Missouri Revised Statutes
Chapter 116 - Initiative and Referendum
Section 116.332 - Petitions for constitutional amendments, statutory initiative or referendum, requirements, procedure.

Effective - 04 Nov 2014, 2 histories
116.332. Petitions for constitutional amendments, statutory initiative or referendum, requirements, procedure. — 1. Before a constitutional amendment petition, a statutory initiative petition, or a referendum petition may be circulated for signatures, a sample sheet must be submitted to the secretary of state in the form in which it will be circulated. When a person submits a sample sheet of a petition he or she shall designate to the secretary of state the name and address of the person to whom any notices shall be sent pursuant to sections 116.140 and 116.180 and, if a committee or person, except the individual submitting the sample sheet, is funding any portion of the drafting or submitting of the sample sheet, the person submitting the sample sheet shall submit a copy of the filed statement of committee organization required under subsection 5 of section 130.021 showing the date the statement was filed. The secretary of state shall refer a copy of the petition sheet to the attorney general for his approval and to the state auditor for purposes of preparing a fiscal note and fiscal note summary. The secretary of state and attorney general must each review the petition for sufficiency as to form and approve or reject the form of the petition, stating the reasons for rejection, if any.
2. Within two business days of receipt of any such sample sheet, the office of the secretary of state shall conspicuously post on its website the text of the proposed measure, a disclaimer stating that such text may not constitute the full and correct text as required under section 116.050, and the name of the person or organization submitting the sample sheet. The secretary of state's failure to comply with such posting shall be considered a violation of chapter 610 and subject to the penalties provided under subsection 3 of section 610.027. The posting shall be removed within three days of either the withdrawal of the petition under section 116.115 or the rejection for any reason of the petition.
3. Upon receipt of a petition from the office of the secretary of state, the attorney general shall examine the petition as to form. If the petition is rejected as to form, the attorney general shall forward his or her comments to the secretary of state within ten days after receipt of the petition by the attorney general. If the petition is approved as to form, the attorney general shall forward his or her approval as to form to the secretary of state within ten days after receipt of the petition by the attorney general.
4. The secretary of state shall review the comments and statements of the attorney general as to form and make a final decision as to the approval or rejection of the form of the petition. The secretary of state shall send written notice to the person who submitted the petition sheet of the approval within fifteen days after submission of the petition sheet. The secretary of state shall send written notice if the petition has been rejected, together with reasons for rejection, within fifteen days after submission of the petition sheet.
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(L. 1985 H.B. 543 § 1, A.L. 1997 S.B. 132, A.L. 2013 H.B. 117)
Effective 11-04-14
(1991) That part of this section which limits submission to secretary of state of sample petitions to one year prior to the final date for filing signed petitions shortens time authorized by constitution, art. XII, sec. 2(b), during which constitutional amendment petitions may be circulated for signatures and is invalid. State of Mo., ex rel. Upchurch v. Blunt, 810 S.W.2d 515 (Mo. banc).

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title IX - Suffrage and Elections

Chapter 116 - Initiative and Referendum

Section 116.010 - Definitions.

Section 116.020 - Application of laws.

Section 116.025 - Attorney general sent fair ballot language, when — statement posted at polling place.

Section 116.030 - Referendum petition, form — clerical and technical errors to be disregarded, penalties for false signature.

Section 116.040 - Initiative petition for law or constitutional amendment, form — clerical and technical errors to be disregarded, penalties for false signature.

Section 116.050 - Initiative and referendum petitions, requirements.

Section 116.060 - Initiative and referendum petitions, who may sign — residents of one county only on a designated page.

Section 116.070 - Petitioner may sign by mark, procedure.

Section 116.080 - Qualifications of circulator — affidavit, notarization, penalty.

Section 116.090 - Petition signature fraud, penalty.

Section 116.100 - Filing of petition, procedure.

Section 116.110 - Signature may be withdrawn, when, how, effect, penalty.

Section 116.115 - Withdrawal of petition, when — vacation of official ballot title, when.

Section 116.120 - Secretary of state to determine sufficiency of form and compliance — invalid signatures not counted — signatures may be verified by random sampling, procedure and requirements.

Section 116.130 - Election authorities may be requested to verify signatures either by random sampling or checking signatures, when, how.

Section 116.140 - Secretary of state's authority not to count forged or fraudulent signatures.

Section 116.150 - Secretary of state to issue certificate of sufficiency of petition, when — if insufficient, certificate to state reasons.

Section 116.153 - Hearing to take public comments — joint committee on legislative research to provide summary to secretary of state, posting on website.

Section 116.155 - Official summaries and fiscal notes may be included in ballot measures, summary to be official ballot title if included.

Section 116.160 - Summary statement to be provided by the secretary of state if summary not provided by general assembly — content.

Section 116.170 - Fiscal note and fiscal note summary to be provided by state auditor if not provided by general assembly.

Section 116.175 - Fiscal impact of proposed measure — fiscal note, fiscal note summary, requirements — return of fiscal note for revision, when.

Section 116.180 - Copies of ballot title, fiscal note and fiscal note summary to designated persons, when — ballot title to be affixed to petition, when.

Section 116.185 - Identical ballot titles may be changed, how.

Section 116.190 - Ballot title may be challenged, procedure — who are parties defendant — changes may be made by court — appeal to supreme court, when.

Section 116.195 - Costs of court-ordered ballot title change to be paid by the state.

Section 116.200 - Secretary of state's decision as to sufficiency of petition may be reversed, procedure — appeal.

Section 116.210 - Numbering of proposed constitutional amendments.

Section 116.220 - Labeling of initiative and referendum measures.

Section 116.230 - Sample ballots to be prepared, form.

Section 116.240 - Certification to election authorities of notice to be published — contents.

Section 116.250 - Publication of legal notice.

Section 116.260 - Newspapers for publication of text of measures to be designated — measures to be published, how.

Section 116.270 - Publications fund created — payments from fund for what, how made.

Section 116.280 - Paper ballots for statewide measures, form.

Section 116.290 - Printing of copies of statewide measures — to be posted at polling places — distribution, exception.

Section 116.300 - Challengers and watchers at polling places, how designated.

Section 116.310 - Time limited for designating challengers and watchers for polling places and counting locations — effect of failure to designate by prescribed time.

Section 116.320 - Adoption of measure, vote required — effect of approval of conflicting measures.

Section 116.330 - Board of canvassers or governor to issue statement.

Section 116.332 - Petitions for constitutional amendments, statutory initiative or referendum, requirements, procedure.

Section 116.334 - Petition approval required, procedure to obtain petition title or summary statement — rejection or approval of petition, procedure — circulation of petition prior to approval, effect — signatures, deadline for filing.

Section 116.340 - Publication of approved measures.