HJR 43
Modifies the initiative petition process for proposing constitutional amendments
Sponsor:
LR Number:
1722H.30S
Last Action:
5/12/2023 - In Conference
Journal Page:
Title:
CCS SS#3 HCS HJR 43
Effective Date:
Upon voter approval
House Handler:

Current Bill Summary

CCS/SS#3/HCS/HJR 43 - This constitutional amendment, if approved by the voters, modifies the process for ballot measures that are submitted to the voters.

CONSTITUTIONAL AMENDMENTS PROPOSED BY THE GENERAL ASSEMBLY

(Section 27(a))

The amendment requires constitutional amendments proposed by the General Assembly to be approved by 57% of the members serving in each chamber.

REVIEW AND COMMENT PERIOD FOR INITIATED CONSTITUTIONAL AMENDMENTS

(Section 50)

The amendment gives legal voters in each congressional district the opportunity to review and comment upon all initiative petitions proposing constitutional amendments not less than 15 days prior to the election. The process will be administered by the Secretary of State in a public forum.

LEGAL VOTERS

(Section 50)

Current law limits signing of initiative petitions to legal voters. This amendment further stipulates that legal voters only include those who are citizens of the United States of America, who are 18 years of age or older, and who are residents of and registered to vote in the State of Missouri.

VOTER APPROVAL THRESHOLD

(Section 51.2)

Current law provides that any initiative petition proposing a constitutional amendment shall take effect when approved by a simple majority of the votes cast on the measure. This amendment requires such petitions to receive a 57% majority of the votes cast statewide.

ENACTMENT OF LAWS RELATING TO INITIATIVE PETITIONS

(Section 51.4 and .5)

The amendment requires the General Assembly to ensure that legal voters who are disabled can review, comment on, sign, or decline to sign ballot measures.

TREATMENT OF ADOPTED INITIATED MEASURES

(Section 54)

Until three years following the effective date of any statutory measure approved through the initiative petition process, the General Assembly shall not pass any law amending or repealing the substantive law of such measure unless approved by at least 57% of the members serving in each house. In the event that a court of competent jurisdiction issues a final judgment that declares a law approved by the people through the initiative petition process is unconstitutional or otherwise invalid, in whole or in part, or that otherwise renders the measure inoperable and of no force and effect of law, in whole or in part, the General Assembly may amend or repeal such measure in a manner that is otherwise consistent with the constitution.

In the case of a law amending or repealing a measure approved by the people through the initiative petition process in which the General Assembly orders a referendum, such law may be approved by the General Assembly with a simple majority.

Certain provisions of this amendment are similar to provisions in SJR 2 (2023), SJR 10 (2023), SJR 17 (2023), SJR 28 (2023), SJR 33 (2023), HJR 6 (2023), HJR 18 (2023), HJR 22 (2023), HJR 24 (2023), HJR 25 (2023), HJR 29 (2023), HCS/HJR 30 (2023), and HJR 40 (2023).

SCOTT SVAGERA