116.120. Secretary of state to determine sufficiency of form and compliance--invalid signatures not counted--signatures may be verified by random sampling, procedure and requirements.
Secretary of state to determine sufficiency of form andcompliance--invalid signatures not counted--signatures may beverified by random sampling, procedure and requirements.
116.120. 1. When an initiative or referendum petition is submittedto the secretary of state, he or she shall examine the petition todetermine whether it complies with the Constitution of Missouri and withthis chapter. Signatures on petition pages that have been collected by anyperson who is not properly registered with the secretary of state as acirculator shall not be counted as valid. Signatures on petition pagesthat do not have the official ballot title affixed to the page shall not becounted as valid. The secretary of state may verify the signatures on thepetition by use of random sampling. The random sample of signatures to beverified shall be drawn in such a manner that every signature properlyfiled with the secretary of state shall be given an equal opportunity to beincluded in the sample. The process for establishing the random sample anddetermining the statistically valid result shall be established by thesecretary of state. Such a random sampling shall include an examination offive percent of the signatures.
2. If the random sample verification establishes that the number ofvalid signatures is less than ninety percent of the number of qualifiedvoters needed to find the petition sufficient in a congressional district,the petition shall be deemed to have failed to qualify in that district.In finding a petition insufficient, the secretary of state does not need toverify all congressional districts on each petition submitted ifverification of only one or more districts establishes the petition asinsufficient.
3. If the random sample verification establishes that the number ofvalid signatures total more than one hundred ten percent of the number ofqualified voters needed to find the petition sufficient in a congressionaldistrict, the petition shall be deemed to qualify in that district.
4. If the random sampling shows the number of valid signatures withina congressional district is within ninety to one hundred ten percent of thenumber of signatures of qualified voters needed to declare the petitionsufficient in that district, the secretary of state shall order theexamination and verification of each signature filed.
(L. 1980 S.B. 658, A.L. 1988 S.B. 647, A.L. 1999 H.B. 676)Effective 6-16-99