SB 818 – Modifies various provisions relating to the initiative and referendum process

• Sponsor: Lembke
• LR Number: 4633S.02C
• Committee: Financial and Governmental Organizations and Elections
• Last Action: 5/14/2010 - S Informal Calendar S Bills for Perfection--SB 818-Lembke, with SCS, SS for SCS & SA 1 (pending)
• Title: SCS SB 818
• Effective Date: August 28, 2010

Current Bill Summary

SS/SCS/SB 818 - This act modifies various provisions relating to initiative and referendum petitions.

The act creates the misdemeanor crime of intentional misrepresentation of a petition which occurs when the person knowingly and fraudulently gathers signatures for a petition. The act also creates the misdemeanor crime of malicious obstruction of the signing of a petition which occurs when the person maliciously intimidates, obstructs, or attempts to or otherwise prevents a voter from signing a petition.

Changes to the official ballot title resulting from challenges brought later than 10 days after the official ballot title is certified shall not affect the validity of the signatures collected on the petitions. When a party other than the proponent of the measure initiates a challenge to the official ballot title, the proponent shall receive copies of all communications and court documents relating to the challenge and shall be allowed to intervene in the case. The circuit court shall decide challenges to the official ballot title within 55 days from the original certification by the Secretary of State and if appealed, the appeals court shall render a decision within 30 days of the filing of the appeal. Parties may then appeal to the Supreme Court within 10 days of the appeals court decision and the Supreme Court shall render a decision within 30 days. The Secretary of State shall then certify the language certified by the court within 24 hours.

Currently, the Secretary of State shall refer copies of petition sheets to the Attorney General and to the State Auditor for approval. This act requires these copies to be referred within 2 business days of receipt of the petitions by the Secretary of State.

Currently, the Secretary of State shall notify those submitting petition sheets of approval or rejection within 30 days of submission. This act reduces that time to 15 days.

This act is similar to SCS/SB 569 (2009).

CHRIS HOGERTY

SA 1 - CIRCULATORS SHALL DELIVER A COPY OF THE FULL AND CORRECT TEXT OF THE MEASURE TO PETITION SIGNERS