Laws governing the initiative process in Missouri
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Contents |
Constitutional authority
The Missouri Constitution states:
The people reserve power to propose and enact or reject laws and amendments to the constitution by the initiative, independent of the general assembly, and also reserve power to approve or reject by referendum any act of the general assembly.
The veto power of the governor shall not extend to measures referred to the people. All elections on measures referred to the people shall be had at the general state elections, except when the general assembly shall order a special election. Any measure referred to the people shall take effect when approved by a majority of the votes cast thereon, and not otherwise. This section shall not be construed to deprive any member of the general assembly of the right to introduce any measure.[1]
Basic procedures
After forming their committee, proponents file the full text of their initiative with the Missouri Secretary of State (SOS), along with a sample petition form. Initiative language can be submitted at any time during the year.
The Secretary of State reviews the petition and also writes a ballot title and summary based on the full text. The SOS will take a suggested title and summary from proponents – but are not obligated to use it.
Once the SOS writes the title and summary, it is forwarded to the Missouri Attorney General for final approval. After the initiative is filed, the Missouri State Auditor writes a fiscal impact statement. Once the ballot title, summary and fiscal impact statement are written, proponents can begin circulating.
The Secretary of State, Attorney General and State Auditor are required to have everything completed within 30 days of when an initiative is filed. There is no statutory procedure for appealing the ballot title, ballot summary or fiscal impact statement. Proponents can, however, sue through normal legal channels.
Single-subject rule
- See also: Single-subject rule
Missouri has a single-subject rule.
Signature requirements
- See also: Missouri signature requirements
The signature requirement total is based on the number of votes cast for governor in the state's most recent gubernatorial election.
2,813,898 votes were cast in Missouri's 2008 gubernatorial election. Missouri's 2010 and 2012 requirements will be based on that number. The exact signature requirements will change again after the state holds its 2012 gubernatorial election.
For a statute, proponents must collect signatures equal to 5% of votes cast for governor and 8% cast for constitutional amendments. Both require signatures to equal 5% from six (out of nine) congressional districts.
The proponents of the ballot measure are free to select the congressional districts they will focus on for the purposes of meeting the distribution requirement.
Circulation period
18 months.
Deadlines
- See also: Petition drive deadlines, 2010
The signature-filing deadline in 2010 was Sunday, May 2.
The Missouri Secretary of State then verifies the signatures by random sampling to make sure signatures are authentic and belong to registered voters.
Legislative tampering
- See also: Legislative tampering
The Missouri State Legislature can both repeal and amend initiated state statutes, but not initiated constitutional amendments.
Campaign finance requirements
The notable features of Missouri's campaign finance law includes:
- Missouri has two designations for groups in support or opposition of a ballot measure. Most are called Continuing Committees, while groups in support or opposition of judicial selection ballot measures are Campaign Committees.
- Missouri requires all committees to follow the McCain-Feingold Campaign Finance reform law for broadcast advertisement disclaimers.
- Missouri bans committees from accepting out-of-state contributions unless the committee is registered in Missouri.
- Missouri requires immediate reporting of contributions of $5,000 or more within 48 hours of receipt to the Missouri Ethics Commission.
Proposed changes
In January 2009, Missouri state legislators have introduced three bills to change the laws governing the initiative process in Missouri so as to make it more difficult for ballot initiatives to pass.
- HB 228 would create a residency requirement.
- HJR3 would boost the number of signatures needed to get an initiative on the ballot, from 8% of the last gubernatorial vote (for a state Constitutional change) and 5% (for a statute), to, respectively, 10% and 8%
- HJR4 would say that initiatives need to receive 60% of the popular vote in order to pass.[2]
In March of 2009 SB 852 was introduced which would open up the signature process by setting a timetable for the Secretary of State's office to approve petition language and make the intent of the petition signer supreme; eliminating signatures being thrown out because of errors or omissions by circulators, notaries or government officials.
See also
- Procedures for qualifying an initiative in Missouri
- List of Missouri ballot measures
- Missouri signature requirements
- Campaign finance requirements for Missouri ballot measures
External links
References
- ↑ Constitution and Statutory Guidelines, Initiative and Referendum Institute
- ↑ Ballot Access News, "More Missouri Anti-Initiative Bills", January 24, 2009
