HOUSE BILL NO. 1999 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE GRAGG.
5558H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 116.040 and 116.080, RSMo, and to enact in lieu thereof two new sections relating to initiative petition circulators.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 116.040 and 116.080, RSMo, are repealed and two new sections 2 enacted in lieu thereof, to be known as sections 116.040 and 116.080, to read as follows: 116.040. The following shall be substantially the form of each page of each petition 2 for any law or amendment to the Constitution of the state of Missouri proposed by the 3 initiative: 4 County ______ 5 Page No. ______ 6 It is a class A misdemeanor punishable, notwithstanding the provisions 7 of section [560.021] 558.002, RSMo, to the contrary, for a term of 8 imprisonment not to exceed one year in the county jail or a fine not to 9 exceed ten thousand dollars or both, for anyone to sign any initiative 10 petition with any name other than his or her own, or knowingly to sign 11 his or her name more than once for the same measure for the same 12 election, or to sign a petition when such person knows he or she is not a 13 registered voter. 14 INITIATIVE PETITION 15 To the Honorable ______, Secretary of State for the state of Missouri: 16 We, the undersigned, registered voters of the state of Missouri and ___ 17 ___ County (or City of St. Louis), respectfully order that the following
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1999 2
18 proposed law (or amendment to the constitution) shall be submitted to 19 the voters of the state of Missouri, for their approval or rejection, at the 20 general election to be held on the ______ day of ______, ______, and 21 each for himself or herself says: I have personally signed this petition; I 22 am a registered voter of the state of Missouri and ______ County (or 23 City of St. Louis); my registered voting address and the name of the 24 city, town or village in which I live are correctly written after my name. 25 (Official Ballot title) ______ 26 CIRCULATOR'S AFFIDAVIT 27 State Of Missouri, 28 County Of ______ 29 I, ______, being first duly sworn, say (print or type names of signers) 30 REGISTERED 31 DATE VOTING ZIP CONGR. 32 NAME SIGNED ADDRESS CODE DIST. NAME 33 (Signature) (Street) (City, (Printed or 34 Town or 35 Village) Typed) 36 (Here follow numbered lines for signers) 37 signed this page of the foregoing petition, and each of them signed his 38 or her name thereto in my presence; I believe that each has stated his or 39 her name, registered voting address and city, town or village correctly, 40 and that each signer is a registered voter of the state of Missouri and __ 41 ____ County. 42 FURTHERMORE, I HEREBY SWEAR OR AFFIRM UNDER 43 PENALTY OF PERJURY THAT ALL STATEMENTS MADE BY ME 44 ARE TRUE AND CORRECT AND THAT I HAVE NEVER BEEN 45 CONVICTED OF, FOUND GUILTY OF, OR PLED GUILTY TO 46 ANY OFFENSE INVOLVING FORGERY. 47 I am at least 18 years of age. [I do ______ do not ______ (check one) 48 expect to be paid for circulating this petition. If paid, list the payer ___ 49 ___] 50 _______________ 51 Signature of Affiant 52 (Person obtaining signatures) 53 _______________ HB 1999 3
54 (Printed Name of Affiant) 55 _______________ 56 Address of Affiant 57 Subscribed and sworn to before me this ______ day of ______, A.D. _ 58 _____ 59 _______________ 60 Signature of Notary 61 Address of Notary 62 Notary Public (Seal) 63 My commission expires ______ 64 65 If this form is followed substantially and the requirements of section 116.050 and section 66 116.080 are met, it shall be sufficient, disregarding clerical and merely technical errors. 116.080. 1. Each petition circulator shall be at least eighteen years of age and 2 registered with the secretary of state. Signatures collected by any circulator who has not 3 registered with the secretary of state pursuant to this chapter on or before 5:00 p.m. on the 4 final day for filing petitions with the secretary of state shall not be counted. A petition 5 circulator shall be deemed registered at the time such circulator delivers a signed circulator's 6 affidavit pursuant to section 116.030, with respect to a referendum petition, or section 7 116.040, with respect to an initiative petition, to the office of the secretary of state. No person 8 shall qualify as a petition circulator who has been convicted of, found guilty of, or pled guilty 9 to an offense involving forgery under the laws of this state or an offense under the laws of any 10 other jurisdiction if that offense would be considered forgery under the laws of this state. 11 Circulators for initiative petitions shall not be paid. 12 2. Each petition circulator shall subscribe and swear to the proper affidavit on each 13 petition page such circulator submits before a notary public commissioned in Missouri. 14 When notarizing a circulator's signature, a notary public shall sign his or her official signature 15 and affix his or her official seal to the affidavit only if the circulator personally appears before 16 the notary and subscribes and swears to the affidavit in his or her presence. 17 3. Any circulator who falsely swears to a circulator's affidavit knowing it to be false is 18 guilty of a class A misdemeanor punishable, notwithstanding the provisions of section 19 [560.021] 558.002 to the contrary, for a term of imprisonment not to exceed one year in the 20 county jail or a fine not to exceed ten thousand dollars or both. ✔
Statutes affected: