Fiscal Note - SB 0132 - Extends the Filing Period When a Candidate For Office Withdraws
L.R. NO. 0530-03
BILL NO. HCS for SB 132
SUBJECT: Elections: Secretary of State
TYPE: Original
DATE: April 30, 1997
FISCAL SUMMARY
ESTIMATED NET EFFECT ON STATE FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Total Estimated
Net Effect on All
State Funds $0 $0 $0
ESTIMATED NET EFFECT ON FEDERAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Total Estimated
Net Effect on All
Federal Funds $0 $0 $0
ESTIMATED NET EFFECT ON LOCAL FUNDS
FUND AFFECTED FY 1998 FY 1999 FY 2000
Local Government Unknown to Unknown or Unknown to
(Unknown) (Unknown) (Unknown)
FISCAL ANALYSIS
ASSUMPTION
Officials of the Secretary of State (SOS), Department of Revenue (DOR), and
Missouri Ethics Commission (MEC) assume no fiscal impact.
The State Auditor (SAU) stated that they are unable to determine fiscal
impact, however, officials assume if there were numerous fiscal notes there
would be some impact. SAU could, if necessary, request additional resources
through budget decision item requests.
The Attorney General (AGO) stated any cost incurred could be absorbed with
current staff and assume no fiscal impact.
The County Clerk of Boone County stated that Section 116.160.2 which provides
for an increase in the size of the ballot title, could result in additional
printing costs for elections. Officials stated that if Section 116.160.2 had
been law in 1996 the election costs to election districts in Boone County
would have been increased by $30,000.
Officials of the St. Louis County Board of Election Commissioners stated that
certain provisions could result in savings for election districts. Officials
stated that by allowing election authorities to mail absentee ballots to the
permanently disabled and pushing back deadline dates would result in savings.
Officials stated that the amount of savings could not be determined.
Officials stated that the provisions contained in Section 116.160.2, that
would more than double the size of the ballot title would increase printing
costs. Officials stated that the amount of increase in costs would depend on
the number of issues in a given year.
The County Clerks of Taney and Cole counties assume no fiscal impact.
Oversight assumes that Section 115.600 would grant new authority to election
authorities to request the circuit court to order a new election if the
evidence provided was sufficient to cast doubt on the outcome of the
election. Currently the election authority could only request a recount.
Oversight assumes there would be the cost of a new election if one were
ordered. The cost is indeterminable, and when one would be ordered is
unknown. Cost to election authorities will be shown as $0 to (Unknown).
Oversight assumes any cost to the State for additional publication of the
text of issues could be absorbed within current staff and appropriation.
FISCAL IMPACT - State Government FY 1998 FY 1999 FY 2000
(10 Mo.)
$0 $0 $0
FISCAL IMPACT - Local Government FY 1998 FY 1999 FY 2000
(10 Mo.)
Savings to Election Authorities
From mailing of absentee ballots to
disabled voters and pushing back deadlines Unknown Unknown Unknown
Cost to Election Authorities
Court ordered cost of New Elections $0 or $0 or $0 or
(Section 115.600) (Unknown) (Unknown) (Unknown)
Printing Costs for Ballot
(Section 116.160.2)
ESTIMATED NET EFFECT TO
LOCAL GOVERNMENT Unknown to Unknown to Unknown to
(Unknown) (Unknown) (Unknown)
FISCAL IMPACT - Small Business
No direct fiscal impact to small businesses is expected as a result of this
proposal.
DESCRIPTION
This substitute makes several changes to election laws.
(1) As used in Sections 115.001 to 115.641 the definition of disqualified
has been changed to mean to be ineligible for office or voted on for
office by an election authority, a court of jurisdiction, the Missouri
Ethics Commission or any other body authorized by law to determine
eligibility of candidates.
(2) Political subdivisions or special districts calling an election would
have to notify the public of the opening filing date of the election
before the fifteenth Tuesday prior to any election. Current law
requires notification to be before the thirteenth Tuesday prior to the
election.
(3) A candidate pursuant to a court order who has filed or is nominated for
an office could withdraw after the certification date but no later than
5:00 p.m. on the sixth Tuesday before the election, provided there is no
additional cost for printing or reprinting of ballots or the candidate
agrees to pay any printing costs.
(4) This proposal amends Sections 115.361, 115.363, 115.373 and 115.379
which sets forth procedures to be followed by election authorities when
a candidate or nominee for public office dies, withdraws or is
disqualified after the filing deadline.
(5) Section 115.361.4 would allow a candidate who has filed a declaration of
candidacy to file a statement of withdrawal within two working days
prior to the close of fling for the office sought. The time of filing
would be extended until 5:00 p.m. of the first Friday following the
customary date for the close of filing.
(6) If election authorities are to verify each signature on petitions the
Secretary of State must send the copes of the petition pages not later
then 2 weeks after the petition is submitted. If the verification is to
be done by random sampling the copies of petitions must be sent not
later than three weeks after the petition has been submitted.
(7) If the election authority verifies the petition by random sampling the
verification must be completed and certified not later than two weeks
from the date the election authority receives the petition from the
Secretary of State. If the election authority verifies each signature
then verification must be certified to the Secretary of State by 5:00
p.m. on the eleventh Tuesday prior to the election.
(8) This proposal clarifies that a candidate contesting an election would
only be required to file one petition with the Circuit Court for each
election contest regardless of the number of counties within the court's
jurisdiction;
(9) Section 1 provides that any county, city, town or village could hold an
election on the first Tuesday after the first Monday in August, 1997.
This provision has an emergency clause;
(10) After the effective date of Section 115.123, (emergency clause), no city
or county could adopt a charter or charter amendment which would call
for elections to be held on dates other than those provided for in
Section 115.123. Nothing in Section 115.123 could prohibit a charter
city or county from having its primary election in March if their
charter provided for a March primary before the effective date of
Section 115.123. Section 115.123 has an emergency clause.
(11) Election authorities would be allowed to determine by random drawing the
order in which a candidate's name would appear on the ballot. The
drawing would be held for candidates who file a declaration of candidacy
with the election authority prior to 5:00 p.m. on the first day of
filing;
(12) Moves the date for filing petitions proposing the formation of a board
of election commissioners in a first class county from before 5:00 p.m.
on the tenth Friday to the thirteenth Tuesday preceding a general
election;
(13) Authorizes all election authorities to employ attorneys, not just boards
of election commissioners;
(14) Clarifies that election judges must be registered voters in the election
authority's jurisdiction, which is a county or an urban election board's
area;
(15) Includes any election day in the requirement that if candidates from
more than one political subdivision or district are to be voted for at
one precinct, then the election authority must code the ballots to show
what candidates and issues the voter is eligible to vote for based on
the voter's place of residence;
(16) Removes the requirement that a separate polling place must be
established for every race for state legislature in which more than f
fifty registered voters are eligible to vote;
(17) Allows an election authority to designate buildings owned by political
subdivisions or special districts as polling places;
(18) Moves date for political entities to notify the public of a special
election from the thirteenth Tuesday to the fifteenth Tuesday prior to
an election;
(19) Designates the registration date for registrants by mail, at a driver
license office, or at a public agency;
(20) Clarifies procedures for notifying other election authorities that a
voter has registered in a new county and for removing duplicate
registrations from the voter registration file;
(21) Moves the date when an election authority must send voter identification
cards from before May 31 to not less than 90 days prior to the primary
election in each year in which a primary and general election will be
held, unless the voter has received such a card during the last 6
months;
(22) Allows an election authority to designate certain voters as inactive for
the specific purposes of determining the number of ballots to be
printed, determining proportional costs of elections, or mailing
information to registered voters;
(23) Adds definitions for new resident, interstate former resident, and
intrastate new resident and states the offices for which they may vote;
(24) Adds postal regulation to the duties of the Secretary of State relating
to setting standards for ballot envelopes and mailing envelopes;
(25) Specifies that any political party which fails to have a statewide
candidate for 2 consecutive elections or fails to poll for a candidate
for any statewide office more than 2% of the entire vote cast will not
longer be considered an established political party;
(26) Specifies that any political party which fails to have a candidate for 2
consecutive elections or fails to poll more than 2% of the entire vote
cast will no longer be considered an established political party in that
district or county;
(27) Moves the date when Secretary of State must send a certified list of
candidates who filed declarations of candidacy with the Secretary of
State to election authorities from the eighth Tuesday to the tenth
Tuesday before each primary election. The certified list must also
state the order in which the candidates for each office are to be listed
on the official ballot;
(28) Requires an election authority to include in public notices of a primary
election the names and addresses of political party committeemen and
committeewomen who will be certified without an election;
(29) Requires each write-in candidate for President of the United States to
include the name of a candidate for Vice President of the United States
and the names of nominees for presidential electors. At least one
nominee for presidential elector must reside in each congressional
district and each nominee must file a declaration of candidacy for the
office of presidential elector;
(30) Changes the date when an election authority must send election returns
to the Secretary of State from the third Thursday to the second Thursday
after each election;
(31) Changes the date that the Board of State Canvassers could announce
election returns from not later than the fourth Tuesday to not later
than the second Tuesday in December following the general election;
(32) Allows an election authority to petition the circuit court for a new
election if evidence demonstrates irregularities sufficient to cast
doubt on the outcome of the election;
(33) Specifies that a 1% recount conducted under the supervision of the
Secretary of State will be limited to one additional counting of all
votes counted on election day;
(34) Changes the date for senatorial district committee meetings from the
third Saturday in August after each primary election to the Saturday
after the third Tuesday in August after each primary. The senatorial
district committee will also meet on the Saturday after third Tuesday in
November after each general election;
(35) Changes assisting a person to vote knowing such person is not legally
entitled to such assistance, or coercing, requesting, or suggesting that
a voter entitled to assistance vote a particular way from a misdemeanor
class 3 election offense to a felony class 1 election offense;
(36) Requires that statewide ballot measures be published once a week for 2
consecutive weeks in 2 newspapers in the county before the election. If
there is only one newspaper in the county, publication is required for 4
consecutive weeks before the election;
(37) Official ballot title would mean the summary statement and fiscal note
summary prepared for all statewide ballot measures that would be placed
on the ballot and would include the petition title for initiative or
referendum petitions.
(38) After the General Assembly adopts a joint resolution proposing a
Constitutional Amendment or a bill that would require a statewide vote
the Secretary of State would within 20 days after receipt of the bill or
joint resolution prepare a summary statement that could contain not more
than 100 words. Current law provides the ballot title could contain no
more than 35 words.
(39) The Secretary of State would promptly forward the bill or joint
resolution to the State Auditor. The State Auditor would within 30 days
prepare a fiscal note and fiscal note summary for the proposed measure.
Currently, the Committee on Legislative Research prepares the fiscal
note and ballot title.
(40) The State Auditor would forward the fiscal note and summary to the
Attorney General. The Attorney General would within 10 days of receipt
of the fiscal note and note summary would approve the legal content and
form of the fiscal note to the State Auditor.
(41) Upon receipt of a sample sheet of a statutory initiative petition a
referendum petition, or a constitutional amendment petition the
Secretary of State would send a copy of the petition sheet to the
Attorney General for approval and to the State Auditor for the purpose
of preparing a fiscal note and note summary.
Section 115.123 and Section 1 have an emergency clause.
This legislation is not federally mandated, would not duplicate any other
program and would not require additional capital improvements or rental
space.
SOURCES OF INFORMATION
Missouri Ethics Commission
Department of Revenue
Secretary of State
Board of Election Commission-St. Louis County
State Auditor
Boone County Clerk
Attorney General
Cole County Clerk
Taney County Clerk
This Fiscal Note is not an official copy and should not be quoted or cited.