Missouri, USA, regional Popular or citizens initiative [PCI] - Initiative

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Missouri, USA
Political level
regional
Local Name:
Initiative
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Missouri Constitution, Article III
Section 49
The people reserve power to propose and enact or reject laws and amendments to the constitution by the initiative, independent of the general assembly, and also reserve power to approve or reject by referendum any act of the general assembly, except as hereinafter provided.

Section 50
Initiative petitions proposing amendments to the constitution shall be signed by eight percent of the legal voters in each of two-thirds of the congressional districts in the state, and petitions proposing laws shall be signed by five percent of such voters. Every such petition shall be filed with the secretary of state not less than six months before the election and shall contain an enacting clause and the full text of the measure. [...]

Source: Constitution of the State of Missouri (accessed 10 Juli 2017)

Subject Matter:

Enacting laws via initiative

Actors

Author:
Citizen
Initiator:
Electorate : Petition requies 5% of the total number of votes in the last gubernatorial election in each of 2/3 of the congressional districts (Missouri Constitution, Article III, Section 50 & 53).
Decision maker:
Electorate

Requirements

Number Of Signatures:
5% of the total number of voters in the last gubernatorial election
Available Time:
Signatures may be collected once the ballot title is certified (Missouri Revised Statutes, 116.334). Petition must be filed at least 6 months before the election (Missouri Constitution, Article III, Section 50).
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
Legal source does not mention approval quorum
Geographical Quorum:
No geographical quorum to pass. The petition requires 5% of the total number of voters in the last gubernatorial election "in each of two-thirds of the congressional districts in the state" (Missouri Constitution, Article III, Section 50 & 53).
Excluded Issues:

Initiatives may not be used to appropriate funds unless it also provides for new revenues for that purpose (Missouri Constitution, Article III, Section 51).

Other Formal Requirements:

Initiatives may only contain one subject (Missouri Constitution, Article III, Section 50).

Procedural Elements

Collection Mode:
restricted
Specify Collection Mode:

Petitions may be signed by any registered voter in Missouri (Missouri Revised Statutes, Title IX, Chapter 116, 116.060). The circulators must be at least 18 years old and registered with the secretary of state (Missouri Revised Statutes, Title IX, Chapter 116, 116,080).

--

Missouri Revised Statutes, Title IX, Chapter 116, 116.050
1. Initiative and referendum petitions filed under the provisions of this chapter shall consist of pages of a uniform size. Each page, excluding the text of the measure, shall be no larger than eight and one-half by fourteen inches. Each page of an initiative petition shall be attached to or shall contain a full and correct text of the proposed measure. Each page of a referendum petition shall be attached to or shall contain a full and correct text of the measure on which the referendum is sought.
[...]

Source: Missouri Revised Statutes (accessed 10 Juli 2017)

Wording Of Ballot Question:

Missouri Revised Statutes, Title IX, Chapter 116

116.010
[...]
(4) "Official ballot title" means the summary statement and fiscal note summary prepared for all statewide ballot measures in accordance with the provisions of this chapter which shall be placed on the ballot and, when applicable, shall be the petition title for initiative or referendum petitions;
[...]

116.025
The secretary of state within twenty days of receiving a statewide ballot measure shall prepare and transmit to the attorney general fair ballot language statements that fairly and accurately explain what a vote for and what a vote against the measure represent. Each statement shall be posted in each polling place next to the sample ballot. [...]

116.332
[...] 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. [...]

116.334
1. If the petition form is approved, the secretary of state shall within ten days prepare and transmit to the attorney general a summary statement of the measure which shall be a concise statement not exceeding one hundred words. This statement shall be in the form of a question using language neither intentionally argumentative nor likely to create prejudice either for or against the proposed measure. The attorney general shall within ten days approve the legal content and form of the proposed statement.
[...]

Source: Missouri Revised Statutes (accessed 10 Juli 2017)

Interaction With Authorities:

Missouri Constitution, Article III, Section 52(b)
The veto power of the governor shall not extend to measures referred to the people. [...]

Source: Constitution of the State of Missouri (accessed 10 Juli 2017)

Supervision And Support:

Missouri Revised Statutes, Title IX, Chapter 116

116.120
[...] The secretary of state may verify the signatures on the petition by use of random sampling. [...]
2. If the random sample verification establishes that the number of valid signatures is less than ninety percent of the number of qualified voters needed to find the petition sufficient in a congressional district, the petition shall be deemed to have failed to qualify in that district.[...]
3. If the random sample verification establishes that the number of valid signatures total more than one hundred ten percent of the number of qualified voters needed to find the petition sufficient in a congressional district, the petition shall be deemed to qualify in that district.
4. If the random sampling shows the number of valid signatures within a congressional district is within ninety to one hundred ten percent of the number of signatures of qualified voters needed to declare the petition sufficient in that district, the secretary of state shall order the examination and verification of each signature filed.

116.260
The secretary of state shall designate in what newspaper or newspapers in each county the text of statewide ballot measures shall be published. If possible, each shall be published once a week for two consecutive weeks in two newspapers of different political faiths in each county, the last publication to be not more than thirty or less than fifteen days next preceding the election. If there is but one newspaper in any county, publication for four consecutive weeks shall be made, the first publication to be not less than twenty-eight days next preceding the election. If there are two or more newspapers in a county, none of which is of different political faiths from another, the statewide ballot measures shall be published once a week for two consecutive weeks in any two newspapers in the county with the last publication not more than thirty or less than fifteen days next preceding the election.

116.332
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. [...] 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.
[...]
3. [...] 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.

116.334
1. If the petition form is approved, the secretary of state shall make a copy of the sample petition available on the secretary of state's website. For a period of fifteen days after the petition is approved as to form, the secretary of state shall accept public comments regarding the proposed measure and provide copies of such comments upon request. Within twenty-three days of receipt of such approval, the secretary of state shall prepare and transmit to the attorney general a summary statement of the measure which shall be a concise statement not exceeding one hundred words. [...]

Source: Missouri Revised Statutes (accessed 10 Juli 2017)

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Practice

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