This act requires challenges to summary statements to be brought in the Cole County circuit court not later than the 22nd Tuesday prior to the General Election. If the statement is found to be sufficient and fair, the court shall order the statement to be placed on the ballot. If the statement is found to be insufficient or unfair, the circuit court may make suggested revisions but shall order the Secretary of State (SOS) to prepare a new summary statement that is sufficient and fair. The SOS can be ordered to write up to 3 revised summary statements and the court shall determine if they are sufficient and fair. If any of the revised statements are determined to be sufficient and fair, that summary statement shall appear on the ballot, subject to any appeals. If, after submission of a third revised summary statement, the court still finds it to be insufficient and unfair, the court shall write its own summary statement that is sufficient and fair and shall order it to appear on the ballot, subject to any appeals. Special provisions are included relating to appeals from decisions of the circuit court. The act specifically prohibits an appellate court from modifying or rewriting a summary statement. No other relief shall issue from an appellate court on a challenge to a circuit court's decision that a summary statement is sufficient and fair besides remanding the judgment to the circuit court for further proceedings consistent with Missouri law.

In the case of summary statements for statewide ballot measures appearing on the ballot at an election called by the Governor, whether at the primary election or at a special election, or at a special election called by the General Assembly in the case of a referendum petition, the courts shall expedite the process to bring a resolution of the matter prior to the printing of ballots. The court may shorten any time frame under this act to achieve this purpose.

Current law requires all actions challenging the ballot titles for statewide ballot measures to be fully and finally adjudicated not less than 56 days prior to the election at which it will appear on the ballot. This act extends that period to 70 days prior to the election.

The act increases the total word limitation on summary statements for ballot measures proposed by the General Assembly from 50 words to 100 words.

The act stipulates that once the SOS certifies the official ballot title, signatures may be collected, even if the ballot title is subject to an action in court challenging the sufficiency and fairness of the ballot title. If a court orders a change that alters the content of the official ballot title, then all signatures gathered before such change occurred shall not be invalidated based upon the fact that one or more signatures were gathered prior to the alteration of the official ballot title, regardless of whether those signatures were gathered on petition pages that displayed what was previously the official ballot title as certified by the SOS. Nothing in this provision shall prohibit the invalidation of a signature for a reason otherwise allowed by law.

SCOTT SVAGERA