SJR 49 - This constitutional amendment, if approved by the voters, modifies the process for ballot measures that are submitted to the voters.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 AND ELECTORS (SECTION 50)
Current law limits signing of initiative petitions to legal voters. This amendment further stipulates that, for purposes of signing petitions and voting on ballot measures, legal voters and electors 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.
RESTRICTIONS ON USE OF INITIATIVE FOR CERTAIN TOPICS (SECTION 51.1 AND 51.4)
The amendment prohibits initiative petitions on the following topics:
· Permitting public officials to receive gifts from lobbyists;
· Raising sales taxes on food;
· Raising, expanding, or imposing any taxes or fees on real estate, real estate transactions, or real or personal property;
· Reducing the appropriation of money dedicated to any law enforcement agency, the Missouri Department of the National Guard, or first responders; and
· Reducing state revenues for public education.
Additionally, the General Assembly is given exclusive authority to enact laws enforcing provisions in the Constitution relating to ballot measures.
PROHIBITING FOREIGN ACTIVITY IN INITIATIVE PETITIONS (SECTION 54.2)
The amendment creates new restrictions relating to foreign government activity with respect to initiative petitions. Specifically, 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 contributions in connection with an initiative petition or contributions in support or opposition to an initiative petition;
· 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.
VOTER APPROVAL THRESHOLD (SECTION 51.3)
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 majority of the votes cast statewide as well as a majority of the votes cast in at least a majority of the congressional districts.
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 such measure unless approved by at least four-sevenths of the members serving in each house, less any vacancies. 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.
If any initiative petition proposing a constitutional amendment that is approved by the people is found by a court of competent jurisdiction to be unconstitutional or otherwise invalid, in whole or in part, the remaining provisions of the measure shall also be invalid.
This constitutional amendment is identical to SJR 79 (2024) and similar to SJR 51 (2024), SJR 77 (2024), SJR 81 (2024), and CCS/SS#3/HCS/HJR 43 (2023).
SCOTT SVAGERA