HOUSE BILL NO. 3209 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE REUTER.
7047H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 116.155 as enacted by senate bill no. 22, one hundred third general assembly, first regular session, section 116.155 as enacted by house bill no. 676, ninetieth general assembly, first regular session, section 116.160 as enacted by senate bill no. 22, one hundred third general assembly, first regular session, section 116.160 as enacted by house bill no. 676, ninetieth general assembly, first regular session, section 116.190 as enacted by senate bill no. 22, one hundred third general assembly, first regular session, section 116.190 as enacted by senate bill no. 104, ninety-eighth general assembly, first regular session, section 116.334 as enacted by senate bill no. 22, one hundred third general assembly, first regular session, and section 116.334 as enacted by house bill no. 117, ninety-seventh general assembly, first regular session, and to enact in lieu thereof four new sections relating to ballot titles for statewide ballot measures.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 116.155 as enacted by senate bill no. 22, one hundred third general 2 assembly, first regular session, section 116.155 as enacted by house bill no. 676, ninetieth 3 general assembly, first regular session, section 116.160 as enacted by senate bill no. 22, one 4 hundred third general assembly, first regular session, section 116.160 as enacted by house bill 5 no. 676, ninetieth general assembly, first regular session, section 116.190 as enacted by senate 6 bill no. 22, one hundred third general assembly, first regular session, section 116.190 as 7 enacted by senate bill no. 104, ninety-eighth general assembly, first regular session, section 8 116.334 as enacted by senate bill no. 22, one hundred third general assembly, first regular 9 session, and section 116.334 as enacted by house bill no. 117, ninety-seventh general
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 3209 2
10 assembly, first regular session, are repealed and four new sections enacted in lieu thereof, to 11 be known as sections 116.155, 116.160, 116.190, and 116.334, to read as follows: [116.155. 1. The general assembly may include the official summary 2 statement and a fiscal note summary in any statewide ballot measure that it 3 refers to the voters. 4 2. The official summary statement approved by the general assembly 5 shall, taken together with the approved fiscal note summary, be the official 6 ballot title and such summary statement shall contain no more than one 7 hundred words, excluding articles. The title shall be a true and impartial 8 statement of the purposes of the proposed measure in language neither 9 intentionally argumentative nor likely to create prejudice either for or against 10 the proposed measure. 11 3. The fiscal note summary approved by the general assembly shall 12 contain no more than fifty words, excluding articles, which shall summarize 13 the fiscal note prepared for the measure in language neither argumentative nor 14 likely to create prejudice for or against the proposed measure.] 116.155. 1. The general assembly may include the official summary statement and a 2 fiscal note summary in any statewide ballot measure that it refers to the voters. 3 2. The official summary statement approved by the general assembly shall, taken 4 together with the approved fiscal note summary, be the official ballot title and such summary 5 statement shall contain no more than [fifty] one hundred words, excluding articles. The title 6 shall be a true and impartial statement of the purposes of the proposed measure in language 7 neither intentionally argumentative nor likely to create prejudice either for or against the 8 proposed measure. 9 3. The fiscal note summary approved by the general assembly shall contain no more 10 than fifty words, excluding articles, which shall summarize the fiscal note prepared for the 11 measure in language neither argumentative nor likely to create prejudice for or against the 12 proposed measure. [116.160. 1. If the general assembly adopts a joint resolution 2 proposing a constitutional amendment or a bill without a fiscal note summary, 3 which is to be referred to a vote of the people, after receipt of such resolution 4 or bill the secretary of state shall promptly forward the resolution or bill to the 5 state auditor. If the general assembly adopts a joint resolution proposing a 6 constitutional amendment or a bill without an official summary statement, 7 which is to be referred to a vote of the people, within twenty days after receipt 8 of the resolution or bill, the secretary of state shall prepare and transmit to the 9 attorney general a summary statement of the measure as the proposed 10 summary statement. The secretary of state may seek the advice of the 11 legislator who introduced the constitutional amendment or bill and the speaker 12 of the house or the president pro tem of the legislative chamber that originated 13 the measure. The summary statement may be distinct from the legislative title HB 3209 3
14 of the proposed constitutional amendment or bill. The attorney general shall 15 within ten days approve the legal content and form of the proposed statement. 16 2. If the general assembly adopts a joint resolution proposing a 17 constitutional amendment or statutory measure that includes an official 18 summary statement, the statement shall appear on the ballot, unless it is 19 challenged pursuant to section 116.190, in which case the provisions of that 20 section shall apply. 21 3. The official summary statement shall contain no more than one 22 hundred words, excluding articles. The title shall be a true and impartial 23 statement of the purposes of the proposed measure in language neither 24 intentionally argumentative nor likely to create prejudice either for or against 25 the proposed measure.] 116.160. 1. If the general assembly adopts a joint resolution proposing a 2 constitutional amendment or a bill without a fiscal note summary, which is to be referred to a 3 vote of the people, after receipt of such resolution or bill the secretary of state shall promptly 4 forward the resolution or bill to the state auditor. If the general assembly adopts a joint 5 resolution proposing a constitutional amendment or a bill without an official summary 6 statement, which is to be referred to a vote of the people, within twenty days after receipt of 7 the resolution or bill, the secretary of state shall prepare and transmit to the attorney general a 8 summary statement of the measure as the proposed summary statement. The secretary of 9 state may seek the advice of the legislator who introduced the constitutional amendment or 10 bill and the speaker of the house or the president pro tem of the legislative chamber that 11 originated the measure. The summary statement may be distinct from the legislative title of 12 the proposed constitutional amendment or bill. The attorney general shall within ten days 13 approve the legal content and form of the proposed statement. 14 2. If the general assembly adopts a joint resolution proposing a constitutional 15 amendment or statutory measure that includes an official summary statement, the 16 statement shall appear on the ballot, unless it is challenged pursuant to section 116.190, 17 in which case the provisions of that section shall apply. 18 3. The official summary statement shall contain no more than [fifty] one hundred 19 words, excluding articles. The title shall be a true and impartial statement of the purposes of 20 the proposed measure in language neither intentionally argumentative nor likely to create 21 prejudice either for or against the proposed measure. [116.190. 1. Any citizen who wishes to challenge the official ballot 2 title or the fiscal note prepared for a proposed constitutional amendment 3 submitted by the general assembly, by initiative petition, or by constitutional 4 convention, or for a statutory initiative or referendum measure, may bring an 5 action in the circuit court of Cole County. The action shall be brought within 6 ten days after the official ballot title is certified by the secretary of state in 7 accordance with the provisions of this chapter, in the case of an initiative HB 3209 4
8 petition and not later than the twenty-second Tuesday prior to the general 9 election at which the ballot measure will be submitted to the voters, in the case 10 of all other statewide ballot measures. 11 2. The secretary of state shall be named as a party defendant in any 12 action challenging the official ballot title prepared by the secretary of state. 13 When the action challenges the fiscal note or the fiscal note summary prepared 14 by the auditor, the state auditor shall also be named as a party defendant. The 15 president pro tem of the senate, the speaker of the house and the sponsor of the 16 measure and the secretary of state shall be the named party defendants in any 17 action challenging the official summary statement, fiscal note or fiscal note 18 summary prepared pursuant to section 116.155. 19 3. The petition shall state the reason or reasons why the summary 20 statement portion of the official ballot title is insufficient or unfair. 21 Alternatively, the petition shall state the reasons why the fiscal note or the 22 fiscal note summary portion of the official ballot title is insufficient or unfair 23 and shall request a different fiscal note or fiscal note summary portion of the 24 official ballot title. 25 4. (1) The action shall be placed at the top of the civil docket. 26 (2) (a) Insofar as the action challenges the summary statement portion 27 of the official ballot title, the court shall consider the petition, hear arguments, 28 and in its decision certify the summary statement portion of the official ballot 29 title to the secretary of state as originally written if the court finds the summary 30 statement to be sufficient and fair. If the court finds the summary statement to 31 be insufficient or unfair, the court may offer suggested revisions for the 32 summary statement to remedy the legal flaws, but it shall, in its decision, order 33 the secretary of state to write a first revised summary statement that is 34 sufficient and fair. 35 (b) The secretary of state shall submit a first revised summary 36 statement to the court within seven days. If, after submission to the court of a 37 first revised summary statement by the secretary of state, the court finds the 38 first revised summary statement to be sufficient and fair, the court shall certify 39 to the secretary of state that statement and order it to appear on the ballot. If 40 the court finds the first revised summary statement to be insufficient or unfair, 41 the court may offer suggested revisions for the statement to remedy the legal 42 flaws, but it shall, in its decision, order the secretary of state to write a second 43 revised summary statement that is sufficient and fair. 44 (c) The secretary of state shall submit a second revised summary 45 statement to the court within five days. If, after submission to the court of a 46 second revised summary statement by the secretary of state, the court finds the 47 second revised summary statement to be sufficient and fair, the court shall 48 certify to the secretary of state that statement and order it to appear on the 49 ballot. If the court finds the second revised summary statement to be 50 insufficient or unfair, the court may offer suggested revisions for the statement 51 to remedy the legal flaws, but it shall, in its decision, order the secretary of 52 state to write a third revised summary statement that is sufficient and fair. 53 (d) The secretary of state shall submit a third revised summary 54 statement to the court within three days. If, after submission to the court of a 55 third revised summary statement by the secretary of state, the court finds the HB 3209 5
56 third revised summary statement to be sufficient and fair, the court shall certify 57 to the secretary of state that statement and order it to appear on the ballot. If 58 the court finds the third revised summary statement to be insufficient or unfair, 59 or if the secretary of state neglects or refuses to submit any of the revised 60 summary statements within the times mandated by this subdivision when so 61 ordered, the court shall revise the summary statement in a manner that is 62 sufficient and fair and order the secretary of state to place that summary 63 statement on the ballot with the measure. 64 (e) During all revisions as provided in this subdivision, the case shall 65 remain open. 66 (f) Any nonprevailing party may make appeals as provided by law 67 only following: 68 a. The finding of the circuit court that a summary statement was 69 sufficient and fair; or 70 b. The circuit court ordering its own summary statement to be placed 71 on the ballot pursuant to paragraph (d) of this subdivision. 72 (g) Any action brought pursuant to this section challenging a statewide 73 ballot measure appearing on the ballot at an election called by the governor 74 pursuant to Article XII, Section 2(b), Missouri Constitution, whether at the 75 primary election or at a special election, or at a special election for a 76 referendum petition measure called by the general assembly pursuant to 77 Article III, Section 52(b), Missouri Constitution, shall be expedited by the 78 court to bring a resolution of the matter prior to the printing of ballots. The 79 court may shorten any timeframe under this section to achieve this purpose. 80 (3) Insofar as the action challenges the fiscal note or the fiscal note 81 summary portion of the official ballot title, the court shall consider the 82 petition, hear arguments, and in its decision, either certify the fiscal note or the 83 fiscal note summary portion of the official ballot title to the secretary of state 84 or remand the fiscal note or the fiscal note summary to the auditor for 85 preparation of a new fiscal note or fiscal note summary pursuant to the 86 procedures set forth in section 116.175. Any party to the suit may appeal to 87 the supreme court within ten days after a circuit court decision pursuant to this 88 subdivision. 89 5. Any action brought under this section that is not fully and finally 90 adjudicated within one hundred eighty days of filing, and more than seventy 91 days prior to election in which the measure is to appear, including all appeals, 92 shall be extinguished, unless a court extends such period upon a finding of 93 good cause for such extension. Such good cause shall consist only of court- 94 related scheduling issues and shall not include requests for continuance by the 95 parties.] 116.190. 1. Any citizen who wishes to challenge the official ballot title or the fiscal 2 note prepared for a proposed constitutional amendment submitted by the general assembly, by 3 initiative petition, or by constitutional convention, or for a statutory initiative or referendum 4 measure, may bring an action in the circuit court of Cole County. The action [must] shall be 5 brought within ten days after the official ballot title is certified by the secretary of state in 6 accordance with the provisions of this chapter in the case of an initiative petition, and not HB 3209 6
7 later than the twenty-second Tuesday prior to the general election at which the ballot 8 measure will be submitted to the voters, in the case of all other statewide ballot 9 measures. 10 2. The secretary of state shall be named as a party defendant in any action challenging 11 the official ballot title prepared by the secretary of state. When the action challenges the 12 fiscal note or the fiscal note summary prepared by the auditor, the state auditor shall also be 13 named as a party defendant. The president pro tem of the senate, the speaker of the house and 14 the sponsor of the measure and the secretary of state shall be the named party defendants in 15 any action challenging the official summary statement, fiscal note or fiscal note summary 16 prepared pursuant to section 116.155. 17 3. The petition shall state the reason or reasons why the summary statement portion of 18 the official ballot title is insufficient or unfair [and shall request a different summary 19 statement portion of the official ballot title]. Alternatively, the petition shall state the reasons 20 why the fiscal note or the fiscal note summary portion of the official ballot title is insufficient 21 or unfair and shall request a different fiscal note or fiscal note summary portion of the official 22 ballot title. 23 4. (1) The action shall be placed at the top of the civil docket. 24 (2) (a) Insofar as the action challenges the summary statement portion of the official 25 ballot title, the court shall consider the petition, hear arguments, and in its decision certify the 26 summary statement portion of the official ballot title to the secretary of state as originally 27 written if the court finds the summary statement to be sufficient and fair. If the court 28 finds the summary statement to be insufficient or unfair, the court may offer suggested 29 revisions for the summary statement to remedy the legal flaws, but it shall, in its 30 decision, order the secretary of state to write a first revised summary statement that is 31 sufficient and fair. 32 (b) The secretary of state shall submit a first revised summary