116.332. Petitions for constitutional amendments, statutory initiative or referendum, requirements, procedure. - Missouri Statutes

Petitions for constitutional amendments, statutory initiative orreferendum, requirements, procedure.

116.332. 1. Before a constitutional amendment petition, a statutoryinitiative petition, or a referendum petition may be circulated forsignatures, a sample sheet must be submitted to the secretary of state in theform in which it will be circulated. When a person submits a sample sheet ofa petition he or she shall designate to the secretary of state the name andaddress of the person to whom any notices shall be sent pursuant to sections116.140 and 116.180. The secretary of state shall refer a copy of thepetition sheet to the attorney general for his approval and to the stateauditor for purposes of preparing a fiscal note and fiscal note summary. Thesecretary of state and attorney general must each review the petition forsufficiency as to form and approve or reject the form of the petition, statingthe reasons for rejection, if any.

2. Upon receipt of a petition from the office of the secretary of state,the attorney general shall examine the petition as to form. If the petitionis rejected as to form, the attorney general shall forward his or her commentsto the secretary of state within ten days after receipt of the petition by theattorney general. If the petition is approved as to form, the attorneygeneral shall forward his or her approval as to form to the secretary of statewithin ten days after receipt of the petition by the attorney general.

3. The secretary of state shall review the comments and statements ofthe attorney general as to form and make a final decision as to the approvalor rejection of the form of the petition. The secretary of state shall sendwritten notice to the person who submitted the petition sheet of the approvalwithin thirty days after submission of the petition sheet. The secretary ofstate shall send written notice if the petition has been rejected, togetherwith reasons for rejection, within thirty days after submission of thepetition sheet.

(L. 1985 H.B. 543 § 1, A.L. 1997 S.B. 132)

(1991) That part of this section which limits submission to secretary of state of sample petitions to one year prior to the final date for filing signed petitions shortens time authorized by constitution, art. XII, sec. 2(b), during which constitutional amendment petitions may be circulated for signatures and is invalid. State of Mo., ex rel. Upchurch v. Blunt, 810 S.W.2d 515 (Mo.banc).