Missouri House Bill 117 (2013)

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Missouri House Bill 117 (2013)
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Legislature:Missouri Legislature
Text:HB 117
Sponsor(s):Rep. Tony Dugger (R-141)
Legislative History
Introduced:January 4, 2013
State senate:May 20, 2013
Governor:Jay Nixon
Signed:July 1, 2013
Legal Environment
State law:Laws governing the initiative process in Missouri
Code:Initiative and Referendum code
Section:Chapter 116
Impact on initiative rights
Citizens in Charge Foundation#Legislation ratingsCICF rating: Improves Access
Citizens in Charge Foundation#Legislation ratings

Missouri House Bill 116, which was approved, changed the laws regarding petition circulators and the duties of the Secretary of State regarding initiative and referendum petitions. It was introduced on January 4, 2013 and sponsored by Rep. Tony Dugger (R-141). On July 1, 2013 governor Jay Nixon signed it into law. HB 116 repealed sectiosn 116.030, 116.040, 116.080, 116.090, 116.190, 116.332, and 116.334 of the Missouri Revised Statutes and enacted nine new sections relating to initiative and referendum petitions, including penalty provisions.[1]

Provisions

The following description of HB 116 was provided on the National Conference of State Legislatures website:

Description: Requires petition circulators to swear or affirm under penalty of perjury that all statements made by him/her are true and that s/he has never been convicted of, found guilty of, or pled guilty to any offense involving forgery; requires circulators to swear that they are at least 18 years of age and to reveal in the oath whether or not they are paid to circulate the petition, and if paid, to list the payer. (Effective Nov. 4, 2014)

Deems a circulator to be registered at the time such circulator delivers a signed circulator's affidavit pursuant to section 116.030, with respect to a referendum petition, or section 116.040, with respect to an initiative petition, to the office of the secretary of state. (Effective Nov. 4, 2014)

Stipulates that no person shall qualify as a petition circulator who has been convicted of, found guilty of, or pled guilty to an offense involving forgery under the laws of this state or an offense under the laws of any other jurisdiction if that offense would be considered forgery under the laws of this state. (Effective Nov. 4, 2014)

Makes the following acts signature fraud: (1) Intentionally submitting petition signature sheets with the knowledge that the person whose name appears on the signature sheet did not actually sign the petition; or (2) Causing a voter to sign a petition other than the one the voter intended to sign; or (3) Forging or falsifying signatures; or (4) Knowingly accepting or offering money or anything of value to another person in exchange for a signature on a petition.

Any person who knowingly causes a petition circulator's signatures to be submitted for counting, and who either knows that such circulator has violated subsection of this section or, after receiving notice of facts indicating that such person may have violated subsection 1 of this section, causes the signatures to be submitted with reckless indifference as to whether such circulator has complied with subsection 1 of this section, shall also be deemed to have committed the crime of petition signature fraud. Any person employed by or serving as an election authority, that has reasonable cause to suspect a person has committed petition signature fraud, shall immediately report or cause a report to be made to the appropriate prosecuting authorities. Failure to so report or cause a report to be made shall be a class A misdemeanor.

Any person who submits a sample sheet to or files an initiative petition with the secretary of state may withdraw the petition upon written notice to the secretary of state. If such notice is submitted to the secretary of state, the proposed petition shall no longer be circulated by any person, committee, or other entity. The secretary of state shall vacate the certification of the official ballot title within three days of receiving notice of the withdrawal.

Within thirty days of issuing certification that the petition contains a sufficient number of valid signatures pursuant to section 116.150, the joint committee on legislative research shall hold a public hearing in Jefferson City to take public comments concerning the proposed measure. Such hearing shall be a public meeting under chapter 610. Within five business days after the end of the public hearing, the joint committee on legislative research shall provide a summary of the hearing to the secretary of state or his or her designee and the secretary of state shall post a copy of the summary on the website of the office of the secretary of state.

Any action brought to challenge a ballot title or fiscal note that is not fully and finally adjudicated within one hundred eighty days of filing, including all appeals, shall be extinguished, unless a court extends such period upon a finding of good cause for such extension. Such good cause shall consist only of court-related scheduling issues and shall not include requests for continuance by the parties.(Effective Nov. 4, 2014)

If a committee or person, except the individual submitting the sample sheet, is funding any portion of the drafting or submitting of the sample petition sheet, the person submitting the sample sheet shall submit a copy of the filed statement of committee organization required under subsection 5 of section 130.021 showing the date the statement was filed. Within two business days of receipt of a petition sample sheet, the office of the secretary of state shall conspicuously post on its website the text of the proposed measure, a disclaimer stating that such text may not constitute the full and correct text as required under section 116.050, and the name of the person or organization submitting the sample sheet. The secretary of state's failure to comply with such posting shall be considered a violation of chapter 610 and subject to the penalties provided under subsection 3 of section 610.027. The posting shall be removed within three days of either the withdrawal of the petition under section 116.115 or the rejection for any reason of the petition. Changes from 30 to 15 days the date by which the secretary must notify sponsors of the approval or rejection of the sample petition. (Effective Nov. 4, 2014)

Requires secretary to make a copy of the sample petition available on the secretary of state's website. For a period of fifteen days after the petition is approved as to form, the secretary of state shall accept public comments regarding the proposed measure and provide copies of such comments upon request. Changes from 10 to 23 days after approval of the sample petition the date by which the secretary must prepare and transmit to the attorney general a summary statement of the proposal.(Effective Nov. 4, 2014)

Signatures for statutory initiative petitions shall be filed not later than six months prior to the general election during which the petition's ballot measure is submitted for a vote, and shall also be collected not earlier than the day after the day upon which the previous general election was held. (Effective Nov. 4, 2014)[2][3]


See also

External links

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References

  1. Missouri Legislature website, HB 117, accessed January 20, 2013
  2. National Conference of State Legislatures website, accessed January 20, 2014
  3. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.