1 | 1 | | |
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2 | 2 | | FIRST REGULAR SESSION |
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3 | 3 | | SENATE JOINT RESOLUTION NO. 61 |
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4 | 4 | | 103RD GENERAL ASSEMBLY |
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5 | 5 | | INTRODUCED BY SENATOR SCHNELTING. |
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6 | 6 | | 3117S.01I KRISTINA MARTIN, Secretary |
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7 | 7 | | JOINT RESOLUTION |
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8 | 8 | | Submitting to the qualified voters of Missouri, an amendment to article VIII of the Constitution of |
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9 | 9 | | Missouri, by adding thereto one new section relating to elections, with penalty |
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10 | 10 | | provisions. |
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11 | 11 | | |
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12 | 12 | | Be it resolved by the Senate, the House of Representatives concurring therein: |
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13 | 13 | | That at the next general election to be held in the 1 |
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14 | 14 | | state of Missouri, on Tuesday next following the first Monday 2 |
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15 | 15 | | in November, 2026, or at a special election to be called by 3 |
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16 | 16 | | the governor for that purp ose, there is hereby submitted to 4 |
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17 | 17 | | the qualified voters of this state, for adoption or 5 |
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18 | 18 | | rejection, the following amendment to article VIII of the 6 |
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19 | 19 | | Constitution of the state of Missouri:7 |
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20 | 20 | | Section A. Article VIII, Constitution of Missouri, is 1 |
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21 | 21 | | amended by adding thereto one new section, to be known as 2 |
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22 | 22 | | section 12, to read as follows:3 |
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23 | 23 | | Section 12. 1. This section shall be known as the 1 |
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24 | 24 | | "Securing Missouri's Future from Foreign Interference in 2 |
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25 | 25 | | Elections Amendment". 3 |
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26 | 26 | | 2. The people of the stat e of Missouri hereby declare 4 |
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27 | 27 | | that it is the public policy of this state to secure the 5 |
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28 | 28 | | future of Missouri from foreign interference in elections, 6 |
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29 | 29 | | political campaigns, state sovereignty, and governance, and 7 |
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30 | 30 | | find that: 8 |
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31 | 31 | | (1) President George Washingto n, in his Farewell 9 |
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32 | 32 | | Address to the American People of the United States in 1796, 10 SJR 61 2 |
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33 | 33 | | warned of foreign powers which "practice the arts of 11 |
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34 | 34 | | seduction, to mislead public opinion ... Against the 12 |
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35 | 35 | | insidious wiles of foreign influence ... a free people ought 13 |
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36 | 36 | | to be constantly awake, since history and experience prove 14 |
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37 | 37 | | that foreign influence is one of the most baneful foes of 15 |
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38 | 38 | | republican government". 16 |
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39 | 39 | | (2) President John Adams, in his inaugural speech to 17 |
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40 | 40 | | the American people in 1797, warned of being "unfaithful to 18 |
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41 | 41 | | ourselves if we should ever lose sight of the danger to our 19 |
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42 | 42 | | liberties if anything partial or extraneous should infect 20 |
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43 | 43 | | the purity of our free, fair, virtuous, and independent 21 |
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44 | 44 | | elections". President Adams noted specifically that through 22 |
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45 | 45 | | interference "by foreign nations by flattery or menaces, by 23 |
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46 | 46 | | fraud or violence, by terror, intrigue, or venality, the 24 |
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47 | 47 | | Government may not be the choice of the American people, but 25 |
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48 | 48 | | of foreign nations. It may be foreign nations who govern 26 |
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49 | 49 | | us, and not we, the people, w ho govern ourselves". 27 |
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50 | 50 | | (3) Restrictions on foreign election spending or 28 |
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51 | 51 | | interference of any kind are necessary to secure our borders 29 |
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52 | 52 | | and keep American democracy safe from foreign adversaries. 30 |
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53 | 53 | | (4) Limits on illicit foreign campaign contribution s 31 |
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54 | 54 | | can help stop money laundering, vote -buying, bribery, and 32 |
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55 | 55 | | other attempts to manipulate elections and the voters who 33 |
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56 | 56 | | participate in them and to corrupt lobbyists and public 34 |
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57 | 57 | | officials. 35 |
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58 | 58 | | (5) Restraints on foreign actors and foreign 36 |
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59 | 59 | | interests, and those conspiring or otherwise acting in 37 |
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60 | 60 | | concert with them, must be enacted into law to prevent 38 |
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61 | 61 | | direct or indirect foreign influence on elections, political 39 |
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62 | 62 | | campaigns, state sovereignty, and governance. 40 |
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63 | 63 | | 3. The general assembly is authorized to enac t laws in 41 |
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64 | 64 | | furtherance of this public policy and these findings. The 42 SJR 61 3 |
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65 | 65 | | provisions of this section and any laws enacted under the 43 |
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66 | 66 | | authority of this section shall be liberally construed to 44 |
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67 | 67 | | promote this public policy and these findings, which are 45 |
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68 | 68 | | embedded in the right of suffrage as a fundamental article 46 |
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69 | 69 | | of republican government, rooted in democratic self - 47 |
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70 | 70 | | governance, and motivated by the need to protect national 48 |
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71 | 71 | | and state sovereignty and security. 49 |
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72 | 72 | | 4. It shall be unlawful for a foreign government, a 50 |
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73 | 73 | | foreign political party, an individual who is not a citizen 51 |
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74 | 74 | | of the United States of America, or any other foreign 52 |
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75 | 75 | | national as defined by law to directly or indirectly make a 53 |
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76 | 76 | | payment, gift, loan, advance, deposit, or donation of money 54 |
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77 | 77 | | or anything of value for the purpose of: 55 |
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78 | 78 | | (1) Supporting or opposing the nomination or election 56 |
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79 | 79 | | of any candidate for public office; 57 |
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80 | 80 | | (2) Supporting or opposing the drafting, 58 |
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81 | 81 | | qualification, passage, or defeat of any statewide or local 59 |
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82 | 82 | | ballot measure; 60 |
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83 | 83 | | (3) Supporting or opposing the nomination, election, 61 |
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84 | 84 | | or retention of any judicial candidate or judge; 62 |
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85 | 85 | | (4) Supporting or opposing the election or appointment 63 |
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86 | 86 | | of any delegate to a constitutional convention, a civil or 64 |
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87 | 87 | | military officer position, or any other public official who 65 |
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88 | 88 | | is required by this constitution or by the laws of this 66 |
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89 | 89 | | state to take an oath or affirmation to support or uphold 67 |
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90 | 90 | | the Constitution of the United States and the Constitution 68 |
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91 | 91 | | of Missouri; 69 |
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92 | 92 | | (5) Supporting or opposing any pol itical party, 70 |
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93 | 93 | | officer or employee of a political party, or candidate for 71 |
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94 | 94 | | or member of a political party committee; 72 |
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95 | 95 | | (6) Supporting any committee that is supporting or 73 |
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96 | 96 | | opposing candidates, ballot measures, judicial candidates, 74 SJR 61 4 |
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97 | 97 | | judges, any other pub lic officials or civil or military 75 |
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98 | 98 | | officers, political parties, political party officers or 76 |
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99 | 99 | | employees, or political party committee candidates or 77 |
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100 | 100 | | members; 78 |
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101 | 101 | | (7) Paying the debts or obligations of any candidate, 79 |
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102 | 102 | | ballot measure, judicial candidate, j udge, any other public 80 |
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103 | 103 | | official or civil or military officer, political party, 81 |
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104 | 104 | | political party officer or employee, political party 82 |
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105 | 105 | | committee candidate or member, or campaign committee 83 |
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106 | 106 | | previously incurred for the purpose of subdivisions (1) to 84 |
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107 | 107 | | (6) of this subsection; or 85 |
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108 | 108 | | (8) Making an electioneering communication, whether 86 |
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109 | 109 | | print, broadcast, or digital media, or otherwise, in any 87 |
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110 | 110 | | state or local election. 88 |
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111 | 111 | | 5. If any lobbyist knowingly, willfully, corruptly, or 89 |
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112 | 112 | | fraudulently assists a foreign g overnment, a foreign 90 |
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113 | 113 | | political party, an individual who is not a citizen of the 91 |
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114 | 114 | | United States of America, or any other foreign national as 92 |
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115 | 115 | | defined by law to violate any of the provisions of this 93 |
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116 | 116 | | section or any law enacted under the authority of this 94 |
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117 | 117 | | section, then such lobbyist's registration shall be revoked 95 |
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118 | 118 | | or suspended by the state, and such lobbyist shall be 96 |
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119 | 119 | | prohibited from receiving compensation or making 97 |
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120 | 120 | | expenditures for lobbying. If such knowing, willful, 98 |
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121 | 121 | | corrupt, or fraudulent assistance in volved a state sponsor 99 |
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122 | 122 | | of terrorism or a foreign terrorist organization, as defined 100 |
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123 | 123 | | by law, then such lobbyist shall also be guilty of a felony 101 |
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124 | 124 | | and shall be punished as provided by law enacted by the 102 |
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125 | 125 | | general assembly. 103 |
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126 | 126 | | 6. Knowingly, willfully, cor ruptly, or fraudulently 104 |
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127 | 127 | | assisting a foreign government, a foreign political party, 105 |
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128 | 128 | | an individual who is not a citizen of the United States of 106 SJR 61 5 |
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129 | 129 | | America, or any other foreign national to violate any of the 107 |
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130 | 130 | | provisions of this section or any law enacted und er the 108 |
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131 | 131 | | authority of this section, including but not limited to 109 |
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132 | 132 | | accepting or concealing illegal foreign money or bribes from 110 |
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133 | 133 | | foreign interests, shall be an impeachable offense if such 111 |
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134 | 134 | | public official is liable to impeachment pursuant to Article 112 |
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135 | 135 | | VII, Section 1 of this constitution or if the officer is not 113 |
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136 | 136 | | liable to impeachment, it shall be cause for removal from 114 |
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137 | 137 | | office in the manner provided by law. Beginning January 1, 115 |
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138 | 138 | | 2027, any such public official who is removed or impeached 116 |
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139 | 139 | | for such violation sh all be disqualified from receiving any 117 |
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140 | 140 | | pension and retirement benefits from the state of Missouri. 118 |
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141 | 141 | | If such knowing, willful, corrupt, or fraudulent assistance 119 |
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142 | 142 | | involved a state sponsor of terrorism or a foreign terrorist 120 |
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143 | 143 | | organization, then such public official shall also be guilty 121 |
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144 | 144 | | of a felony and shall be punished as provided by law enacted 122 |
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145 | 145 | | by the general assembly. 123 |
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146 | 146 | | 7. In addition to the restrictions on the use of the 124 |
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147 | 147 | | initiative and referendum in other provisions of this 125 |
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148 | 148 | | constitution, an initia tive or referendum petition shall not 126 |
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149 | 149 | | be used to: 127 |
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150 | 150 | | (1) Permit foreign interference in elections; 128 |
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151 | 151 | | (2) Repeal, supersede, or subvert any laws of the 129 |
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152 | 152 | | United States, provisions of this constitution, or laws of 130 |
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153 | 153 | | this state that prohibit a person wh o is not a citizen of 131 |
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154 | 154 | | the United States from voting in elections in this state; 132 |
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155 | 155 | | (3) Repeal, supersede, or subvert any provisions of 133 |
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156 | 156 | | this constitution or laws of this state that prohibit a 134 |
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157 | 157 | | person who is not a citizen of the United States from being 135 |
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158 | 158 | | elected or appointed to any civil or military office in this 136 |
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159 | 159 | | state; 137 SJR 61 6 |
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160 | 160 | | (4) Eliminate, reduce, deny, or withhold the 138 |
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161 | 161 | | appropriation of money or other public funds to any law 139 |
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162 | 162 | | enforcement agency, the Missouri Department of the National 140 |
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163 | 163 | | Guard, first responders, or any governmental agency of this 141 |
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164 | 164 | | state that functions to protect Missouri's borders or to 142 |
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165 | 165 | | otherwise keep the peace and provide internal security 143 |
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166 | 166 | | within the borders of this state; 144 |
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167 | 167 | | (5) Allow the purchase of farmland in Missouri by 145 |
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168 | 168 | | foreign interests; 146 |
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169 | 169 | | (6) Authorize the sale, exchange, purchase, rental, or 147 |
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170 | 170 | | lease of any real estate by or to foreign interests that is 148 |
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171 | 171 | | near a military installation that is located within the 149 |
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172 | 172 | | state or outside the state but close to Missouri's borders; 150 |
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173 | 173 | | or 151 |
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174 | 174 | | (7) Pose a threat to national or state security, 152 |
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175 | 175 | | weakening the borders of the United States or Missouri, or 153 |
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176 | 176 | | damaging or destroying the future, growth, or safety of the 154 |
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177 | 177 | | state, the citizens or residents of the state, or the 155 |
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178 | 178 | | children within the st ate, as set forth by concurrent 156 |
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179 | 179 | | resolution approved by the general assembly, which need not 157 |
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180 | 180 | | be presented to the governor for approval, or by law enacted 158 |
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181 | 181 | | by the general assembly. 159 |
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182 | 182 | | 8. To the greatest extent possible, election 160 |
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183 | 183 | | infrastructure used in state and local elections, including 161 |
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184 | 184 | | but not limited to voter registration databases, voting 162 |
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185 | 185 | | machines, voting tabulation equipment, and equipment for the 163 |
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186 | 186 | | secure transmission of election results shall be sourced, 164 |
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187 | 187 | | manufactured, and assembled in the Unite d States. This is 165 |
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188 | 188 | | to promote election integrity and help restore public trust 166 |
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189 | 189 | | in elections by ensuring that election information and 167 |
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190 | 190 | | information systems are immune from unauthorized access, 168 |
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191 | 191 | | use, disclosure, disruption, modification, or destruction by 169 SJR 61 7 |
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192 | 192 | | foreign adversaries or others. The general assembly shall 170 |
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193 | 193 | | enact such laws and may make such appropriations necessary 171 |
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194 | 194 | | to enforce and assist in these and other state and local 172 |
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195 | 195 | | election integrity efforts. 173 |
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196 | 196 | | 9. The secretary of state shall determine a nd declare 174 |
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197 | 197 | | for each statewide initiative and referendum petition 175 |
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198 | 198 | | whether it complies with the provisions of this section or 176 |
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199 | 199 | | other provisions of this constitution, law, or concurrent 177 |
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200 | 200 | | resolution restricting the use of the initiative and 178 |
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201 | 201 | | referendum. If a proposed statewide initiative or 179 |
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202 | 202 | | referendum petition does not comply, the secretary of state 180 |
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203 | 203 | | shall remove it from consideration for signature gathering 181 |
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204 | 204 | | and placement on the ballot, stating the reason or reasons 182 |
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205 | 205 | | why it was removed. If a proposed constitutional amendment 183 |
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206 | 206 | | submitted by initiative petition or a proposed law submitted 184 |
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207 | 207 | | by an initiative or referendum petition has been approved 185 |
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208 | 208 | | for placement on the ballot, and if based on information 186 |
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209 | 209 | | that the secretary of state obtains or receives after s uch 187 |
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210 | 210 | | placement that it does not comply with the provisions of 188 |
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211 | 211 | | this section or other provisions of this constitution, law, 189 |
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212 | 212 | | or concurrent resolution restricting the use of the 190 |
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213 | 213 | | initiative and referendum, then the secretary of state shall 191 |
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214 | 214 | | remove such proposed constitutional amendment or law from 192 |
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215 | 215 | | the ballot prior to it being voted on, stating the reason or 193 |
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216 | 216 | | reasons why it was removed. Any local initiative or 194 |
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217 | 217 | | referendum measure that does not comply with the provisions 195 |
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218 | 218 | | of this section or other provisions o f this constitution, 196 |
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219 | 219 | | law, or concurrent resolution restricting the use of the 197 |
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220 | 220 | | initiative and referendum shall be removed as provided by 198 |
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221 | 221 | | law enacted by the general assembly. 199 |
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222 | 222 | | 10. For all constitutional amendments submitted by 200 |
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223 | 223 | | initiative petition or laws submitted by an initiative or 201 SJR 61 8 |
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224 | 224 | | referendum petition which were enacted into this 202 |
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225 | 225 | | constitution or law on or after the general election held in 203 |
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226 | 226 | | November, 2024, and on or before thirty -one days after this 204 |
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227 | 227 | | section is approved by the voters of Missouri, the secretary 205 |
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228 | 228 | | of state shall determine and declare whether a foreign 206 |
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229 | 229 | | government, a foreign political party, an individual who is 207 |
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230 | 230 | | not a citizen of the United States of America, or any other 208 |
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231 | 231 | | foreign national as defined by law directly or indirectly 209 |
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232 | 232 | | made a significant payment, gift, loan, advance, deposit, or 210 |
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233 | 233 | | donation of money or anything of value for the purpose of 211 |
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234 | 234 | | supporting the drafting, qualification, or passage of such 212 |
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235 | 235 | | initiative or referendum measure. If the secretary of state 213 |
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236 | 236 | | determines that such significant support did occur, then the 214 |
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237 | 237 | | secretary of state shall declare that such constitutional 215 |
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238 | 238 | | amendment or law is annulled and repealed. If such 216 |
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239 | 239 | | constitutional amendment or law, in whole or in part, was 217 |
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240 | 240 | | the repeal and reenactment of a previou sly enacted provision 218 |
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241 | 241 | | or provisions of this constitution or law, then the 219 |
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242 | 242 | | previously enacted provision or provisions of this 220 |
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243 | 243 | | constitution or law shall be reinstated and shall be in full 221 |
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244 | 244 | | force and effect. 222 |
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245 | 245 | | 11. The general assembly shall have exclus ive 223 |
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246 | 246 | | authority to enact laws enforcing provisions in this 224 |
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247 | 247 | | constitution relating to election integrity, foreign 225 |
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248 | 248 | | interference in elections and campaigns, and voting only by 226 |
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249 | 249 | | citizens of the United States in elections in this state. 227 |
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250 | 250 | | Section B. Pursuant to chapter 116, and other 1 |
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251 | 251 | | applicable constitutional provisions and laws of this state 2 |
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252 | 252 | | allowing the general assembly to adopt ballot language for 3 |
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253 | 253 | | the submission of this joint resolution to the voters of 4 |
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254 | 254 | | this state, the official summary s tatement of this 5 |
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255 | 255 | | resolution shall be as follows: 6 SJR 61 9 |
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256 | 256 | | "Shall the Missouri Constitution be amended to: 7 |
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257 | 257 | | • Prevent foreign election interference; 8 |
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258 | 258 | | • Punish lobbyists and public officials who take 9 |
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259 | 259 | | money or bribes from foreign adversaries or 10 |
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260 | 260 | | assist them; 11 |
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261 | 261 | | • Protect election integrity by using U.S. -made 12 |
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262 | 262 | | election equipment and allowing only U.S. 13 |
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263 | 263 | | citizens to hold public office; and 14 |
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264 | 264 | | • Prohibit foreign-funded ballot measures?". 15 |
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265 | 265 | | Section C. Pursuant to chapter 116, and other 1 |
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266 | 266 | | applicable constitutional provisions and laws of this state 2 |
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267 | 267 | | allowing the general assembly to adopt ballot language for 3 |
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268 | 268 | | the submission of this joint resolution to the voters of 4 |
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269 | 269 | | this state, the official fiscal note statement of this 5 |
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270 | 270 | | resolution shall be as follows: 6 |
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271 | 271 | | "State and local governmental entities might 7 |
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272 | 272 | | have costs when safeguarding election integrity 8 |
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273 | 273 | | and infrastructure from foreign attacks. 9 |
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274 | 274 | | Governmental entities might have savings by not 10 |
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275 | 275 | | paying pensions and retirement to public 11 |
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276 | 276 | | officials who unlawfully took money or bri bes 12 |
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277 | 277 | | from foreign adversaries. There are unknown 13 |
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278 | 278 | | costs or savings in securing Missouri's 14 |
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279 | 279 | | borders.". 15 |
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280 | 280 | | |
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