Laws governing the initiative process in Missouri
From Ballotpedia
Contents |
In Missouri, residents may propose new state statutes and new constitutional amendments through the initiative process. They may also initiate a referendum on an already proposed law.
Missouri Constitution
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 for proposing an initiative
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.
Note: Missouri has a single-subject rule.
Signature requirements
The signature requirement total is based on the votes cast for governor in last gubernatorial election.
The number of votes cast in 2006 were 2,739,907. The 2008 requirement is based on this number.
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 geographic distribution requirement.
See also: Missouri signature requirements for more detailed information.
Circulation period
18 months.
Deadline for submitting signatures
Signatures must be turned in by May 4, 2008. (See Petition drive deadlines in 2008.)
The Missouri Secretary of State then verifies the signatures by random sampling to make sure signatures are authentic and belong to registered voters.
The legislature can both repeal and amend initiative statutes.
Campaign finance requirements
Initiative committees are required to register with the Missouri Ethics Commission and disclose all contributions and expenditures.
See: Campaign finance requirements for Missouri ballot measures
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
- Missouri 2008 ballot measures
- List of Missouri ballot measures
- Missouri signature requirements
- Campaign finance requirements for Missouri ballot measures
