Missouri has statutory and constitutional initiatives, veto referendums, and legislatively referred amendments. The timing of an election on a ballot measure may depend on the form of ballot measure. While any statewide ballot measure may be submitted at a general election, the Governor may order a special election on a proposed constitutional amendment (whether voter-initiated or legislatively referred), and the legislature may order a special election on a veto referendum. Missouri law requires similar ballot content for all statewide ballot measures, but the entity responsible for drafting the ballot language may vary based on whether the measure is initiated by voters or the legislature. For proposed initiatives and veto referendums that have been certified as having a valid number of signatures, the Joint Committee on Legislative Research must hold a hearing to take public comments. For any statewide ballot measure, any dissatisfied Missouri citizen may bring an action in the Cole County Circuit Court to challenge the official ballot title or the fiscal note.
BACKGROUND INFORMATION
What forms of direct democracy are available, and when?
Statewide Ballot Measures in Missouri
Missouri has statutory and constitutional initiatives, veto referendums, and legislatively referred amendments.
√ Initiatives – Statutory
√ Initiatives – Constitutional
The people of Missouri have reserved the initiative power to propose and enact laws and amendments to the state constitution independently of the legislature. Mo. Const. art. III, § 49; see also id. art. XII, § 2(b). The power cannot be used for the appropriation of money, except for any new revenues created by the initiative. Id. art. III, § 51.
√ Veto Referendums
Missourians also have the referendum power to approve or reject any act of the General Assembly, except for emergency laws. See Mo. Const. art. III, §§ 49, 52(a).
√ Legislatively Referred Amendments
An amendment to the state constitution proposed by the state legislature must be approved by Missouri voters. Mo. Const. art. XII, § 2(b).
Election Timing
The timing of an election may depend on the type of ballot measure at issue. While any statewide ballot measure may be submitted at a general election, the Governor may order a special election on a proposed constitutional amendment (whether voter-initiated or referred by the legislature), and the legislature may order a special election on a veto referendum.
- A statutory initiative must be submitted to voters at a general election. See Rev. Stat. § 116.334(3).
- A constitutional initiative must be submitted “at the next general election, or at a special election called by the governor prior thereto.” Const. art. XII, § 2(b).
- A veto referendum may be submitted at a general election or a special election if ordered by the General Assembly. art. III, § 52(b).
- A legislatively referred amendment must first be approved by a majority of the members elected to each house; it is then submitted “at the next general election, or at a special election called by the governor prior thereto.” art. XII, §§ 2(a)–(b).
BALLOT PREPARATION
What is included on the ballot, and who prepares it?
The ballot for any statewide ballot measure in Missouri must display the following information, which is collectively referred to as the “official ballot title.” See Mo. Rev. Stat. § 116.010(4). While Missouri law contains similar ballot content requirements for all statewide ballot measures, the entity responsible for drafting the language can vary depending on whether the measure is initiated by voters or referred by the legislature.
- A ballot summary statement, which cannot be intentionally argumentative or likely to create prejudice for or against the measure. See Mo. Rev. Stat. §§ 116.334(1), 116.155(2).
- For an initiative or veto referendum, the statement is prepared by the Secretary of State, with approval by the Attorney General as to legal content. § 116.334(1).Prior to releasing the statement, the Secretary of State must accept public comments on the proposed measure for a period of 15 days. Id. The summary statement must be drafted in the form of a question and must not exceed 100 words. Id.
- For a legislatively referred amendment, the statement may be prepared by the General Assembly in its underlying resolution. § 116.155(1). A statement prepared by the General Assembly must be limited to 50 words (excluding articles) and must be a true and impartial statement of the purpose of the measure. Id. sub. (2).
- If the General Assembly does not include an official summary statement, it is prepared by the Secretary of State. See § 116.160(1). The Secretary of State may seek advice from the sponsoring legislator or other designated legislators. Id.
- A fiscal note summary stating the measure’s estimated cost or savings, if any, to state or local government entities, in language that is neither intentionally argumentative nor likely to create prejudice for or against the measure (50 words or less, excluding articles). See id. §§ 116.155(2), 116.175(3).
- For an initiative or veto referendum, this summary is prepared by the State Auditor and approved by the Attorney General. § 116.175(4), (5).
- For a legislatively referred amendment, this summary may be prepared by the General Assembly in its underlying resolution; otherwise, it is prepared by the State Auditor. See §§ 116.155, 116.160, 116.170.
INFORMATION TO VOTERS
What information is provided to voters before the election, and how?
Publication
The full text of each statewide ballot measure must be published once a week for two consecutive weeks in two newspapers in each county. Mo. Rev. Stat. § 116.260; see also Mo. Const. art. XII, § 2(b). The final publication must take place between 15–30 days before the election. Id. The Secretary of State must designate the publications; if possible, the two newspapers in each county must be of different political faiths. Id. Two copies of the published notice must also be posted in each polling place. Mo. Rev. Stat. § 116.290(3).
- In addition, for initiatives and veto referendums, after a petition is found to contain a valid number of signatures, the Joint Committee on Legislative Research must hold a hearing to take public comments on the measure. Mo. Rev. Stat. 116.153; see also id. ch. 610. A summary of the hearing must be made available to the public on the Secretary of State’s website. Id. § 116.153.
Voter Information Pamphlet
Missouri law does not explicitly call for preparation of a voter information pamphlet for statewide ballot measures, but nevertheless requires development of the following informational materials.
- Fair ballot statements, which must be true and impartial statements of the effect of a vote for and against the measure, in language neither intentionally argumentative nor likely to create prejudice for or against the measure. Mo. Rev. Stat. 116.025.
- Full fiscal impact note, which states the measure’s estimated cost or savings, if any, to state or local government entities. § 116.175(3).
Missouri law does not require that these materials be distributed directly to voters.
JUDICIAL REVIEW
When and how can the court step in?
For any statewide ballot measure, any dissatisfied Missouri citizen may bring an action in the Cole County Circuit Court to challenge the official ballot title or the fiscal note. Mo. Rev. Stat. § 116.190(1). The petition for relief must state the reasons why the summary statement, the fiscal note, and/or the fiscal note summary is insufficient or unfair, and it must request alternative language. Id. sub. (3). The action must be brought within ten days after the Secretary of State certifies the official ballot title. Id. sub (1).
Sample case: Pippens v. Ashcroft, 606 S.W.3d 689 (Mo. Ct. App. 2020) (in a pre-election challenge, holding a summary statement drafted by the General Assembly was insufficient and unfair, and certifying an alternative summary statement for inclusion on the official ballot; noting the summary statement must inform voters of the central features of the corresponding measure).