EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
[TRULY AGREED TO AND FINALLY PASSED ]
SENATE SUBSTITUTE NO. 2 FOR
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 22
103RD GENERAL ASSEMBLY
2025
0713S.08T
AN ACT
To repeal sections 116.155, 116.160, 116.190, 116.334, and 526.010, RSMo, and to enact in lieu
thereof five new sections relating to judicial proceedings, with an emergency clause for
a certain section.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 116.155, 116 .160, 116.190, 116.334, 1
and 526.010, RSMo, are repealed and five new sections enacted 2
in lieu thereof, to be known as sections 116.155, 116.160, 3
116.190, 116.334, and 526.010, to read as follows:4
116.155. 1. The general assembly may include the 1
official summary statement and a fiscal note summary in any 2
statewide ballot measure that it refers to the voters. 3
2. The official summary statement approved by the 4
general assembly shall, taken together with the approved 5
fiscal note summary, be the official ballot title and such 6
summary statement shall contain no more than [fifty] one 7
hundred words, excluding articles. The title shall be a 8
true and impartial statement of the purposes of the proposed 9
measure in language neither intentionally arg umentative nor 10
likely to create prejudice either for or against the 11
proposed measure. 12 SS#2 SCS SB 22 2
3. The fiscal note summary approved by the general 13
assembly shall contain no more than fifty words, excluding 14
articles, which shall summarize the fiscal note pr epared for 15
the measure in language neither argumentative nor likely to 16
create prejudice for or against the proposed measure. 17
116.160. 1. If the general assembly adopts a joint 1
resolution proposing a constitutional amendment or a bil l 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 proposing 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 tr ansmit 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
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, unle ss it is challenged pursuant 25
to section 116.190, in which case the provisions of that 26
section shall apply. 27 SS#2 SCS SB 22 3
3. The official summary statement shall contain no 28
more than [fifty] one hundred words, excluding articles. 29
The title shall be a true and impartial statement of the 30
purposes of the proposed measure in language neither 31
intentionally argumentative nor likely to create prejudice 32
either for or against the proposed measure. 33
116.190. 1. Any citizen who wishes to challenge t he 1
official ballot title or the fiscal note prepared for a 2
proposed constitutional amendment submitted by the general 3
assembly, by initiative petition, or by constitutional 4
convention, or for a statutory initiative or referendum 5
measure, may bring an action in the circuit court of Cole 6
County. The action [must] shall be brought within ten days 7
after the official ballot title is certified by the 8
secretary of state in accordance with the provisions of this 9
chapter, in the case of an initiative petit ion and not later 10
than the twenty-second Tuesday prior to the general election 11
at which the ballot measure will be submitted to the voters, 12
in the case of all other statewide ballot measures . 13
2. The secretary of state shall be named as a party 14
defendant in any action challenging the official ballot 15
title prepared by the secretary of state. When the action 16
challenges the fiscal note or the fiscal note summary 17
prepared by the auditor, the state auditor shall also be 18
named as a party defendant. The president pro tem of the 19
senate, the speaker of the house and the sponsor of the 20
measure and the secretary of state shall be the named party 21
defendants in any action challenging the official summary 22
statement, fiscal note or fiscal note summary pr epared 23
pursuant to section 116.155. 24
3. The petition shall state the reason or reasons why 25
the summary statement portion of the official ballot title 26 SS#2 SCS SB 22 4
is insufficient or unfair [and shall request a different 27
summary statement portion of the officia l ballot title]. 28
Alternatively, the petition shall state the reasons why the 29
fiscal note or the fiscal note summary portion of the 30
official ballot title is insufficient or unfair and shall 31
request a different fiscal note or fiscal note summary 32
portion of the official ballot title. 33
4. (1) The action shall be placed at the top of the 34
civil docket. 35
(2) (a) Insofar as the action challenges the summary 36
statement portion of the official ballot title, the court 37
shall consider the petition, h ear arguments, and in its 38
decision certify the summary statement portion of the 39
official ballot title to the secretary of state as 40
originally written if the court finds the summary statement 41
to be sufficient and fair. If the court finds the summary 42
statement to be insufficient or unfair, the court may offer 43
suggested revisions for the summary statement to remedy the 44
legal flaws, but it shall, in its decision, order the 45
secretary of state to write a first revised summary 46
statement that is sufficien t and fair. 47
(b) The secretary of state shall submit a first 48
revised summary statement to the court within seven days. 49
If, after submission to the court of a first revised summary 50
statement by the secretary of state, the court finds the 51
first revised summary statement to be sufficient and fair, 52
the court shall certify to the secretary of state that 53
statement and order it to appear on the ballot. If the 54
court finds the first revised summary statement to be 55
insufficient or unfair, the court may offer suggested 56
revisions for the statement to remedy the legal flaws, but 57
it shall, in its decision, order the secretary of state to 58 SS#2 SCS SB 22 5
write a second revised summary statement that is sufficient 59
and fair. 60
(c) The secretary of state shall submit a second 61
revised summary statement to the court within five days. 62
If, after submission to the court of a second revised 63
summary statement by the secretary of state, the court finds 64
the second revised summary statement to be sufficient and 65
fair, the court shall certify to the secretary of state that 66
statement and order it to appear on the ballot. If the 67
court finds the second revised summary statement to be 68
insufficient or unfair, the court may offer suggested 69
revisions for the statement to remedy the legal flaws, but 70
it shall, in its decision, order the secretary of state to 71
write a third revised summary statement that is sufficient 72
and fair. 73
(d) The secretary of state shall submit a third 74
revised summary statement to the court within thr ee days. 75
If, after submission to the court of a third revised summary 76
statement by the secretary of state, the court finds the 77
third revised summary statement to be sufficient and fair, 78
the court shall certify to the secretary of state that 79
statement and order it to appear on the ballot. If the 80
court finds the third revised summary statement to be 81
insufficient or unfair, or if the secretary of state 82
neglects or refuses to submit any of the revised summary 83
statements within the times mandated by t his subdivision 84
when so ordered, the court shall revise the summary 85
statement in a manner that is sufficient and fair and order 86
the secretary of state to place that summary statement on 87
the ballot with the measure. 88
(e) During all revisions as pro vided in this 89
subdivision, the case shall remain open. 90 SS#2 SCS SB 22 6
(f) Any non-prevailing party may make appeals as 91
provided by law only following: 92
a. The finding of the circuit court that a summary 93
statement was sufficient and fair; or 94
b. The circuit court ordering its own summary 95
statement to be placed on the ballot pursuant to paragraph 96
(d) of this subdivision. 97
(g) Any action brought pursuant to this section 98
challenging a statewide ballot measure appearing on the 99
ballot at an election called by the governor pursuant to 100
Article XII, Section 2(b), Missouri Constitution, whether at 101
the primary election or at a special election, or at a 102
special election for a referendum petition measure called by 103
the general assembly pursuant to Article III, Section 52(b), 104
Missouri Constitution, shall be expedited by the court to 105
bring a resolution of the matter prior to the printing of 106
ballots. The court may shorten any timeframe under this 107
section to achieve this purpose . 108
(3) Insofar as the action challenges the fiscal note 109
or the fiscal note summary portion of the official ballot 110
title, the court shall consider the petition, hear 111
arguments, and in its decision, either certify the fiscal 112
note or the fiscal note summary portion of the offi cial 113
ballot title to the secretary of state or remand the fiscal 114
note or the fiscal note summary to the auditor for 115
preparation of a new fiscal note or fiscal note summary 116
pursuant to the procedures set forth in section 116.175. 117
Any party to the suit may appeal to the supreme court within 118
ten days after a circuit court decision pursuant to this 119
subdivision. [In making the legal notice to election 120
authorities under section 116.240, and for the purposes of 121 SS#2 SCS SB 22 7
section 116.180, the secretary of state sh all certify the 122
language which the court certifies to him. ] 123
5. Any action brought under this section that is not 124
fully and finally adjudicated within one hundred eighty days 125
of filing, and more than [fifty-six] seventy days prior to 126
election in which the measure is to appear, including all 127
appeals, shall be extinguished, unless a court extends such 128
period upon a finding of good cause for such extension. 129
Such good cause shall consist only of court -related 130
scheduling issues and shall not includ e requests for 131
continuance by the parties. 132
116.334. 1. If the petition form is approved, the 1
secretary of state shall make a copy of the sample petition 2
available on the secretary of state's website. For a period 3
of fifteen days after the petition is approved as to form, 4
the secretary of state shall accept public comments 5
regarding the proposed measure and provide copies of such 6
comments upon request. Within twenty-three days of receipt 7
of such approval, the secretary of state shall prepare and 8
transmit to the attorney general a summary statement of the 9
measure which shall be a concise statement not exceeding one 10
hundred words. This statement shall be in the form of a 11
question using language neither intentionally argumenta tive 12
nor likely to create prejudice either for or against the 13
proposed measure. The attorney general shall within ten 14
days approve the legal content and form of the proposed 15
statement. 16
2. Signatures obtained prior to the date the official 17
ballot title is certified by the secretary of state shall 18
not be counted. Once the secretary of state certifies the 19
official ballot title, signatures may be collected, even if 20
the ballot title is subject to an action in court 21 SS#2 SCS SB 22 8
challenging the sufficiency and fairness of the ballot 22
title. If a court orders a change that alters the content 23
of the official ballot title, then all signatures gathered 24
before such change occurred shall not be invalidated based 25
upon the fact that one or more signatures were gath ered 26
prior to the alteration of the official ballot title, 27
regardless of whether those signatures were gathered on 28
petition pages that displayed what was previously the 29
official ballot title as certified by the secretary of 30
state. Nothing in this subs ection shall prohibit the 31
invalidation of a signature for a reason otherwise allowed 32
by this chapter. 33
3. Signatures for statutory initiative petitions shall 34
be filed not later than six months prior to the general 35
election during which the petitio n's ballot measure is 36
submitted for a vote, and shall also be collected not 37
earlier than the day after the day upon which the previous 38
general election was held. 39
526.010. 1. Injunctions may be granted by a circuit 1
judge[,] or an associate circuit judge. 2
2. In any action in which the state or a statewide 3
official is preliminarily enjoined from implementing, 4
enforcing, or otherwise effectuating any provision of the 5
Constitution of Missouri, any Missouri statute, or any 6
Missouri regulation, the attorney general may appeal the 7
preliminary injunction. 8
3. The attorney general may appeal any preliminary 9
injunction that existed prior to August 28, 2025, under 10
subsection 2 of this section. 11
Section B. Because immediate action is necessary to 1
ensure judicial efficiency, the repeal and reenactment of 2
section 526.010 of section A of this act is deemed necessary 3 SS#2 SCS SB 22 9
for the immediate preservation of the public health, 4
welfare, peace and safety, and is hereby d eclared to be an 5
emergency act within the meaning of the constitution, and 6
the repeal and reenactment of section 526.010 of section A 7
of this act shall be in full force and effect upon its 8
passage and approval. 9