116.190. Ballot title may be challenged, procedure--who are parties defendant--changes may be made by court--appeal to supreme court, when.

MISSOURI STATUTES AND CODES

116.190. Ballot title may be challenged, procedure--who are parties defendant--changes may be made by court--appeal to supreme court, when.

Ballot title may be challenged, procedure--who are partiesdefendant--changes may be made by court--appeal to supreme court,when.

116.190. 1. Any citizen who wishes to challenge the official ballottitle or the fiscal note prepared for a proposed constitutional amendmentsubmitted by the general assembly, by initiative petition, or byconstitutional convention, or for a statutory initiative or referendummeasure, may bring an action in the circuit court of Cole County. Theaction must be brought within ten days after the official ballot title iscertified by the secretary of state in accordance with the provisions ofthis chapter.

2. The secretary of state shall be named as a party defendant in anyaction challenging the official ballot title prepared by the secretary ofstate. When the action challenges the fiscal note or the fiscal notesummary prepared by the auditor, the state auditor shall also be named as aparty defendant. The president pro tem of the senate, the speaker of thehouse and the sponsor of the measure and the secretary of state shall bethe named party defendants in any action challenging the official summarystatement, fiscal note or fiscal note summary prepared pursuant to section116.155.

3. The petition shall state the reason or reasons why the summarystatement portion of the official ballot title is insufficient or unfairand shall request a different summary statement portion of the officialballot title. Alternatively, the petition shall state the reasons why thefiscal note or the fiscal note summary portion of the official ballot titleis insufficient or unfair and shall request a different fiscal note orfiscal note summary portion of the official ballot title.

4. The action shall be placed at the top of the civil docket.Insofar as the action challenges the summary statement portion of theofficial ballot title, the court shall consider the petition, heararguments, and in its decision certify the summary statement portion of theofficial ballot title to the secretary of state. Insofar as the actionchallenges the fiscal note or the fiscal note summary portion of theofficial ballot title, the court shall consider the petition, heararguments, and in its decision, either certify the fiscal note or thefiscal note summary portion of the official ballot title to the secretaryof state or remand the fiscal note or the fiscal note summary to theauditor for preparation of a new fiscal note or fiscal note summarypursuant to the procedures set forth in section 116.175. Any party to thesuit may appeal to the supreme court within ten days after a circuit courtdecision. In making the legal notice to election authorities under section116.240, and for the purposes of section 116.180, the secretary of stateshall certify the language which the court certifies to him.