COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.:3502S.03P Bill No.:Perfected SS for SJR 78 Subject:Elections; Constitutional Amendments; Secretary of State Type:Original Date:April 3, 2024Bill Summary:This proposal modifies provisions relating to elections. 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. 3502S.03P Bill No. Perfected SS for SJR 78 Page 2 of April 3, 2024 BR:LR:OD 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 in FY 2025 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. 3502S.03P Bill No. Perfected SS for SJR 78 Page 3 of April 3, 2024 BR:LR:OD FISCAL ANALYSIS ASSUMPTION 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. 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 L.R. No. 3502S.03P Bill No. Perfected SS for SJR 78 Page 4 of April 3, 2024 BR:LR:OD 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. FISCAL IMPACT – Local GovernmentFY 2025 (10 Mo.) FY 2026FY 2027LOCAL POLITICAL SUBDIVISIONS Local Election Authorities -Transfer In from SOS - reimbursement to local election authorities election costs if a special election is called by the Governor $0 or More than $8,000,000$0$0 Costs - Local Election Authorities$0 or (More than $8,000,000)$0$0 ESTIMATED NET EFFECT ON LOCAL POLITICAL SUBDIVISIONS$0$0 $0 L.R. No. 3502S.03P Bill No. Perfected SS for SJR 78 Page 5 of April 3, 2024 BR:LR:OD 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 elections. The amendment provides that only citizens of the United States over the age of 18 who are residents of Missouri and of the political subdivision in which they offer to vote are entitled to vote at all elections. This amendment specifies that all elections shall be by paper ballot or by any mechanical method prescribed by law. Furthermore, voters shall only be entitled to one vote for each issue on the ballot and the same amount of votes for each office as there are seats to be filled at the election. Under no circumstance shall a voter be permitted to cast a ballot in a manner that results in the ranking of candidates for a particular office. This provision does not apply to any nonpartisan municipal election held in a city that had a ordinance in effect as of November 5, 2024, that permits voters to cast more than a single vote for each issue or candidate on which such voter is eligible to vote. The candidate that receives the greatest number of votes in a political party primary shall be the only candidate for that political party at the general election. The name of such candidate shall be placed on the official ballot at the general election, unless removed or replaced as provided by law. The person receiving the greatest number of votes at the general election shall be declared the winner. This provision does not apply to any nonpartisan municipal election held in a city that had a ordinance in effect as of November 5, 2024, that requires a preliminary election at which more than one candidate advances to a subsequent 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. 3502S.03P Bill No. Perfected SS for SJR 78 Page 6 of April 3, 2024 BR:LR:OD SOURCES OF INFORMATION Office of the Secretary of State 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 DirectorApril 3, 2024April 3, 2024