SECOND REGULAR SESSION

HOUSE JOINT RESOLUTION NO. 86

96TH GENERAL ASSEMBLY


 

 

INTRODUCED BY REPRESENTATIVES GATSCHENBERGER (Sponsor), TILLEY, FUNDERBURK, JONES (89), FRANZ, ZERR, RIDDLE, BLACK, COOKSON, ELMER, ENTLICHER, DENISON, LASATER, SHUMAKE, RICHARDSON, CAUTHORN, DAY, BAHR, WIELAND, SCHATZ, CONWAY (14), McCAHERTY, JONES (117), WALLINGFORD, COX, CASEY, PIERSON, ELLINGER, CONWAY (27), TAYLOR, WEBBER, CIERPIOT, HINSON, STREAM, FUHR, FRAKER, KOENIG, WYATT, FRANKLIN, MOLENDORP, CURTMAN, SCHAD, SMITH (150), GOSEN, TORPEY, KELLEY (126), FISHER, KEENEY, BROWN (50), SCHIEFFER, LANT, LONG, REIBOLDT, NETH, SOMMER, BERRY, ROWLAND, HOUGHTON, WHITE, NANCE, PARKINSON, BRANDOM, McGHEE, KELLY (24), WETER, NOLTE AND SCHARNHORST (Co-sponsors).

6182L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk


 

JOINT RESOLUTION

Submitting to the qualified voters of Missouri an amendment repealing sections 3(a), 3(b), and 3(c) of article XII of the Constitution of Missouri, relating to a state constitutional convention.




Be it resolved by the House of Representatives, the Senate concurring therein:


            That at the next general election to be held in the state of Missouri, on Tuesday next following the first Monday in November, 2012, or at a special election to be called by the governor for that purpose, there is hereby submitted to the qualified voters of this state, for adoption or rejection, the following amendment to article XII of the Constitution of the state of Missouri:

            Section A. Sections 3(a), 3(b), and 3(c), article XII, Constitution of Missouri, are repealed.

[Section 3(a). At the general election on the first Tuesday following the first Monday in November 1962, and every twenty years thereafter, the secretary of state shall, and at any general or special election the general assembly by law may, submit to the electors of the state the question "Shall there be a convention to revise and amend the constitution?" The question shall be submitted on a separate ballot without party designation, and if a majority of the votes cast thereon is for the affirmative, the governor shall call an election of delegates to the convention on a day not less than three nor more than six months after the election on the question. At the election the electors of the state shall elect fifteen delegates-at-large and the electors of each state senatorial district shall elect two delegates. Each delegate shall possess the qualifications of a senator; and no person holding any other office of trust or profit (officers of the organized militia, school directors, justices of the peace and notaries public excepted) shall be eligible to be elected a delegate. To secure representation from different political parties in each senatorial district, in the manner prescribed by its senatorial district committee each political party shall nominate but one candidate for delegate from each senatorial district, the certificate of nomination shall be filed in the office of the secretary of state at least thirty days before the election, each candidate shall be voted for on a separate ballot bearing the party designation, each elector shall vote for but one of the candidates, and the two candidates receiving the highest number of votes in each senatorial district shall be elected. Candidates for delegates-at-large shall be nominated by nominating petitions only, which shall be signed by electors of the state equal to five percent of the legal voters in the senatorial district in which the candidate resides until otherwise provided by law, and shall be verified as provided by law for initiative petitions, and filed in the office of the secretary of state at least thirty days before the election. All such candidates shall be voted for on a separate ballot without party designation, and the fifteen receiving the highest number of votes shall be elected. Not less than fifteen days before the election, the secretary of state shall certify to the county clerk of the county the name of each person nominated for the office of delegate from the senatorial district in which the county, or any part of it, is included, and the names of all persons nominated for delegates-at-large.]

 

[Section 3(b). The delegates so elected shall be convened at the seat of government by proclamation of the governor within six months after their election. The facilities of the legislative chambers and legislative quarters shall be made available for the convention and the delegates. Upon convening all delegates shall take an oath or affirmation to support the Constitution of the United States and of the state of Missouri, and to discharge faithfully their duties as delegates to the convention, and shall receive for their services the sum of ten dollars per diem and mileage as provided by law for members of the general assembly. A majority of the delegates shall constitute a quorum for the transaction of business, and no constitution or amendment to this constitution shall be submitted to the electors for approval or rejection unless by the assent of a majority of all the delegates-elect, the yeas and nays being entered on the journal. The convention may appoint such officers, employees and assistants as it may deem necessary, fix their compensation, provide for the printing of its documents, journals, proceedings and a record of its debates, and appropriate money for the expenditures incurred. The sessions of the convention shall be held with open doors, and it shall determine the rules of its own proceedings, choose its own officers, and be the judge of the election, returns and qualifications of its delegates. In case of a vacancy by death, resignation or other cause, the vacancy shall be filled by the governor by the appointment of another delegate of the political party of the delegate causing the vacancy.]

 

            [Section 3(c). Any proposed constitution or constitutional amendment adopted by the convention shall be submitted to a vote of the electors of the state at such time, in such manner and containing such separate and alternative propositions and on such official ballot as may be provided by the convention, at a special election not less than sixty days nor more than six months after the adjournment of the convention. Upon the approval of the constitution or constitutional amendments the same shall take effect at the end of thirty days after the election. The result of the election shall be proclaimed by the governor.]