HCS SCS SB 253 -- ELECTIONS

SPONSOR:  Justus (Diehl)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Elections
by a vote of 7 to 5.

This substitute changes the laws regarding elections.  In its
main provisions, the substitute:

(1)  Requires the Missouri Ethics Commission to redact bank
account numbers from statements of organization before these
documents are made public;

(2)  Requires treasurers and deputy treasurers of political party
committees to reside in the district or county where their
committee sits;

(3)  Requires candidates for office in special districts, cities,
towns, and villages to pay various taxes prior to being eligible
to run for elected office;

(4)  Removes the provision which allows the commission to file a
petition with the circuit court of Cole County requesting an
extension of time to complete an investigation;

(5)  Requires a county assessor to be a resident of the county
for six months prior to being elected or appointed;

(6)  Requires special elections to be held for vacancies in the
offices of United States Senator from Missouri, Lieutenant
Governor, Attorney General, Secretary of State, State Auditor,
and State Treasurer.  If there is an impeachment proceeding for
one of these officers, the Governor will temporarily administer
the duties of the office until the trial; and if there is a
conviction, the special election process will be used to fill the
vacancy.  In the case of a vacancy in the Office of State
Auditor, the Governor will appoint a temporary acting auditor who
will serve until a special election for the office is held.
Currently, the office of United States Senator and most statewide
offices, except for the Office of the Governor, may be filled by
a gubernatorial appointment when there is a vacancy;

(7)  Establishes the Andrew Jackson Vote Restoration Act which
repeals certain provisions regarding the election process for
nonpartisan elections.  Currently, nonpartisan elections in
political subdivisions and special districts, except for
municipalities, may be canceled if the number of candidates
filing for a position is equal to the number of positions
available.  The act repeals these provisions and requires
elections to always be held except in the case of townships and
villages which may cancel an election if the number of candidates
filing for a position is equal to the number of positions
available;

(8)  Makes it a class three election offense to use an electronic
recording device to record, photograph, copy, or transmit the
content of a voted ballot to any unauthorized person;

(9)  Allows county commissions in third and fourth classification
counties to appoint a land surveyor if the filing deadline for
the office has expired without any candidate filing for the
office and the proper notice has been given as required.
Currently, these county commissions may appoint a land surveyor
following a general election if no qualified candidates file for
the office;

(10)  Prohibits an individual who has been found guilty of or
pled guilty to a felony in Missouri, to any crime committed in
any other jurisdiction that would be a felony if committed in
Missouri, or to any federal felony from qualifying as a candidate
for elective public office including any elective public office
of any political subdivision.  Crimes involving misconduct in
public office whether classified as misdemeanors or felonies will
also disqualify an individual;

(11)  Allows certain third class cities to eliminate primary
elections for the position of mayor or councilman.  Statements of
candidacy may be filed with the county clerk, and the eligible
candidates will be placed on the ballot at a general election;

(12)  Requires the Secretary of State to establish a secure
system for allowing absentee voting via ballot transmission over
the Internet by those in the military and federal service who are
currently residing outside of the United States.  The Secretary
of State will consider programs that are based on open source
platforms, provide support to participating local election
authorities, provide adequate voter education to overseas voters,
and seek federal funds for the program.  A phased implementation
of the program will begin by June 30, 2010, with full
implementation by January 1, 2012;

(13)  Establishes a procedure by which a school district or an
initiative petition may place the issue of open enrollment by
contract before the voters of the district to become effective
the following July 1.  A two-thirds majority of the voters is
required for approval.  Private schools that meet certain
conditions and public schools that are not in the district of
residence may become contractors.  The substitute specifies how
contractors qualify, which students are eligible, how the amount
of the contract is to be calculated, when students may return to
their district of residence, and how districts may opt out of
open enrollment;

(14)  Specifies a procedure for determining the percentage vote
requirement on all tax measures enacted by popular vote that are
currently stated as a fraction;

(15)  Allows a candidate to request a recount in the case of a
tie vote prior to using the procedures for resolving a tie vote;

(16)  Authorizes political subdivisions, for tax year 2009, to
levy a property tax rate sufficient to generate as much revenue
as was produced in the 2007 tax year, excluding new construction
and improvements, as long as the rate does not exceed the greater
of the rate in effect for the 1984 tax year or the most recent
voter-approved rate;

(17)  Authorizes voters to petition for an election to lower the
tax rate ceiling of a political subdivision when at least 33% of
the registered voters within the taxing authority's boundaries
sign the petition.  If at least 66% of the votes cast are in
favor of lowering the ceiling, the lowered tax rate ceiling will
become effective.  The petition to lower the tax rate ceiling
cannot include debt service levies; and

(18)  Requires a vacancy on the Kansas City school board to be
filled by a special election rather than by an appointment.

NEIGHBORHOOD IMPROVEMENT DISTRICTS

Currently, assessed costs on property divided into parcels within
a neighborhood improvement district are recalculated and
reassessed proportionally to each of the divided parcels.  The
substitute allows the city or county that formed the district 60
days after the recordation of proof of parcel division to
reallocate the costs according to the method of assessment
established in the ballot question or petition forming the
district, otherwise the proportional assessment method must be
utilized.

COMMUNITY IMPROVEMENT DISTRICTS

The substitute:

(1)  Changes the basis of the determination of ownership of
property within the community improvement district to the real
estate records of the recorder of deeds where the district is
located.  Currently, for various purposes under the community
improvement district law, the determination is made from the tax
records maintained by the county clerk;

(2)  Allows a district board to include up to five legally
authorized representatives of any business operating within the
district if there are fewer than five real property owners within
a district.  Currently, every district is governed by a board
with five to 30 directors, who are owners of real property or of
a business operating within the district;

(3)  Specifies the manner in which a director's term will be
determined when all directors receive the same number of votes
regarding their term limits;

(4)  Expands the powers that the district can exercise outside
the district's boundaries to include acquiring real and personal
property; abating public nuisances; constructing, maintaining, or
operating a variety of public improvements, including
transportation; and permissively regulating municipal traffic;

(5)  Authorizes districts located in a blighted area to contract
with any private property owner to acquire property owned or to
be owned by a private property owner;

(6)  Allows approval of a district sales tax to be obtained by an
election within the district or, if no registered voters live
within the district, by a unanimous petition of 100% of the
district's property owners verified by the board of directors;
and

(7)  Allows a district to conduct an election pursuant to the
Comprehensive Election Act of 1977 under Sections 115.005 -
115.646, RSMo, or with mail-in ballots pursuant to Sections
115.650 - 115.660.  Section 115.005 will not apply to these
provisions.

TRANSPORTATION DEVELOPMENT DISTRICTS

The substitute:

(1)  Defines "owner" as used in the transportation development
district law;

(2)  Authorizes an alternative method by which property may be
added to a district by the unanimous petition of the qualified
voters within the area to be added, followed by public notice and
a public hearing by the district board.  If a written objection
signed by at least 10% of the qualified voters within the
district is filed within seven days after the public hearing, the
issue must be submitted to the qualified voters within the
proposed limits of the district.  Currently, property may be
added to a district by the unanimous petition of the owners of
the property to be added and the unanimous approval of the
property owners within the district;

(3)  Specifies the method by which the vote of a non-individual
in a director election will be cast if no mechanism for that
determination is specified in its organizational or operating
documents;

(4)  Repeals the requirement that directors be residents of the
district;

(5)  Changes the effective date of any sales tax authorized in
the transportation development district law to the first day of
the month designated by the board.  Currently, the tax becomes
effective on the first day of the month following its adoption;

(6)  Allows a decrease in the number of projects a board is
authorized to complete upon a majority vote of the board.
Currently, if a board wants to decrease the number of projects,
it must submit the issue to the voters of the district; and

(7)  Authorizes a district to begin district dissolution election
proceedings after it has provided for the completion and funding
of its project and has transferred ownership and control of the
project to the Highways and Transportation Commission or a local
transportation authority.  A district is also authorized to begin
district dissolution proceedings by petition to a circuit court
after it has completed a project or provided for the completion
and funding of its project and has transferred ownership and
control of the project to the commission or a local
transportation authority.

The substitute contains an emergency clause for the provisions
regarding political subdivisions levying a property tax rate.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of Unknown -
Greater than $15,792 or $1,215,792 in FY 2010, FY 2011, and
FY 2012.  No impact on Other State Funds in FY 2010, FY 2011, and
FY 2012.

PROPONENTS:  Supporters say that a new system of school board
governance is needed.  The bill is a small step in encouraging
parent participation and democracy.  There is significant public
support for holding school board elections.

Testifying for the bill were Senator Justus; Susan Lackamp, Hands
Off the Kansas City Missouri School Board; Melissa Eddy, Do the
Right Thing for Kids; Uzziel Pecina; Cokethea Hill, Kansas City
School District; Bambi Shen; and D. and E. Cornish.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:26 am