HCS HB 780 -- INITIATIVE PETITIONS (Van Zandt)

This substitute makes changes to the initiative and referendum
petition process.  The substitute:

(1)  Makes it a class D felony, not class A misdemeanor, to
knowingly sign initiative or referendum petitions with a false
name, more than once, or without registering to vote.  A class D
felony is punishable by up to 5 years in prison and a $5,000
fine;

(2)  Has the notary include his or her address on initiative and
referendum petitions;

(3)  Requires a petition circulator to designate in the upper
right-hand corner on each petition page the county where
signatures are collected.  Any signatures from voters registered
outside the designated county are invalid;

(4)  Dictates that petition circulators must register with the
Secretary of State;

(5)  Makes falsely swearing to a circulator's affidavit or
paying someone to sign any petition class D felonies;

(6)  Requires one submission of all initiative or referendum
petition pages to the Secretary of State;

(7)  Makes it a class D felony to file a false withdrawal
statement with the Secretary of State claiming a voter wants to
withdraw his or her signature from a petition;

(8)  Invalidates any signatures collected by circulators who
have not registered, or on petition pages that do not list the
official ballot title;

(9)  States that the Secretary of State will decide the process
for conducting a random sample to verify petition signatures;

(10)  Changes the deadline for the Secretary of State to forward
copies of all petition pages to local election authorities for
verification as follows:

(a)  Within 2 weeks when one or two petitions are filed;

(b)  Within 3 weeks when three petitions are filed; and

(c)  Within 4 weeks when four or more petitions are filed;

(11)  Invalidates signatures struck through or crossed out;

(12)  Requires election authorities to complete their
verification of each signature by the last Tuesday in July;

(13)  Requires the Secretary of State to certify a petition by
the 13th Tuesday before the general election;

(14)  Allows the proposition letter to remain on a measure, once
labeled, even if the measure does not appear on the ballot at
the next general election;

(15)  Allows voters in municipalities and school districts to
use the initiative process to bring to a vote whether to lower
their property tax and sales tax rates; and

(16)  Gives authority to the General Assembly to include the
official summary statement and fiscal note summary in any
statewide ballot measure that it refers to the voters.

FISCAL NOTE:  No impact on state funds.

HCS HB 780 -- INITIATIVE PETITIONS

SPONSOR:  Days (Van Zandt)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Elections
by a vote of 17 to 1.

This substitute makes changes to the initiative and referendum
petition process.  The substitute:

(1)  Makes it a class D felony, not class A misdemeanor, to
knowingly sign initiative or referendum petitions with a false
name, more than once, or without registering to vote.  A class D
felony is punishable by up to 5 years in prison and a $5,000
fine;

(2)  Has the notary include his or her address on initiative and
referendum petitions;

(3)  Requires a petition circulator to designate in the upper
right-hand corner on each petition page the county where
signatures are collected.  Any signatures from voters registered
outside the designated county are invalid;

(4)  Dictates that petition circulators must register with the
Secretary of State;

(5)  Makes falsely swearing to a circulator's affidavit or
paying someone to sign any petition class D felonies;

(6)  Requires one submission of all initiative or referendum
petition pages to the Secretary of State;

(7)  Makes it a class D felony to file a false withdrawal
statement with the Secretary of State claiming a voter wants to
withdraw his or her signature from a petition;

(8)  Invalidates any signatures collected by circulators who
have not registered, or on petition pages that do not list the
official ballot title;

(9)  States that the Secretary of State will decide the process
for conducting a random sample to verify petition signatures;

(10)  Changes the deadline for the Secretary of State to forward
petitions to local election authorities for verification as
follows:

(a)  Within 2 weeks when one petition is filed;

(b)  Within 3 weeks when two petitions are filed; and

(c)  Within 4 weeks when three or more petitions are filed;

(11)  Invalidates signatures struck through or crossed out;

(12)  Requires election authorities to complete their
verification of each signature by the last Tuesday in July;

(13)  Gives the Secretary of State the discretion to disqualify
petition signatures that he or she believes are collected
unlawfully by circulators or notaries;

(14)  Requires the Secretary of State to certify a petition by
the 13th Tuesday before the general election; and

(15)  Allows the proposition letter to remain on a measure, once
labeled, even if the measure does not appear on the ballot at
the next general election.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters of the original bill say that this bill
implements the provisions of Amendment 1 passed by voters in
1998.  Amendment 1 moves the deadline to submit an initiative
petition from July to May.  This allows more time to verify
initiative petitions and complete the litigation cycle before
election day.  The bill also curbs petition circulator fraud by
making it easier to track down fraud and by imposing stiffer
penalties for fraud.

Testifying for the bill were Representative Van Zandt; Secretary
of State's Office; and Missouri Association of County Clerks and
Election Authorities.

OPPONENTS:  Those who oppose the original bill say that changes
in this bill, like circulator registration, will make it more
difficult for volunteers to go out and collect petition
signatures.  By going after the few fraudulent circulators, the
bill hurts honest people and grassroots organizations.

Testifying against the bill was Conservation Federation of
Missouri.

Marty Romitti, Legislative Analyst

HB 780 -- Initiative and Referendum Petitions

Co-Sponsors:  Van Zandt, Long, Days, Bray, McClelland

This bill makes changes to the initiative and referendum
petition process.  The bill:

(1)  Makes it a class D felony, not class A misdemeanor, to sign
initiative or referendum petitions with a false name, more than
once, or without registering to vote.  A class D felony is
punishable by up to 5 years in prison and a $5,000 fine;

(2)  Has the notary include his or her address on initiative and
referendum petitions;

(3)  Requires a petition circulator to designate in the upper
right-hand corner on each petition page the county where
signatures are collected.  Any signatures from voters registered
outside the designated county are invalid;

(4)  Dictates that petition circulators must register with the
Secretary of State;

(5)  Makes falsely swearing to a circulator's affidavit or
paying someone to sign any petition class D felonies;

(6)  Requires one submission of all initiative or referendum
petition pages to the Secretary of State;

(7)  Makes it a class D felony to file a false withdrawal
statement with the Secretary of State claiming a voter wants to
withdraw his or her signature from a petition;

(8)  Invalidates any signatures collected by circulators who
have not registered, or on petition pages that do not list the
official ballot title;

(9)  States that the Secretary of State will decide the process
for conducting a random sample to verify petition signatures;

(10)  Changes the time the Secretary of State has to send copies
of petition pages to election authorities for verification.  The
Secretary of State must send the pages within 4 weeks, not 2
weeks, after the submission of the petition when election
authorities will verify each signature.  The Secretary of State
has 5 weeks, not 3 weeks, to send the pages when election
authorities will use random sampling;

(11)  Invalidates signatures struck through or crossed out;

(12)  Requires election authorities to complete their
verification of each signature by the last Tuesday in July;

(13)  Gives the Secretary of State the discretion not to count
petition signatures that he or she believes are collected
unlawfully by circulators;

(14)  Increases the length of a joint resolution's official
summary statement from 50 words to 100 words; and

(15)  Allows the proposition letter to remain on a measure, once
labeled, even if the measure does not appear on the ballot at
the next general election.