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Article VIII, Missouri Constitution

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Missouri Constitution
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Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIII
Article VIII of the Missouri Constitution is entitled Suffrage and Elections

Section 1

Text of Section 1:

Time of General Elections

The general election shall be held on the Tuesday next following the first Monday in November of each even year, unless a different day is fixed by law, two-thirds of all members of each house assenting.

Amendments

(as amended February 26, 1924).

Section 2

Text of Section 2:

Qualifications of Voters—-Disqualifications

All citizens of the United States, including occupants of soldiers’ and sailors’ homes, over the age of eighteen who are residents of this state and of the political subdivision in which they offer to vote are entitled to vote at all elections by the people, if the election is one for which registration is required if they are registered within the time prescribed by law, or if the election is one for which registration is not required, if they have been residents of the political subdivision in which they offer to vote for thirty days next preceding the election for which they offer to vote: Provided however, no person who has a guardian of his or her estate or person by reason of mental incapacity, appointed by a court of competent jurisdiction and no person who is involuntarily confined in a mental institution pursuant to an adjudication of a court of competent jurisdiction shall be entitled to vote, and persons convicted of felony, or crime connected with the exercise of the right of suffrage may be excluded by law from voting.

Amendments

(as amended November 4, 1958). (Amended November 5, 1974)

Section 3

Text of Section 3:

Methods of Voting—-Secrecy of Ballot-—Exceptions

All elections by the people shall be by ballot or by any mechanical method prescribed by law. All election officers shall be sworn or affirmed not to disclose how any voter voted; provided, that in cases of contested elections, grand jury investigations and in the trial of all civil or criminal cases in which the violation of any law relating to elections, including nominating elections, is under investigation or at issue, such officers may be required to testify and the ballots cast may be opened, examined, counted, and received as evidence.

Amendments

(as amended February 26, 1924). (Amended August 3, 1976)

Section 4

Text of Section 4:

Privilege of Voters from Arrest—-Exceptions

Voters shall be privileged from arrest while going to, attending and returning from elections, except in cases of treason, felony or breach of the peace.

Amendments

(as amended February 26, 1924).

Section 5

Text of Section 5:

Registration of Voters

Registration of voters may be provided for by law.

Amendments

(as amended February 26, 1924).

Section 6

Text of Section 6:

Retention of Residence for Voting Purposes

For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while engaged in the civil or military service of this state or of the United States, or in the navigation of the high seas or the waters of the state or of the United States, or while a student of any institution of learning, or kept in a poor house or other asylum at public expense, or confined in public prison.

Amendments

(as amended February 26, 1924).

Section 7

Text of Section 7:

Absentee Voting

Qualified electors of the state who are absent, whether within or without the state, may be enabled by general law to vote at all elections by the people.

Amendments

(as amended February 26, 1924).

Section 15

Text of Section 15:

Preamble

The people of Missouri hereby state our intention that this initiative lead to the adoption of the following U.S. Constitutional Amendment.

Amendments

(Adopted November 5, 1996)

Section 16

Text of Section 16:

Congressional Term Limits Amendment

(a) No person shall serve in the office of United States Representative for more than three terms, but upon ratification of this amendment no person who has held the office of the United States Representative or who then holds the office shall serve for more than two additional terms.

(b) No person shall serve in the office of United States Senator for more than two terms, but upon ratification of this amendment no person who has held the office of United States Senator or who then holds the office shall serve in the office for more than one additional term.

(c) Any state may enact by state constitutional amendment longer or shorter limits than those specified in section “a” or “b” herein.

(d) This article shall have no time limit within which it must be ratified to become operative upon the ratification of the legislatures of three-fourths of the several States. Therefore, We, the people of the State of Missouri, have chosen to amend the state constitution to inform voters regarding incumbent and non-incumbent federal candidates’ support for the above proposed CONGRESSIONAL TERM LIMITS AMENDMENT.

Amendments

(Adopted November 5, 1996)

Section 17

Text of Section 17:

Voter Instruction on Term Limits for Members of Congress

(1) We, the Voters of Missouri, hereby instruct each member of our congressional delegation to use all of his or her delegated powers to pass the Congressional Term Limits Amendment set forth above.

(2) All primary and general election ballots shall have printed the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” adjacent to the name of any United States Senator or Representative who:

(a) fails to vote in favor of the proposed Congressional Term Limits Amendment set forth above when brought to a vote or;
(b) fails to second the proposed Congressional Term Limits Amendment set forth above if it lacks for a second before any proceeding of the legislative body or;
(c) fails to propose or otherwise bring to a vote of the full legislative body the proposed Congressional Term Limits Amendment set forth above if it otherwise lacks a legislator who so proposes or brings to a vote of the full legislative body the proposed Congressional Term Limits Amendment set forth above or;
(d) fails to vote in favor of all votes bringing the proposed Congressional Term Limits Amendment set forth above before any committee or subcommittee of the respective house upon which he or she serves or;
(e) fails to reject any attempt to delay, table or otherwise prevent a vote by the full legislative body of the proposed Congressional Term Limits Amendment set forth above or;
(f) fails to vote against any proposed constitutional amendment that would establish longer term limits than those in the proposed Congressional Term Limits Amendment set forth above regardless of any other actions in support of the proposed Congressional Term Limits Amendment set forth above, or;
(g) sponsors or cosponsors any proposed constitutional amendment or law that would increase term limits beyond those in the proposed Congressional Term Limits Amendment set forth above, or;
(h) fails to ensure that all votes on Congressional Term Limits are recorded and made available to the public.

(3) The information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” shall not appear adjacent to the names of incumbent candidates for Congress if the Congressional Term Limits Amendment set forth above is before the states for ratification or has become part of the United States Constitution.

Amendments

(Adopted November 5, 1996)

Section 18

Text of Section 18:

Voter Instruction on Term Limit Pledge for Non--Incumbents

(1) Non-incumbent candidates for United States Senator and Representative shall be given an opportunity to take a “Term Limit” pledge regarding “Term Limits” each time they file to run for such office. Those who decline to take the “Term Limits” pledge shall have the information “DECLINED TO PLEDGE TO SUPPORT TERM LIMITS” printed adjacent to their name on every primary and general election ballot.

(2) The “Term Limits” pledge shall be offered to non-incumbent candidates for United States Senator and Representative until a Constitutional Amendment which limits the number of terms of United States Senators to no more than two and United States Representatives to no more than three shall have become part of our United States Constitution.

(3) The “Term Limits” pledge that each non-incumbent candidate, set forth above, shall be offered is as follows:

I support term limits and pledge to use all my legislative powers to enact the proposed Constitutional Amendment set forth in the Term Limits Act of 1996. If elected, I pledge to vote in such a way that the designation “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” will not appear adjacent to my name.

Amendments

(Adopted November 5, 1996)

Section 19

Text of Section 19:

Designation

(1) The Secretary of State shall be responsible to make an accurate determination as to whether a candidate for the federal legislature shall have placed adjacent to his or her name on the election ballot the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” or “DECLINED TO PLEDGE TO SUPPORT TERM LIMITS.”

(2) The Secretary of State shall consider timely submitted public comments prior to making the determination required in subsection (1) of this section and may rely on such comments and any information submitted by the candidates in making the determination required in subsection (1).

(3) The Secretary of State, in accordance with subsection (1) of this section shall determine and declare what information, if any, shall appear adjacent to the names of each incumbent federal legislator if he or she was to be a candidate in the next election. This determination and declaration shall be made in a fashion necessary to ensure the orderly printing of primary and general election ballots with allowance made for all legal action provided in section (5) and (6) below, and shall be based upon each member of Congress’s action during their current term of office and any action taken in any concluded term, if such action was taken after the determination and declaration was made by the Secretary of State in a previous election.

(4) The Secretary of State shall determine and declare what information, if any, will appear adjacent to the names of non-incumbent candidates for the federal legislature, not later than five (5) business days after the deadline for filing for the office.

(5) If the Secretary of State makes the determination that the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” or “DECLINED TO PLEDGE TO SUPPORT TERM LIMITS” shall not be placed on the ballot adjacent to the name of a candidate for the federal legislature, any elector may appeal such decision within five (5) business days to the Missouri Supreme Court as an original action or shall waive any right to appeal such decision; in which case the burden of proof shall be upon the Secretary of State to demonstrate by clear and convincing evidence that the candidate has met the requirements set forth in the Act and therefore should not have the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” or “DECLINED TO PLEDGE TO SUPPORT TERM LIMITS” printed on the ballot adjacent to the candidate’s name.

(6) If the Secretary of State determines that the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” or “DECLINED TO PLEDGE TO SUPPORT TERM LIMITS” shall be placed on the ballot adjacent to a candidate’s name, the candidate may appeal such decision within five (5) business days to the Missouri Supreme Court as an original action or shall waive any right to appeal such decision; in which case the burden of proof shall be upon the candidate to demonstrate by clear and convincing evidence that he or she should not have the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” or “DECLINED TO PLEDGE TO SUPPORT TERM LIMITS” printed on the ballot adjacent to the candidate’s name.

(7) The Supreme Court shall hear the appeal provided for in subsection (5) and issue a decision within 60 days. The Supreme Court shall hear the appeal provided for in subsection (6) and issue a decision not later than 61 days before the date of the election.

Amendments

(Adopted November 5, 1996)

Section 20

Text of Section 20:

Automatic Repeal

At such time as the Congressional Term Limits Amendment set forth above has become part of the U.S. Constitution, section 15 through section 22 of this Article automatically shall be repealed.

Amendments

(Adopted November 5, 1996)

Section 21

Text of Section 21:

Jurisdiction

Any legal challenge to this Amendment shall be filed as an original action before the Supreme Court of this State.

Amendments

(Adopted November 5, 1996)

Section 22

Text of Section 22:

Severability

If any portion, clause, or phrase of this Amendment is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, the remaining portions, clauses, and phrases shall not be affected, but shall remain in full force and effect.

Amendments

(Adopted November 5, 1996)

External links

Missouri Constitution(See page 111)

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