SJR 73 - This constitutional amendment modifies the procedures for submitting and voting on initiative petitions proposing constitutional amendments. IDENTIFICATION OF SPONSORING AND SUPPORTING CAMPAIGN COMMITTEES
(SECTION 50.2)
The amendment requires the person or entity filing an initiative petition proposing a constitutional amendment to indicate on the sample sheet whether any specific campaign committee is responsible for the measure. Furthermore, any other campaign committee that supports the measure shall also notify the Secretary of State.
VOTER APPROVAL THRESHOLD
(SECTION 51.2)
The voter approval threshold is amended for initiative petitions proposing constitutional amendments based on the total percentage of campaign contributions received in support of the measure by sponsoring campaign committees and supporting campaign committees from in-state contributors and out-of-state contributors. As such, any initiative petition proposing a constitutional amendment shall only take effect as follows:
· If the sponsoring campaign committee or any supporting campaign committee accepts contributions during the election cycle from only in-state contributors, the measure shall take effect when approved by a majority of the votes cast thereon;
· If the sponsoring campaign committee or any supporting campaign committee accepts contributions during the election cycle from an out-of-state contributor, the measure shall take effect when approved by a majority plus an additional one percent for every whole increment of two percent of the total percentage of contributions that are received, in the aggregate, from an out-of-state contributor by the sponsoring campaign committee or any supporting campaign committee during the election cycle.
REPORTING REQUIREMENTS
(SECTION 51(A).1)
A sponsoring or supporting campaign committees shall make the following reports:
· Not later than the 8th day prior to the election at which the measure is to appear on the ballot for the period closing on the twelfth day before the election the committee shall report the total amount of all contributions received during the election cycle, identified by name and address of each contributor; and
· Not later than 72 hours prior to the election at which the measure is to appear on the ballot, the committee shall report the total percentage of contributions received from out-of-state contributors and in-state contributors, respectively.
CALCULATION OF VOTER APPROVAL THRESHOLD
(SECTION 51(A).2-3)
Not later than 24 hours before the election, the Secretary of State is required to calculate the voter approval threshold for each initiative petition proposing a constitutional amendment. For every whole increment of two percent of the total percentage of contributions that are received, in the aggregate, from an out-of-state contributor by the sponsoring campaign committee or any supporting campaign committee of an initiative petition proposing a constitutional amendment during the election cycle, the secretary of state shall add one percentage point to the simple majority threshold needed for approval.
COMPLAINT PROCESS
(SECTION 51(A).4)
Any natural person may file a complaint with the Missouri ethics commission as provided in this section within thirty days of the date of the election. Any such complaint shall be in writing, shall state all facts known by the complainant which have given rise to the complaint, and shall be sworn to, under penalty of perjury, by the complainant. Complaints are limited to challenging the accuracy of:
· Any campaign contribution disclosure report made pursuant this amendment; or
· The calculation of the voter approval threshold pursuant to this amendment.
All complaints shall be referred to the State Auditor who shall compile a report for referral to the Attorney General if evidence is discovered that either funds were misreported or the voter approval threshold was miscalculated. Upon receipt of such report, the Attorney General shall petition the Missouri Supreme Court for a hearing. Upon receipt of the petition, the Court shall either dismiss the petition or issue an order of relief, as described in the amendment.
UNLAWFUL ACTIONS
(SECTION 51(A).5-6)
No person shall transfer anything of value to any sponsoring or supporting committee with the intent to conceal, from the Missouri Ethics Commission or the Secretary of State, the identity of the actual source. Any violation of this provision is punishable as a class E felony for first offenses, with increased penalties for subsequent offenses.
It shall be unlawful for:
· A government of a foreign country or a foreign political party to sponsor an initiative petition;
· A government of a foreign country or a foreign political party to directly or indirectly make:
a) A contribution or donation of money or other thing of value, or make an express or implied promise to make a contribution or donation, in connection with an initiative petition;
b) A contribution or donation to a political committee or a political party favoring or opposing an initiative petition; or
c) An expenditure, independent expenditure, or disbursement for an electioneering communication, whether print, broadcast, or digital media, or otherwise, related to an initiative petition; or
· A person to solicit, accept, or receive a contribution or donation from a government of a foreign country or a foreign political party, in connection with an initiative petition.
SCOTT SVAGERA