 20 |
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| 102 | 102 | | constitutional amendment is to be voted on, the Missouri 21 |
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| 103 | 103 | | ethics commission shall transmit all the reports made 22 |
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| 104 | 104 | | pursuant to subsection 1 of this section to the secretary of 23 |
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| 105 | 105 | | state. 24 |
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| 106 | 106 | | 3. Not less than twenty -four hours prior to the 25 |
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| 107 | 107 | | election at which an initiative petition proposing a 26 |
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| 108 | 108 | | constitutional amendment is to be voted on, the secretary of 27 |
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| 109 | 109 | | state shall calculate and announce the voter approval 28 |
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| 110 | 110 | | threshold for any initiative petition proposing a 29 |
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| 111 | 111 | | constitutional amendment to be approved. For every whole 30 |
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| 112 | 112 | | increment of two percent of the total percentage of 31 |
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| 113 | 113 | | contributions that are received, in the aggregate, from an 32 |
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| 114 | 114 | | out-of-state contributor by the sponsoring campaign 33 |
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| 115 | 115 | | committee or any supporting campaign committee of an 34 |
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| 116 | 116 | | initiative petition proposing a constitutional amendment 35 |
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| 117 | 117 | | during the election cycle, the secretary of state shall add 36 |
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| 118 | 118 | | one percentage point to the simple majority th reshold needed 37 |
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| 119 | 119 | | for approval. 38 |
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| 120 | 120 | | 4. (1) Any natural person may file a complaint with 39 |
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| 121 | 121 | | the Missouri ethics commission, as provided in this 40 |
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| 122 | 122 | | subsection, within thirty days of the date of the election. 41 |
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| 123 | 123 | | Any such complaint shall be in writing, shall state all 42 |
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| 124 | 124 | | facts known by the complainant that have given rise to the 43 |
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| 125 | 125 | | complaint, and shall be sworn to, under penalty of perjury, 44 |
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| 126 | 126 | | by the complainant. 45 |
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| 127 | 127 | | (2) Any natural person may file a complaint with the 46 |
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| 128 | 128 | | Missouri ethics commission challenging the accura cy of: 47 SJR 73 5 |
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| 129 | 129 | | (a) Any report made pursuant to subsection 1 of this 48 |
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| 130 | 130 | | section; or 49 |
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| 131 | 131 | | (b) The calculation of the voter approval threshold 50 |
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| 132 | 132 | | pursuant to subsection 3 of this section. 51 |
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| 133 | 133 | | (3) Upon receipt of a complaint filed pursuant to 52 |
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| 134 | 134 | | subdivision (2) of this subsection, the commission shall 53 |
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| 135 | 135 | | refer the matter to the state auditor who shall audit the 54 |
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| 136 | 136 | | reports of the sponsoring campaign committee and all 55 |
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| 137 | 137 | | supporting campaign committees filed pursuant to subsection 56 |
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| 138 | 138 | | 1 of this section to verify the percentage of contributions 57 |
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| 139 | 139 | | received from in-state contributors and the percentage of 58 |
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| 140 | 140 | | contributions received from out -of-state contributors. If 59 |
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| 141 | 141 | | the state auditor finds evidence that funds were misreported 60 |
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| 142 | 142 | | or the voter approval threshold was miscalculated, then t he 61 |
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| 143 | 143 | | state auditor shall compile a report for the attorney 62 |
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| 144 | 144 | | general detailing such facts. 63 |
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| 145 | 145 | | (4) (a) Upon receipt of report made pursuant to 64 |
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| 146 | 146 | | subdivision (3) of this subsection, the attorney general 65 |
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| 147 | 147 | | shall petition the supreme court for a hearing, at wh ich 66 |
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| 148 | 148 | | point the court shall, as soon as practicable, hold a 67 |
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| 149 | 149 | | hearing and either dismiss the petition or issue an order as 68 |
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| 150 | 150 | | provided in this subdivision. 69 |
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| 151 | 151 | | (b) If the court determines that contributions were 70 |
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| 152 | 152 | | knowingly misreported and the initiative peti tion proposing 71 |
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| 153 | 153 | | the constitutional amendment was adopted pursuant to section 72 |
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| 154 | 154 | | 51 of this section, then the election results shall be 73 |
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| 155 | 155 | | stricken and the amendment shall be null and void and of no 74 |
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| 156 | 156 | | legal effect. 75 |
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| 157 | 157 | | (c) If the court determines that the cont ributions 76 |
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| 158 | 158 | | were misreported due to no fault of the sponsoring or 77 |
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| 159 | 159 | | supporting committees, the court shall adjust the voter 78 |
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| 160 | 160 | | approval threshold in compliance with subsection 3 of this 79 SJR 73 6 |
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| 161 | 161 | | section and the amendment shall only take effect if it 80 |
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| 162 | 162 | | received the requisite number of votes needed to meet such 81 |
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| 163 | 163 | | threshold. 82 |
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| 164 | 164 | | (d) If the court determines that the voter approval 83 |
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| 165 | 165 | | threshold was miscalculated, the court shall recalculate the 84 |
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| 166 | 166 | | threshold in the same manner that is required pursuant to 85 |
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| 167 | 167 | | subsection 3 of this s ection and the amendment shall only 86 |
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| 168 | 168 | | take effect if it received the requisite number of votes 87 |
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| 169 | 169 | | needed to meet such threshold. 88 |
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| 170 | 170 | | (e) Upon issuance of any order from the supreme court 89 |
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| 171 | 171 | | issued pursuant to this subsection in which it is determined 90 |
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| 172 | 172 | | that an initiative petition proposing a constitutional 91 |
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| 173 | 173 | | amendment received the requisite number of votes for 92 |
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| 174 | 174 | | approval, the amendment shall take effect immediately or at 93 |
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| 175 | 175 | | the end of thirty days after the election, whichever is 94 |
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| 176 | 176 | | later. 95 |
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| 177 | 177 | | 5. No person shall transfer anything of value to any 96 |
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| 178 | 178 | | sponsoring or supporting committee with the intent to 97 |
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| 179 | 179 | | conceal, from the Missouri ethics commission or the 98 |
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| 180 | 180 | | secretary of state, the identity of the actual source. Any 99 |
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| 181 | 181 | | violation of this subsection shall be punishable as fol lows: 100 |
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| 182 | 182 | | (a) For the first violation, the person transferring 101 |
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| 183 | 183 | | the funds shall be guilty of a class E felony; 102 |
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| 184 | 184 | | (b) For the second violation, the person transferring 103 |
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| 185 | 185 | | the funds shall be guilty of a class D felony; 104 |
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| 186 | 186 | | (c) For the third and subsequ ent violations, the 105 |
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| 187 | 187 | | person transferring the funds shall be guilty of a class C 106 |
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| 188 | 188 | | felony. 107 |
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| 189 | 189 | | 6. It shall be unlawful for: 108 |
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| 190 | 190 | | (1) A government of a foreign country or a foreign 109 |
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| 191 | 191 | | political party to sponsor an initiative petition; 110 SJR 73 7 |
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| 192 | 192 | | (2) A government of a foreign country or a foreign 111 |
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| 193 | 193 | | political party to directly or indirectly make: 112 |
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| 194 | 194 | | (a) A contribution or donation of money or other thing 113 |
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| 195 | 195 | | of value, or make an express or implied promise to make a 114 |
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| 196 | 196 | | contribution or donation, in connection with an init iative 115 |
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| 197 | 197 | | petition; 116 |
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| 198 | 198 | | (b) A contribution or donation to a political 117 |
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| 199 | 199 | | committee or a political party favoring or opposing an 118 |
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| 200 | 200 | | initiative petition; or 119 |
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| 201 | 201 | | (c) An expenditure, independent expenditure, or 120 |
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| 202 | 202 | | disbursement for an electioneering communication, whether 121 |
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| 203 | 203 | | print, broadcast, or digital media, or otherwise, related to 122 |
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| 204 | 204 | | an initiative petition; or 123 |
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| 205 | 205 | | (3) A person to solicit, accept, or receive a 124 |
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| 206 | 206 | | contribution or donation from a government of a foreign 125 |
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| 207 | 207 | | country or a foreign political party, in connect ion with an 126 |
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| 208 | 208 | | initiative petition. 127 |
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| 209 | 209 | | Section 52(b). The veto power of the governor shall 1 |
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| 210 | 210 | | not extend to referendum measures [referred to the people ]. 2 |
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| 211 | 211 | | All elections on referendum measures [referred to the 3 |
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| 212 | 212 | | people] shall be had at the gene ral state elections, except 4 |
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| 213 | 213 | | when the general assembly shall order a special election. 5 |
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| 214 | 214 | | Any referendum measure [referred to the people ] shall take 6 |
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| 215 | 215 | | effect when approved by a majority of the votes cast 7 |
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| 216 | 216 | | thereon, and not otherwise. This section shall not b e 8 |
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| 217 | 217 | | construed to deprive any member of the general assembly of 9 |
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| 218 | 218 | | the right to introduce any measure. 10 |
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| 219 | 219 | | Section 54. For purposes of sections 49 to 54 of this 1 |
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| 220 | 220 | | article, the following terms mean: 2 |
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| 221 | 221 | | (1) "Contribution", the same meaning as i n article 3 |
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| 222 | 222 | | VIII, section 23, of this constitution; 4 SJR 73 8 |
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| 223 | 223 | | (2) "Election cycle", the period beginning on the day 5 |
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| 224 | 224 | | after a general election and ending on the day of the 6 |
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| 225 | 225 | | election at which an initiative petition is to be voted on; 7 |
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| 226 | 226 | | (3) "In-state contributor", a person or entity that 8 |
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| 227 | 227 | | has established residence in the state of Missouri, or 9 |
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| 228 | 228 | | maintains a substantial and veritable nexus, such as a 10 |
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| 229 | 229 | | business operation, legal incorporation, or permanent 11 |
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| 230 | 230 | | presence within the state of Missouri; 12 |
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| 231 | 231 | | (4) "Out-of-state contributor", a person or entity 13 |
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| 232 | 232 | | that does not meet the definition of "in -state contributor"; 14 |
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| 233 | 233 | | (5) "Person", the same meaning as in article VIII, 15 |
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| 234 | 234 | | section 23, of this constitution; 16 |
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| 235 | 235 | | (6) "Sponsoring campaign committee", a campaign 17 |
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| 236 | 236 | | committee that otherwise meets the definition of "campaign 18 |
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| 237 | 237 | | committee" as provided by law that is primarily responsible 19 |
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| 238 | 238 | | for sponsoring and supporting the measure and is designated 20 |
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| 239 | 239 | | as such on the sample sheet submitted to the secretary of 21 |
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| 240 | 240 | | state; 22 |
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| 241 | 241 | | (7) "Supporting campaign committee", a campaign 23 |
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| 242 | 242 | | committee that otherwise meets the definition of "campaign 24 |
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| 243 | 243 | | committee" as provided by law that is not designated as the 25 |
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| 244 | 244 | | sponsoring campaign committee on the sample sheet submitted 26 |
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| 245 | 245 | | to the secretary of state but is form ed for the purpose of 27 |
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| 246 | 246 | | supporting the measure in the election. 28 |
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| 247 | 247 | | |
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