Laws governing local ballot measures in Missouri

Laws Governing Local Ballot Measures

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Terms

Initiative • Home rule • General law city • Charter city • Petition • Circulation period • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative tampering • Registered voter

Missouri Constitution
Articles
Preamble • I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII • XIII

Some Missouri local governments have an initiative process for local ballot measures. This article sets out the laws governing local ballot measures in Missouri. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
• An overview of laws governing local recall elections.

Types of local government

Local government in Missouri consists of 114 counties, 312 townships, and 955 cities and villages. In addition, there are 1837 special districts and 534 independent school districts.

Further classifications:

Counties may be:

• General law: of which there are 110
• Home rule charter: of which there are 4 (Jackson, St. Charles, Jefferson, St. Louis County)

Cities and villages are classified as:

• Constitutional charter cities: A city must have a population over 5,000 to adopt a charter. 38 cities have done so.
• Special legislative charter cities and towns: of which there are 6 remaining
• Third class city (3,000-29,999 population at time of incorporation): of which there are 56
• Fourth class city (500-2,999 population at time of incorporation): of which there are approximately 550
• Village (fewer than 500 population at time of incorporation): of which there are approximately 300 (numbers as of 2007)

Ballot Law Portal

Laws Governing Ballot Measures

School districts

See also: School bond and tax elections in Missouri

Missouri mandates four types of school bond and tax elections. The first is to issue new bonding for capital improvements and new construction. They are also required if a school district wants to exceed its debt limit, which is also known as a debt ceiling. Also, elections are required if a school district wants to exceed a basic operating levy. The basic operating levy and the debt ceiling levy are different since the debt ceiling is a limit on all outstanding levies in a school district, while the operating levy is related to operational expenses only. Lastly, if a school district wants to revise a existing levy in order to increase or decrease it, a Proposition C referendum is mandated. Proposition C is protected by the Missouri Constitution. There are tough super majority requirements as a bond issue requires a four-sevenths vote (57.15%) while any referendum involving exceeding the levy cap, debt ceiling levy, or a Proposition C levy referendum requires a two-thirds super majority vote (66.7%) for approval. Missouri is one of a small number of states that requires super-majority approval from the voters to approve a ballot measure related to school finance.

Annexation

A Missouri municipality can annex property in two ways:

• Voluntary annexation: Voluntary annexation is an easy process in which both the property owner and the city desire annexation.

• Involuntary annexation: Involuntary or forced annexation is a more difficult process, which requires an ordinance decided by municipal election, with a 2/3^rds (66.67%) super-majority voter approval necessary for the ordinance to pass.

Local recall rules

Missourians do not have the right of statewide recall. However, the right of local recall is available in:

• Cities defined as Class 3 cities.
• Cities that operate under a city charter, if the specific city charter allows for recall.

The recall process that applies to Class 3 cities in Missouri is governed by MRS §77.650 and 78.260.

Generally:

• Recall may not commence during the elected official's first 6 months in office
• The grounds for recall must be stated, and must include misconduct in office, incompetence, and failure to perform duties prescribed by law.
• 60 days are allowed for collecting signatures.
• Signatures equal to 25% of the registered voters in the city must be collected.

For additional detail, see: Laws governing recall in Missouri

Campaign finance rules

See also: Campaign finance requirements for Missouri ballot measures

Initiative process availability

The availability of initiative varies depending upon the classification, form of government, and home rule status of a city or county.

A guide to local ballot initiatives

Counties

All four charter counties have initiative for charter amendments and county measures.

Cities

• Constitutional charter cities: The Missouri Constitution Article VI Section 20 mandates that charter cities allow initiative for charter amendments and may also adopt an initiative process for ordinances. The charters of the eight most populated cities (Kansas City, St. Louis, Springfield, Independence, Columbia, Lee's Summit, St. Joseph, and St. Charles) all permit initiative. Signature requirements and filing deadlines vary by charter.

• Third class cities:

Third class cities with a commission or a council-manager form of government have an initiative process for ordinances provided by state statutes, Missouri Revised Statutes Section 78.200 for commission and Section 78.573 for council-manager. The main difference between the two statutes is the required percentage of signatures. A Missouri court recently questioned whether Section 78.573 requires an enabling city ordinance to be available to citizens, but did not reach a definite holding on the issue.

Third class cities with a Mayor-Council and Mayor-Administrator-Council form of government are not granted initiative authority by state statutes.

• Fourth class cities and villages are not granted initiative authority by state statutes.

Authority

Constitution

• Missouri Constitution, Article VI, Section 19 - constitutional charter adoption, home rule powers
• Missouri Constitution, Article VI, Section 20 - amendment to constitutional charter through initiative

Statutes

• Missouri Revised Statutes, Section 81.013- special legislative charter amendment through initiative See law: 81.013
• Missouri Revised Statutes, Section 78.200, 210, 240, 270- initiative in commission cities See law: 78.200 Chap. 78
• Missouri Revised Statutes, Section 78.573, 575- initiative in council-manager cities See law: 78.573 78.575

Initiative process features

Local I&R Laws in the 50 States

Source:Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

Third Class Cities

Commission cities   The initiative process in commission cities is governed by Missouri Revised Statutes, Section 78.200, 210, 240, 270. City ordinances may contain additional requirements. See law: 78.200 Chap. 78 Petition form: Petitions shall be signed by none but voters of the city. Each petition shall contain, in addition to the names of the petitioners, the street and house number in which the petitioner resides, his age and length of residence in the city. It shall be accompanied by an affidavit of one or more voters of the city stating that the signers thereof were at the time of signing voters of said city and the number of signers at the time the affidavit was made. (Sec. 78.240) Signature requirement: For placement at the next municipal election, voters equal in number to 10% of the votes cast for all candidates for mayor at the last preceding election. If petitioners seek a special election, 25% is required. (Sec. 78.200) Circulation period: No time limit was found in the statutes. Submitting signatures: The city clerk has 10 days from the filing of the petition to certify signatures. If insufficiency is found, the petitioners have 10 days to amend the petition. (Sec. 78.200, .270) Election procedure and results: The commission has 20 days to pass the ordinance without alteration or submit it to the voters at the next municipal election (or submit "forthwith" if signatures reached 25%). If a majority of the voters voting on the proposed ordinance shall vote in favor thereof, such ordinance shall thereupon become a valid and binding ordinance of the city. (Sec. 78.200, .210) Legislative tampering: Any ordinance proposed by petition, or which shall be adopted by a vote of the people, cannot be repealed or amended except by a vote of the people. (Sec. 78.210)

Council-manager cities   The initiative process in council-manager cities is governed by MO Rev. Stat. Section 78.573, .575. City ordinances may contain additional requirements. See law: 78.573 78.575 Subject matter restrictions: Initiative cannot be used to pass an ordinance appropriating money, emergency ordinances and ordinances for the levying of taxes. (Sec. 78.573) Petition form: Statutes do not specify form requirements. Individual cities may provide requirements by ordinance. Signature requirement: 25% of the registered voters are required. (Sec. 78.573) Circulation period: No time limit was found in the statutes. Submitting signatures: The city clerk has 10 days from the filing of the petition to certify signatures. If insufficiency is found, petitioners have 10 days to amend the petition. (Sec. 78.573, .270) Election procedure and results: The council has 20 days to pass the ordinance without alteration or submit it for a vote at the next municipal or state primary or general election. If a majority of the voters voting on the proposed ordinance vote in favor thereof, it shall thereupon become a valid and binding ordinance of the city. (Sec. 78.573) Legislative tampering: Any ordinance proposed by petition, or which is adopted by a vote of the people, cannot be repealed or amended by the council for a period of two years after the adoption of the ordinance except by a unanimous vote of all members of the council. (Sec. 78.575)

Charter Cities

Charter amendment   38 cities in Missouri operate under a home rule charter. Missouri Constitution, Article VI, Section 20 governs the initiative process for citizens to propose charter amendments. Charters may contain additional provisions regarding form and process requirements. Subject matter restrictions: Charter cities in general "shall have all powers which the general assembly of the state of Missouri has authority to confer upon any city, provided such powers are consistent with the constitution of this state and are not limited or denied either by the charter so adopted or by statute. Such a city shall, in addition to its home rule powers, have all powers conferred by law." Missouri Constitution, Article VI, Section 19(a) Signature requirements: 10% of the registered qualified electors of the city are required. Text of Section 20: Amendment to City Charters—-Procedure to Submit and Adopt "Amendments of any city charter adopted under the foregoing provisions may be submitted to the electors by a commission as provided for a complete charter. Amendments may also be proposed by the legislative body of the city or by petition of not less than ten percent of the registered qualified electors of the city, filed with the body or official having charge of the city elections, setting forth the proposed amendment. The legislative body shall at once provide, by ordinance, that any amendment so proposed shall be submitted to the electors at the next election held in the city not less than sixty days after its passage, or at a special election held as provided for a charter. Any amendment approved by a majority of the qualified electors voting thereon, shall become a part of the charter at the time and under the conditions fixed in the amendment; and sections or articles may be submitted separately or in the alternative and determined as provided for a complete charter."

Initiative in the top 10 most populated cities

List of Most Populated Cities in Missouri
City	Population	City Type	Next election
Kansas City	463,202	Charter
St. Louis	318,069	Charter	March 5, 2013 (Primary)
Springfield	160,660	Charter
Independence	117,213	Charter
Columbia	110,438	Charter
Lee's Summit	91,668	Charter
St. Joseph	77,185	Charter
St. Charles	66,598	Charter
O'Fallon	80,519	General law
St. Peters	53,264	General law

8 of the top 10 most populated cities in Missouri are governed under a home rule charter. Initiative is available for charter amendments as detailed above. Those 8 have all also authorized initiative for ordinances. The provisions below come from the specific city charter or code. Click on the citation links to read the full requirements for the initiative process. Sample petitions may be available from local election officials.

Individual city provisions   Kansas City Population according to the July, 2011 census update: 463,202 Charter city The signature requirement is 5% of the total vote cast for candidates for the office of Mayor at the last preceding regular municipal election. Petition form requirements can be found in the Kansas City Charter, Section 701, 730, and 731. Petitions are filed with the city clerk. After certification, the council has 60 days to pass the measure. If the committee of petitioners requires the submission of the proposed ordinance to the electors, they shall so certify to the city clerk within 10 days after the final action by the council or expiration of the 60 day period. Then the council shall submit the measure at the next available municipal or state election held not less than 30 days after such certification. Kansas City Charter, Art. VII St. Louis Population according to the July, 2011 census update: 318,069 Charter city The signature requirement is 5% of all the registered voters of the city at the time of the last preceding regular mayoral election. Each of the papers comprising the petition shall contain the proposed ordinance in full and designate by names and addresses five persons as the committee of the petitioners. Additional form requirements can be found in the St. Louis Charter, Article VII, Sections 2 and 3. Petitions are filed with the board of election commissioners. After certification, the board of aldermen has 60 days to pass the measure or they shall submit it at an election in not less than 30 days. St. Louis Charter, Art. V Springfield Population according to the July, 2011 census update: 160,660 Charter city The signature requirement is 10% of the total number of persons voting at the last general municipal election in April. Petition form requirements can be found in the Springfield Charter, Section 14.3. Petitions are filed with the city clerk. After certification, the council has 30 days to pass the measure or they shall submit it at a special election on the next date authorized by law for such an election. However, if there shall be a general election within 90 days after the council takes final action, then the city council shall not be required to call an election with less than 30 days' notice after final action. Restrictions: The charter specifies that initiative may not be used for an ordinance appropriating money. Springfield Charter, Art. XIV Independence Population according to the July, 2011 census update: 117,213 Charter city The signature requirement is 5% of the total number of qualified voters registered at the time of the last general city election. Some petition form requirements can be found in the Independence Charter, Section 7.3. A copy of an initiative petition shall be filed with the city clerk before copies are circulated for signatures and the clerk shall promptly certify whether the petition is in the proper form. Only registered qualified voters of the city may circulate copies of petitions. Petitions must be filed with signatures within 30 days of the initial certification. If sufficient, the council has 30 days to pass the measure or they shall submit it at an election which shall be held not less than 30 days and not more than 90 days after receiving such notification from the city clerk. Restrictions: The charter specifies that initiative may not be used for an ordinance appropriating money or levying taxes, an ordinance regulating compensation or days and hours of work of city personnel, and an ordinance granting, extending, renewing, or amending a franchise for a public utility. Independence Charter, Art. 7 Columbia Population according to the July, 2011 census update: 110,438 Charter city The signature requirement is 20% of the number of votes cast for council member-at-large at the last regular municipal election, provided, that there be not less than 400 signatures. Petition form requirements can be found in the Columbia Charter, Section 129. After certification, the council has 30 days to pass the measure or they shall submit it at the next election provided for by state law which is consistent with applicable notice provisions and available for municipal elections purposes. Restrictions: The charter specifies that initiative is not available for an ordinance appropriating money or authorizing the levy of taxes. Columbia City Charter, Art. XVII Lee's Summit Population according to the July, 2011 census update: 91,668 Charter city The signature requirement is 7% of the total number of qualified voters registered to vote at the last regular municipal election. 5 qualified voters may commence initiative proceedings by filing with the city clerk a notarized affidavit with the required content stating they will constitute the petitioners' committee. The clerk then issues blank petitions which must be completed and filed within 90 days of issuance. After certification, the council has 60 days to pass the measure or they shall submit it to an election not less than 90 days from the date the petition was finally determined sufficient and not later than the next available regular or special election date as established by the Missouri election calendar in accordance with state law, for which timely notice may be given. Restrictions: The charter specifies that initiative must be single subject and shall not extend to the budget or capital program, any ordinance relating to the levy of taxes, zoning or salaries of city employees, or any ordinance relating to any appropriation of money unless such ordinance provides for additional revenues therefor. The term "city employees" in this section shall not include elected officials. Lee's Summit Charter, Art. X St. Joseph Population according to the July, 2011 census update: 77,185 Charter city The signature requirement is 5% of the total number of qualified voters registered to vote at the last regular city election. Any 25 qualified voters may commence initiative proceedings by filing with the city clerk an affidavit with the required content stating they will constitute the Petitioners' Committee. The clerk then issues blank petitions. After certification, the council has 60 days to pass the measure or they shall submit it at a general or special election not less than 30 days, and not later than 180 days. Restrictions: The charter specifies that initiative petitions must address a single subject and shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes, zoning, or salaries of City officers or employees. St. Joseph Charter, Art. XI St. Charles Population according to the July, 2011 census update: 66,598 Charter city The signature requirement is 10% of the total number of qualified registered voters registered to vote at the last regular city election (St. Charles Charter, Sec. 10.3). 5 qualified voters may commence initiative proceedings by filing with the city clerk a notarized affidavit with the required content stating they will constitute the petitioners' committee. The clerk then issues blank petitions. After certification, the council has 60 days to pass the measure or they shall submit it at a general or special election held not later than one year from the date of the final determination as to the sufficiency of the petitions. Restrictions: The charter specifies that initiative petitions must address a single subject and shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes, zoning or salaries of city officers or employees. St. Charles Charter, Art. X O'Fallon Population as of the July, 2011 census update: 80,519 O'Fallon operates under a mayor-council-administrator form of government, which does not have initiative authority under state statutes. St. Peters Population as of the July, 2011 census update: 53,264 St. Peter's operates under a mayor-council-administrator form of government, which does not have initiative authority under state statutes.

External links

• Ballotpedia Research Document, Local Initiative in Missouri
• Missouri Municipal League