Summary of the Perfected Version of the Bill


HCS HB 1869 -- ELECTIONS (Dugger)


COMMITTEE OF ORIGIN: Committee on Elections


The substitute changes the laws regarding elections. The

substitute:


(1) Prohibits a person who has been convicted of, found guilty

of, or pled guilty to an offense involving forgery under the laws

of Missouri or an offense in any other jurisdiction that would be

considered forgery if committed in Missouri from qualifying as a

petition circulator;


(2) Requires a person collecting signatures for an initiative or

referendum petition to indicate whether or not he or she is being

compensated by predominantly displaying a sign or button stating

that information. Any violation of this provision will be an

infraction subject to a penalty of not less than $100 but not

more than $500;


(3) Specifies that any person who knowingly signs any name other

than his or her own to any petition will, upon conviction, be

guilty of a class one election offense which is a felony.

Currently, any person who signs any name other than his or her

own to any petition is guilty of a class A misdemeanor; 


(4) Allows any person who submits a petition to the Secretary of

State to withdraw the petition upon written notice;


(5) Requires the Joint Committee on Legislative Research to hold

a public hearing in Jefferson City on a ballot measure within 30

days of the Secretary of State’s certification to place the

ballot measure on the ballot. The hearing will take public comment concerning the proposed measure;


(6) Requires a fiscal note that is part of a summary statement

for a ballot measure proposed by the General Assembly to be

submitted by the General Assembly itself or the Secretary of

State. The State Auditor no longer must review the fiscal note

for a ballot measure and will no longer be named as a party in

ballot title litigation. When an initiative is submitted by

private proponents, both proponents and opponents of the measure

may submit estimated fiscal impact statements which will be

posted on the website of the Office of the Secretary of State. A

fiscal impact statement may include costs or savings to

businesses as well as costs or savings to the state. A court

challenge to a summary statement must be resolved within 120 days

or dismissed with prejudice for failure to prosecute unless the

Cole County circuit court enters an order expressly stating that

the sole cause for delay was the court’s unavailability. Specified proponents of ballot measures may intervene in court

challenges to ballot titles;


(7) Requires the Secretary of State to post the full text of

proposed ballot measures within two days of its receipt and the

name of the submitting person or organization. A violation of

this provision will be a violation of the Open Records and

Meetings Law, commonly known as the Sunshine Law;


(8) Reduces the time that the Secretary of State has to approve

or disapprove the form of a ballot measure from 30 days to 15

days after its submission; and


(9) Requires a person submitting a sample sheet to also submit

at least 1,000 but no more than 2,000 signatures to the Secretary

of State to place a proposal on the ballot. If the Secretary of

State verifies that at least 1,000 signatures are valid by

sending them to the election authorities to be verified, then the

proposal will be approved. The Secretary of State verifies

signatures by sending them within five days to the election

authorities who have 15 days to reply. The Secretary of State

then has 10 days to prepare a summary statement. Signatures

obtained prior to the date the official title is certified by the

Secretary of State cannot be counted.


The provisions of the bill contain a severability clause, and if

any provision of the bill is found by a court of competent

jurisdiction to be unconstitutional, the remaining provisions are

to remain valid except under specified conditions.


The provision of the substitute requiring the Joint Committee on

Legislative Research to conduct a public hearing contains an

emergency clause.


FISCAL NOTE: Estimated Net Cost on General Revenue Fund of

$35,750 in FY 2013, FY 2014, and FY 2015. No impact on Other

State Funds in FY 2013, FY 2014, and FY 2015.


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