IN THE CIRCUIT COURT OF COLE COUNTY, MISSOURI BARBARA PIPPENS, JOHN BOHNEY, CHERYL HIBBELER, REBECCA SHAW, BOB MINOR, JAMES HARMON, GENE DAVISON, PAT MCBRIDE, Plaintiffs, Case No. _____________ v. JOHN R. ASHCROFT, in his official capacity as Missouri Secretary of State, DAVE SCHATZ, in his official capacity as State Senator and President Pro Tem of the Senate; ELIJAH HAAHR, in his official capacity as State Representative and Speaker of the House, and DANIEL HEGEMAN, in his official capacity as State Senator and sponsor of Senate Joint Resolution 38, Defendants. PETITION FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF UNDER SECTION 116.190, RSMO The General Assembly recently approved Senate Joint Resolution 38 (“SJR 38”), which proposes a constitutional amendment for placement on the statewide ballot. SJR 38 would eliminate the nonpartisan and fair redistricting process that had been approved by voters only two years ago. Plaintiffs bring this suit because the true impact of SJR 38 would not be apparent to a voter who relies on the summary statement that was drafted, and approved, by the General Assembly to accompany the measure. To the contrary, the General Assembly’s proposed summary statement is insufficient and unfair. The General Assembly’s proposed summary statement fails to disclose that SJR 38 would eliminate the Nonpartisan State Demographer authorized to draw redistricting maps—the key mechanism voters approved to remedy partisan gerrymandering—in addition to falsely representing that SJR 38 would “create . . . independent” commissions. The unfair and insufficient CORE/3501064.0004/159472562.1 summary statement drafted by the General Assembly should be vacated and replaced with a summary statement that fully and accurately informs voters about the effects that SJR 38 will have or sent back to the General Assembly for their revisions. THE PARTIES 1. Plaintiffs Barbara Pippens, John Bohney, Cheryl Hibbeler, Rebecca Shaw, Bob Minor, James Harmon, Gene Davison, a d Pa McB de are each citizens of Missouri. 2. Defendant John R. Ashcroft is the duly elected and acting Secretary of State of Missouri. He is named in his official capacity pursuant to § 116.190.2 RSMo. 3. Defendant Dave Schatz is State Senator for Missouri’s 26th Senate District and serves as the current President Pro Tem of the Senate. He is named in his official capacity pursuant to § 116.190.2, RSMo. 4. Defendant Elijah Haahr is State Representative for Missouri’s 134th House of Representatives District and serves as the current Speaker of the House. He is named in his official capacity pursuant to § 116.190.2, RSMo. 5. Defendant Daniel Hegeman is State Senator for Missouri’s 12th Senate District and sponsored SJR 38. He is named in his official capacity pursuant to § 116.190.2, RSMo. JURISDICTION AND VENUE 6. Plaintiffs bring this action pursuant to § 116.190.1, RSMo, which vests exclusive venue in the Circuit Court of Cole County. 2 CORE/3501064.0004/159472562.1 FACTUAL ALLEGATIONS Missouri Voters Overwhelmingly Enacted Amendment 1 to Increase Integrity, Transparency, and Accountability in Missouri Government. 7. On May 3, 2018, supporters of an initiative submitted more than 330,000 signatures to the Missouri Secretary of State to put a redistricting reform and government ethics amendment to the Missouri Constitution on the November 6, 2018 ballot. That initiative is attached as Exhibit 1. 8. The Secretary of State prepared and certified a ballot title for that initiative which read as follows: “Shall the Missouri Constitution be amended to: change process and criteria for redrawing state legislative districts during reapportionment; change limits on campaign contributions that candidates for state legislature can accept from individuals or entities; establish a limit on gifts that state legislators, and their employees, can accept from paid lobbyists; prohibit state legislators, and their employees, from serving as paid lobbyists for a period of time; prohibit political fundraising by candidates for or members of the state legislature on State property; and require legislative records and proceedings to be open to the public? State governmental entities estimate annual operating costs may increase by $189,000. Local governmental entities expect no fiscal impact.” 3 CORE/3501064.0004/159472562.1 9. The Secretary of State designated the initiative as “Amendment 1.” 10. On November 6, 2018, Amendment 1 was adopted by the voters. SJR 38 Would Dismantle Amendment 1 to Dramatically Change Redistricting in Missouri and Preserve Partisan Gerrymandering. 11. Within weeks of the passage of Amendment 1, Republican lawmakers began working towards placing on the statewide ballot new constitutional amendments that would dismantle the redistricting reforms that had so recently become the law. That effort culminated in the enactment of SJR 38, which was voted out of the Senate on February 10, 2020, and passed the House on May 13, 2020. The texts of SJR 38, as introduced and as truly agreed to and finally passed, are attached as Exhibit 2 and Exhibit 3, respectively. 12. The Committee on Legislative Research, Oversight Division, prepared a fiscal note for SJR 38 on February 4, 2020, which is attached as Exhibit 4 to this Petition. The Summary Statement in SJR 38 Is Insufficient and Unfair. 13. The summary statement prepared and approved by the General Assembly as part of SJR 38 is: “Shall the Missouri Constitution be amended to: Ban all lobbyists gifts to legislators and their employees; Reduce legislative campaign contribution limits; and Create citizen-led independent bipartisan commissions to draw state legislative districts based on one person, one vote, minority voter protection, compactness, competitiveness, fairness and other criteria.” 4 CORE/3501064.0004/159472562.1 COUNT 1: CLAUSE THREE OF THE SUMMARY STATEMENT VIOLATES §§ 116.155.2 and 116.190, RSMO, BECAUSE IT IS FALSE AND MISLEADING IN CLAIMING THAT SJR 38 WOULD CREATE CITIZEN-LED INDEPENDENT BIPARTISAN COMMISSIONS 14. Clause 3 claims that SJR 38 would “[c]reate citizen-led independent bipartisan commissions.” This claim is insufficient and unfair for three primary reasons. 15. commissions. First, Clause Three is false because SJR 38 does not actually create any In fact, the “House Apportionment Commission” and the “Senatorial Apportionment Commission” already exist under the Missouri Constitution. Mo. Const. art. 3 § 3(a). SJR 38 simply renames these existing Commissions as the “House Independent Bipartisan Citizens Commission” and the “Senate Independent Bipartisan Citizens Commission,” respectively. 16. Second, Clause Three is misleading because it fails to inform voters that SJR 38 eliminates the office of the Nonpartisan State Demographer, which provides Missouri’s primary defense against partisan gerrymandering. 17. Under current law, the Nonpartisan State Demographer is responsible for drawing district maps, which can only be amended by 70% of the votes in the House and Senatorial Apportionment Commissions. By eliminating the Nonpartisan State Demographer, SJR 38 would instead have maps drawn directly by the renamed Commissions. 18. Indeed, the official bill summary issued by the Senate Research Office acknowledges that SJR 38 would “repeal the post of nonpartisan state demographer and give all redistricting responsibility to the currently existing commissions.” See Exhibit 5 (emphasis added). 5 CORE/3501064.0004/159472562.1 19. Third, Clause Three falsely asserts that the Commissions would be “independent.” In reality, under SJR 38, every redistricting commissioner would be vetted and nominated by a political party committee at the congressional district or state levels, and would ultimately be appointed by the Missouri Governor to serve on the Commissions. The resulting Commissions would not be “independent,” but would in fact comprise individuals with partisan interests who were hand-selected by the State’s political parties and elected officials. 20. Clause Three therefore asserts that SJR 38 would institute new, “independent” Commissions, when it does nothing of the sort, while altogether failing to mention that SJR 38 eliminates the office of the Nonpartisan State Demographer. COUNT 2: CLAUSE THREE VIOLATES §§ 116.155 and 116.190, RSMO, BECAUSE IT MISLEADS VOTERS REGARDING EXISTING REDISTRICTING CRITERIA 21. Clause Three states that legislative districts must be drawn based on criteria including “minority voter protection, compactness, competitiveness, fairness.” This language is insufficient and unfair because the Missouri Constitution already provides that districts are to be drawn on the basis of these factors. If anything, SJR 38 actually undermines and weakens many of these criteria. 22. First, with respect to “minority voter protection,” Article III, Section 3(c)(1)(b) of the Missouri Constitution currently provides as a matter of Missouri law that districts not be drawn “with the intent or result of denying or abridging the equal opportunity of racial or language minorities to participate in the political process or diminishing their ability to elect representatives of their choice, whether by themselves or by voting in concert with other persons.” SJR 38 would strike this language, and replace it with new language that narrows the scope of protected groups and fails to contain the same broad minority voter protections. In any case, SJR 6 CORE/3501064.0004/159472562.1 38 does not in any way strengthen protections for minority voters, and it is misleading to suggest otherwise. SJR 38 does not even contain the words “minority,” “minority voter,” or “minority voter protection.” By including the words “minority voter protection” in the summary statement, the General Assembly is unfairly characterizing the effect of the Constitutional amendment. 23. Second, with respect to “competitiveness” and “fairness,” Article III, Section 3(c)(1)(b) of the Missouri Constitution already requires that districts be “designed in a manner that achieves both partisan fairness and, secondarily, competitiveness.” In fact, SJR 38 actually weakens these provisions because it provides that all other factors “shall take precedence over partisan fairness and competitiveness.” Clause Three is therefore especially deceptive in that it suggests that SJR 38 will implement these criteria for drawing legislative districts. To the contrary, not only are these criteria already enshrined in the Constitution, but SJR 38 will actually undermine their application in redistricting. 24. Third, with respect to “compactness,” Article III, Section 3(c)(1)(e) of the Missouri Constitution already requires that, when possible, districts be “compact in form.” Clause Three misleadingly suggests that SJR 38 will add compactness as a consideration when drawing districts, when in reality SJR 38 does not add compactness because it is already a required factor in redistricting. COUNT 3: CLAUSE ONE VIOLATES §§ 116.155 and 116.190, RSMO, BECAUSE IT MISLEADINGLY IGNORES THAT VIRTUALLY ALL GIFTS ARE ALREADY BANNED AND DOES NOT MODIFY THE TWO EXTANT EXCEPTIONS TO CURRENT LIMITS ON LOBBYIST GIFTS 25. Clause One of the summary statement is insufficient and unfair by claiming that SJR 38 would “[b]an all lobbyist gifts to legislators and their employees.” 7 CORE/3501064.0004/159472562.1 26. In fact, the Missouri Constitution already limits the vast majority of lobbyist gifts in the state because it only permits gifts that are not “in excess of five dollars per occurrence.” Mo. Const. art. 3 § 2(b). This prohibition on lobbyist gifts is subject to two exceptions: (i) the five-dollar limit does not apply to gifts from lobbyists to legislators or legislative employees who are their family members; and (ii) the five-dollar limit does not apply to gifts from unpaid lobbyists. Mo. Const. art. 3 § 2(b). 27. Far from “[b]an[ning] all lobbyist gifts,” as Clause One falsely suggests, SJR 38 only purports to reduce the five-dollar limit on de minimis gifts to zero, while leaving intact the two existing exceptions. 28. First, contrary to the language of Clause One, SJR 38 does not amend the provisions of Article 3, Section 2(b) of the Missouri Constitution that permit legislators and their employees to receive “gifts, family support, or anything of value from those related to them within the fourth degree by blood or marriage.” 29. Second, contrary to the language of Clause One, unpaid lobbyists will still be able to make gifts of any value to anyone. SJR 38 leaves intact the Missouri Constitution’s current language, which only restricts gifts from a “paid lobbyist or lobbyist principal.” Mo. Const. art. 3 § 2(b) (emphasis added). Lobbyists who are not paid would still be able to extend gifts to legislators even if SJR 38 becomes law. 30. Accordingly, as written, Clause One is objectively false, because it claims that all lobbyist gifts would be banned, when in fact they would not be. Moreover, in light of the dramatic and significant changes that SJR 38 will make to redistricting, it is misleading and manipulative for the fifty-word summary statement to devote any precious space—let alone the 8 CORE/3501064.0004/159472562.1 entire first clause—to the unremarkable fact that SJR 38 would amend the Constitution to preclude legislators and their employees from receiving gifts from paid lobbyists worth five dollars or less. COUNT 4: CLAUSE TWO VIOLATES §§ 116.155 and 116.190, RSMO, BECAUSE IT IS MISLEADING AND OVERBROAD 31. Clause Two states that the Missouri Constitution would be amended to “[r]educe legislative campaign contribution limits.” Clause Two is insufficient and unfair because SJR 38 changes only the contribution limit for candidates for the State Senate. 32. In lieu of a substantive reduction in campaign contribution limits, SJR 38 would make a negligible 4% reduction in the contribution limit for candidates running for the State Senate, to $2,400 from $2,500, and would not make any change to the contribution limit for candidates running for the House of Representatives, which would remain fixed at $2,000. 33. As with Clause One, the language of Clause Two overstates the impact that SJR 38 will have. The changes SJR 38 would make to a single campaign contribution limit would have virtually no effect on political fundraising in Missouri. Clause Two is likely to mislead and deceive voters into believing that SJR 38 would make meaningful reductions in contribution limits for all legislative campaigns, which is untrue. Moreover, by placing such great emphasis on such a minor change, Clause Two unfairly colors the views of the voters. PRAYER FOR RELIEF Plaintiffs respectfully request an Order from this Court: a. Vacating the summary statement approved by the General Assembly as part of SJR 38; and b. Ordering the General Assembly to enact a new summary statement that complies with §§ 116.155.2 and 116.190.3, RSMo; or, c. In the alternative, certifying the following statutorily compliant summary statement that redresses the foregoing violations of §§ 116.155.2 and 116.190.3 RSMo: “Shall the Missouri Constitution be amended to: 9 CORE/3501064.0004/159472562.1 Eliminate the office of Nonpartisan State Demographer, currently responsible for drawing draft legislative district maps, and give map drawing responsibility to Commissions comprised of partisan representatives; and Make partisan fairness and competitiveness the least important factors when drawing district maps.” and, d. Granting such other and further relief as the Court deems just and proper. Dated: May 18, 2020 Respectfully Submitted, STINSON LLP By: /s/ Charles W. Hatfield Charles W. Hatfield, MO No. 40363 Alixandra S. Cossette, MO No. 68114 230 W. McCarty Street Jefferson City, Missouri 65101 Phone: (573) 636-6263 Facsimile: (573) 636-6231 chuck.hatfield@stinson.com alixandra.cossette@stinson.com Attorneys for Plaintiffs Barbara Pippens, John Bohney, Cheryl Hibbeler, Rebecca Shaw, Bob Minor, James Harmon, Gene Davison, and Pat McBride 10 CORE/3501064.0004/159472562.1 Exhibit 1 County Page No. It is a class A misdemeanor punishable, notwithstanding the provisions of section 560.021, to the contrary, for a term of imprisonment not to exceed one year in the county jail or a ?ne not to exceed ten thousand dollars or both, for anyone to sign any initiative petition with any name other than his or her own, or knowingly to sign his or her name more than once for the same measure for the same election, or to sign a petition when such person knows he or she is not a registered voter. INITIATIVE PETITION TO the Honorable Jason Kander, Secretary ofState for the state of Missouri: We, the undersigned, registered voters ofthe state of Missouri and County (or city of St. Louis), respectfully order that the following proposed amendment to the constitution shall be submitted to the voters of the state of Missouri, for their approval or rejection, at the general election to be held on the 6?1 day of November, 2018, and each for himselfor herselfsays: have personally signed this petition; I am a registered voter of the state of Missouri and County (or city of St. Louis); my registered voting address and the name ofthe city, town or village in which I live are correctly written after my name. [Of?cial Ballot title] [a AFFIDAVIT i 7018 . . STATE OF MISSOURI, COUNTY OF - oT/l?r l, . being ?rst duly sworn, say (print or type names ofsigners) I REGISTERED VOTING ADDRESS NAME DATE . ZIP CONGR. NAME (Signature) SIGNED (Number) ?r com: DIST. (Printed or Typed) Village10. signed this page of the foregoing petition, and each of them signed his or her name thereto in my presence; I believe that each has stated his or her name, registered voting address and city, town or village correctly, and that each signer is a registered voter of the state of Missouri and County. FURTIIERMORE, I HEREBY SWEAR OR AFFIRM UNDER PENALTY OF PERIURY THAT ALL STATEMENTS MADE BY ME ARE TRUE AND CORRECT AND THAT I HAVE NEVER BEEN CONVICTED OF, FOUND GUILTY OF, OR PLED GUILTY TO ANY OFFENSE INVOLVING FORGERY. I am at least 18 years of age. I do do not (check one) expect to be paid for circulating this petition. If paid, list the payer: (Name of payer) Subscribed and sworn to before me this day of Notary Public (Seal) My commission expires Signature ofAf?ant [Person obtaining signatures) Printed Name ofAffiant Address of Af?ant (Street, City, State 8: Zip Code) . AD. 20 Signature of Notary Address of Notary (Street, City, State Zip Code) NOTICE: You are advised that the proposed constitutional amendment may change, repeal. or modify by implication or may be construed by some persons to clrzurge. repeal or by implication. the following Articles and Sections of the Constitution of Missouri: Article I. Section 8 and the following Sections ofthe Missouri Revised Statutes: Sections l05.450 through 105.496 and Sections l30.0l I through 130.160. The proposed amendment revises Article of the Constitution by amending Sections 2. 5. 7, and I9 and adopting three new sections to be known as Article 11] Sections 3. 20(c). and 20(d). Be it resolved by (I re people of the state of Missouri that the Constitution be amended: Section A. Article of the Constitution is revised by amending Sections 2. 5. 7, l9. and adopting three new sections to be known as Article [11 Sections 3. 20(c). and 20(d) to read as follows: Section 2. After the effective date of this section, no pgrson serving as a member of or employed by the General Assembly shall act or serve as a paid lobbyist. register as a paid lobbyist. or solicit employers or clients to represent as a mid during the time of such service until the expiration of two calendar years after the conclusion of the session of the general assembly in which the member or employee last sewed and where such service was after the effective date of this section. No person sewing as a member of or employed by the General Assembly shall accept directly or indirectly a gift of any or intangible item. service. or thing of value ?em any paid lobbyist or lobbyist principal in excess of ?ve dollars per occunence. This Article shall not prevent Candidates for the General Assembly. including candidates for reelection. or candidates for of?ces within the senate or house from accepting campaign contributions consistent with this Article and applicable campaign ?nance law. Nothing in this section shall prevent individuals ?em receiving gi?s. family support or anything of value ?em those related to them within the fourth degree by blood or marriage. The dollar limitations of this section shall be increased or decreased each year by the percentage of increase or decrease ?rm the end of the previous calendar year of the Consumer Price Index. or successor index as published by the US. Department of Labor. or its successor gency and rounded to the nearest dollar amount The General shall make no law authorizing unlimited earnpaign contributions to candidates for the General Assembly, nor any law that circumvents the contribution limits contained in this Constitution. In addition to other campaign contribution limitations or restrictions provided for by law. the zunount of contributions made to or accepted by any candidate or candidate committee ?pm any person other than the candidate in any one election for the General Assembly shall not exceed the following (i To elect an individual to the of?ce of state senator. two thousand ?ve hundred dollars: and (2) To elect an individual to the of?ce of state representative. two thousand dollars. The contribution limits and other restrictions of this section shall also apply to any person exploring a candidacy for a public of?ce listed in this subsection. For purposes of this subsection. "base year amount" shall be the contribution limits prescribed in this section. Contribution limits set forth herein shall be adiusted on the ?rst day of January in each even-ritunbered year hereafter by multiplying the base year amount by the cumulative consumer price index and rounded to the nearest dollar amount. for all years after 20l 8. No contribution to a candidate for legislative of?ce shall be made or accepted. directly or indirectly. in a ?ctitious name. in the name of another person. or by or through another person in such a manner as to. or with the intent to. conceal the identity of the actual source of the contribution. There shall be a rebuttable presumption that a contribution to a candidate for public of?ce is made or accepted with the intent to circumvent the limitations on contributions imposed in this section when a contribution is received ?rm a committee or organization that is primarily funded by a sirgle person. individual. or other committee that has already reached its contribution limit under any law relating to contribution limitations. A committee or organi7ation shall be deemed to be primarily funded by a single person. individual. or other committee when the committee or organization receives more than ?fty percent of its annual ?em that single person. individual. or other committee. In no circumstance shall a candidate be found to have violated limits on acceptance of contributions if the Missouri Ethics Commission. its successor agency. or a court determines that a candidate has taken no action to indicate acceptance of or acquiescence to the making of an expenditure that is deemed a contribution pursuant to this section. (0 No candidate shall accept contributions them any federal political action committee unless the committee has ?led the same ?nancial disclosure reports that would be required of a Missouri political action committee. Section 3. There is hereby established the post of "non-partisan state demographer." The non-partisan state demOgrapher shall acquire appropriate information to develop procedures in preparation for drawing legislative redistricting maps on the basis of each federal census for presentation to the house apportionment commission and the senatorial app_ortionment commission. The non-partisan state demographer shall be selected througr the following process. First. state residents may apply for selection to the state auditor usingan application developed by the state auditor to determine an applicant?s quali?cations and expertise relevant to the position. Second. the state auditor shall deliver to the maiority leader and minority leader of the senate a list of at least three applicants with suf?cient expertise and quali?eations. as determined by the state auditor. to perform the duties of the non-partisan state demographer. Third. if the maiority leader and minority leader of the senate together agree that a speci?c applicant should be selected to be the non-partisan state demographer. that applicant shall be selected and the selection process shall cease. Fourth. if the maiority leader and minority leader of the senate eannot together agree on an applieant. they rnav each remove a number of applicants on the state auditor?s list equal to one-third of the total number of applicants on that list. rounded down to the next integer. and the state auditor shall then conduct a random lottery of the applieants remaining after removal to select the non-partisan state demographer. The state auditor shall prescribe a time ?arne and deadlines for this application and selection process that both encourages numerous quali?ed applieants and avoids delay in selection. The non-partisan state demographer shall serve a term of ?ve years and may be reappointed. To be eligible for the non-partisan state demographer position an individual shall not have served in a partisan. elected position for four years prior to the appointment The non-partisan state demographer shall be pligquali?ed from holding of?ce as a member of the general assembly for four years followng the date of the presentation of his or her most recent legislative redistrictipg map to the house apportionment commission or the senatorial apportionment commission. (nghe house of representatives shall consist of one hundred sixty-three members elected at each general election and apportioned [in the following manner] as provided in this section. Within ten days after the population of this state is reported to the President for each decennial census of the United States or. in the event that a reapportionment has been invalidated by a court of competent iurisdiction. within ten days after such a ruling has been made. the non-partisan state demoggapher shall begin the preparation of legislative districting plans and maps using the following methods. listed in order of priority: Districts shall be established on the basis of total population. Legislative districts shall each have a total population as nearly equal as practicable to the ideal population for such districts. determined by dividing the number of districts to be established into the total pgpulation of the state in the federal decennial census. Districts shall be established in a manner so as to comply with all requirements of the United States; Constitution and applicable federal laws, including, but not limited to, the Voting Rights Act of I965 (as amended). Notwithstanding anv other provision of this Article. districts shall not be drawn with the intent or result of denying or abridging the equal opportunity of racial or language minorities to participate in the political process or diminishing their ability to elect representatives oftheir choice, whether by themselves or by voting in concert with other persons. Districts shall be designed in a manner that achieves both partisan fairness and, secondarily. competitiveness. Partisan fairness means that parties shall be able to translate their popular support into legislative representation with approximately equal efficiency. Competitiveness means that parties? legislative representation shall be substantially and similarly responsive to shifts in the electorate's preferences. To this end, the non-partisan state demographer shall calculate the average electoral performance ofthe two parties receiving the most votes in the three preceding elections for governor, for United States Senate, and for President of the United States. This index shall be de?ned as the total votes received by each party in the three preceding elections for governor, for United States Senate, and for President of the United States. divided by the total votes cast for both parties in these elections. Using this index, the non-partisan state demographer shall calculate the total number of wasted votes for each party, summing across all of the districts in the plan. Wasted votes are votes cast for a losing candidate or for a winning candidate in excess of the fifty percent threshold needed for victog. In any plan of and map of the prop_o.sed districts submitted to the respective apportionment commission, the non-partisan state demographer shall ensure the difference between the two parties? total wasted votes, divided by the total votes cast for the two parties, is as close to zero as practicable. To promote competitiveness, the non-partisan state demographer shall use the electoral performance index to simulate elections in which the hypothetical statewide vote shifts by one percent, two percent. three percent, four percent, and five percent in favor of each party. The vote in each individual district shall be assumed to shift by the same amount as the statewide vote. The non-partisan state demographer shall ensure that, in each of these simulated elections, the difference between the two parties? total wasted votes. divided by the total votes cast for the two parties, is as close to zero as practicable. (pl Subiect to the requirements of subdivisions and Districts shall be composed of contiguous territory. Areas which meet only at the p_oints of adjoining comers are not contigous. Kl) To the extent consistent with subdivisions (lXa) (lXc) of this subsection, district boundaries shall coincide with the boundaries of p_olitiwl subdivisions of the state. The number of counties and cities divided among more than one district shall be as small as possible. When there is a choice between dividi_ng local political subdivisions. the more populous subdivisions shall be divided before the less populous, but this preference shall not apply to a legislative district bormdarv drawn along a county line which passes through a city that lies in more than one county. Preference shall be that districtsarecom act in form but the standards established subdivisions 1 a ofthis subsection take precedence over compactness where a con?ict arises between compactness and these standards. In general, compact districts are those which are square, rectangular, or hexagonal in shape to the extent permitted by natural or political boundaries. Within sixty days after the population of this state is reported to the President for each decennial census of the United States [and] pr, in the event that a reapportionment has been invalidated by a court of cornpetentjurisdiction, within sixty days [alter notification by the governor] that such a nrling has been made, the congressional district committee of each of the two parties casting the highest vote tor governor at the last preceding election shall meet and the members of the committee shall nominate, by a majority vote of the members of the committee present, provided that a majority of the elected members is present, two members of their party, residents in that district, as nominees for reapportionment commissioners. Neither par1y shall select more than one nominee ?om any one state legislative district. The congressional committees shall each submit to the governor their list of elected nominees. Within thirty days the govemor shall appoint a commission consisting of one name ?om each list to reapportion the state into one hundred and sixty-three representative districts and to establish the numbers and boundaries of said districts. If any of the congressional committees fails to submit a list within such time the govemor shall appoint a member of his own choice ?om that district and hem the political party of the committee failing to make the appointment. Members of the commission shall be disquali?ed ?rom holding office as members of the general assembly for four years following the date of the ?ling by the commission of its ?nal statement of apportionment. For the purposes of this Article, the term congressional district committee or congressional district refers to the congressional district committee or the congressional district from which a congressman was last elected, or, in the event members of congress this state have been elected at large, the term congressional district committee refers to those persons who last served as the congressional district committee for those districts from which congressmen were last elected, and the term congressional district refers to those districts ?om which congressmen were last elected. Any action pursuant to this section by the congressional district committee shall take place only at duly called meetings, shall be recorded in their of?cial minutes and only members present in person shall be permitted to vote. Within six months after the population of this state is reported to the President for each decennial census of the United States or, in the event that a reapmrtionment has been invalidated by a court of comp_etent jurisdiction, within six months after such a ruling has been made, the non-partisan state demographer shall make public and ?le with the secretary of state and with the house apportionment commission a tentative plan of app_ortionment and map of the prop_osed districts, as well as all demogaphic and pa_rtisan data used in the creation of the plan and map. The commissioners so selected shall, [on the ?fteenth day, excluding Sundays and holidays, after all members have been selected] within ten days of receiving the tentative plan of apportionment and map of the proposed districts, meet in the capitol building and proceed to organize by electing ??om their number a chairman. vice chairman and secretary[and . The commission shall adopt an agenda establishing at least three hearing dates on which hearings open to the public shall be held to hear objections or testimony hem interested p_ersons. A copy of the agenda shall be tiled with the clerk of the house of representatives within twenty-four hours after its adoption. Executive meetings may be scheduled and held as often as the commission deems advisable. The commission may make changes to the tentative plan of apportionment and map of the proposed disuicts received thorn the non? 2 Section 5. partisan state demographer provided that such changes are consistent with this section and approved bv a vote of at least seven-tenths of the commissioners. If no changes are made or approved as provided for in this subsection, the tentative plan of apportionment and of proposed districts shall become ?nal. Not later than two months of receiving the tentative plan of apportionment and map of the proposed districts. the commission shall ?le with the secretary of state a ?nal statement of the numbers and the boundaries of the districts together with a map of the districts. [The commission shall reapportion the representatives by dividing the population of the state by the number one hundred sixty-three and shall establish each district so that the population of that district shall, as nearly as possible, equal that ?gure. Each district shall be composed ofcontiguous tenitory 25 compact as may be. Not later than ?ve months after the appointment of the commission the commission shall receive the tentative plan of apportionment and map of the proposed districts ordered in subsection 4 of this section and during the ensuing ?fteen days shall hold such public hearings as may be necessary to hear objections or testimony of interested persons. Not later than six months after the appointment of the commission. the commission shall ?le with the secretary of state a ?nal statement of the numbers and the boundaries of the districts together with a map of the districts. and no statement shall be valid unless approved by at least seven-tenths of the members. After the statement is ?led members of the house of representatives shall be elected according to such districts until a reapportionment is made as herein provided. except that if the statement is not ?led within six months of the time ?xed for the appointment of the commission. it shall stand discharged and the house of representatives shall be apportioned by a commission of six members appointed from among the judges of the appellate courts of the state of Missouri by the state supreme court, a majority of whom shall sign and ?le its apportionment plan and map with the secretary of state within ninety days of the date of the discharge of the apportionment commission. Thereafter members of the house of representatives shall be elected according to such districts until a reapportionment is made as herein provided] Each member of the commission shall receive as compensation fifteen dollars a day for each day the commission is in session but not than one thousand dollars. and. in addition, shall be reimbursed for his actual and necessary expenses incuned while serving as a member of the commission. No reapportionment shall be subject to the referendum. @Jhe Senate shall consist of thirty-four members elected by the quali?ed voters of the senatorial [respective] districts for a term of four years. [For the election of senators. the state shall be divided into convenient districts of contiguous territory. as compact and nearly equal in population as may be] Senatorial districts shall be mr?oned as provided for in Article Section 7. Section 7. (1) Within ten davs after the population of this state is reported to the President for each decennial census of the United States or, in the event that a reapportionment has been invalidated bv a court of competent iurisdiction. within ten davs after such a ruling has been made. the non-partisan state demographer authorized in Article Section 3, shall begin the preparation of senatorial districting plans and maps using the same methods and criteria as those required by Article Ill, Section 3 for the establishment of districts for the House of Representatives. Within sixty days after the population of this state is reported to the President for each decennial census of the United States, [and] o_r within sixty days after [noti?cation by the governor that] a reapportionment has been invalidated by a court of competent jurisdiction. the state committee of each of the two political parties casting the highest vote for governor at the last preceding election shall, at a committee meeting duly called. select by a vote of the individual committee members. and thereafter submit to the governor a list of ten persons. and within thirty days thereafter the governor shall appoint a commission of ten members. ?ve ?om each list, to reapportion the thirty-four senatorial districts and to establish the numbers and boundaries of said districts. lfeithcr ofthe party committees fails to submit a list within such time the governor shall appoint ?ve members of his own choice from the party of the committee so failing to act. Members of the commission shall be disquali?ed ?om holding of?ce as members of the general assembly for four years following the date ofthe ?ling by the commission of its ?nal statement ofapportionment. Within six months after the population of this state is reported to the President for each decennial census of the United States or in the event that a reapportionment has been invalidated bv a court of competent iurisdiction, within six months after such a ruling has been made, the non-partisan state demographer shall ?le with the secretary of state and with the senatorial apportionment commission a tentative plan of appertionment and map of the promsed districts. The commissioners so selected shall [on the fifteenth day, excluding Sundays and holidays, alter all members have been selected] within ten days ol'receiving the tentative plan of'apportionment and map of the proposed districts required bv this subsection, meet in the capitol building and proceed to organize by electing from their number a chairman. vice chairman and secretary [and . The commission shall adopt an agenda establishing at least three hearing dates on which hearings open to the public shall be held to hear objections or testimony ?om interested persons. A copy of the agenda shall be ?led with the secretary of the senate within twenty-four hours after its adoption. Executive meetings may be scheduled and held as often as the commission deems advisable. The commission may make changes to the tentative plan of apportionment and map of the proposed districts received ?om the non-partisan state demompher provided that such changes are consistent with this Section and the methods and criteria required bv Section 3 of this Article for the establishment of districts for the House of Representatives and approved by a vote of at least seven-tenths of the commissioners. If no changes are made or approved as provided for in this subsection, the tentative plan of apportionment and map of proposed districts shall become ?nal. Not later than two months after receiving the tentative plan of apportionment and map of the proposed districts, the commission shall ?le with the secretarv of state a ?nal statement of the numbers and the boundaries of the districts together with a map of the districts. [The commission shall reapportion the senatorial districts by dividing the population of the state by the number thirty-four and shall establish each district so that the population of that district shall, as nearly as poss?rle, equal that ?gure; no county lines shall be crossed except when necessary to add suf?cient population to a multi-district county or city to complete only one district which lies partly within such multi-district county or city so as to be as nearly equal as practicable in population. Any county with a population in excess of the quotient obtained by dividing the population of the state by the number thirty-four is hereby declared to be a multi-district county. DJ Not later than ?ve months after the appointment of the commission the commission shall ?le with the secretary of state a tentative plan of apportionment and map of the proposed districts and during the ensuing ?fteen days shall hold such public hearings as may be necessary to hear objections or testimony of interested persons. Not later than six months after the appointment of the commission, the commission shall ?le with the secretary of state a ?nal statement of the numbers and the boundaries of the districts together with a map of the districts, and no statement shall be valid unless approved by at least seven members. After the statement is ?led senators shall be elected according to such districts until a reapportionrnent is made as herein provided, except that if the statement is not ?led within six months of the time ?xed for the appointment of the commission, it shall stand discharged and the senate shall be apportioned by a commission of six members appointed from among the judges of the appellate courts of the state of Missouri by the state supreme court, a majority of whom shall sign and ?le its apportionment plan and map with the secretary of state within ninety days of the date of the discharge of the apportionment commission. Thereafter senators shall be elected according to such districts until a reapportionment is made as herein provided] Each member of the commission shall receive as compensation ?fteen dollars a day for each day the commission is in session, but not more than one thousand dollars, and, in addition, shall be reimbursed for his actual and necessary expenses incuned while serving as a member of the commission. No reapportionment shall be subject to the referendum. Section l9. (alSenators and representatives shall, in all cases except treason, felony, offenses under this Article, or breach of the peace, be privileged from anest during the session of the general assembly, and for the ?fteen days next before the commencement and alter the termination of each session; and they shall not be questioned for any speech or debate in either house in any other place. my Legislative records shall be public records and subject to generally applicable state laws goveming public access to public records, including the "Sunshine law." legislative records include, but are not limited to, all records, in whatever form or format, of the of?cial acts of the general of the of?cial acts of legislative committees, of the of?cial acts of members of the general assembly, of individual legislators, their employees and staff, of the conduct of legislative business and all records that are created, stored or distributed through legislative branch facilities, equipment or mechanisms, includmg electronic. Each member of the general assembly is the custodian of legislative records under the custodv and control of the member. their employees and staff. The chief clerk of the house or the secrem of the senate are the custodians for all other legislative records relating to the house and the senate . 'vel . Legislative proceedings, including committee proceedings, shall be public meetings) subject to generally applicable law goveming public access to ublic meetin0 includin the "Sunshine Law." ublic meetin of le islative roceedings shall be subiect to recordinQy Citizens, so long as the Droceedi_ngs are not materially disrupted. Section 29! No political ?rndraising activities or political ?indraising event by any member of or candidate for the general assembly, includingybut not limited to the solicitation or delivery of contributions, supporting or opposing any candidate, initiative petition, referendum petition. ballot measure. political party or or buildin own leased or controlled by the State of Missouri or an 0enc v' or division thereof. Any purposeful violation of this section shall be punishable bv imprisonment for up to one year or a ?ne of up to one thousand dollars or both. plus an amount equal to three times the illegal contributions. 'lhe Missouri Ethics Commission or its successor agency is authorized to enforce this section as provided by law. Section 291d). If any provision of sections 2, 3, 7, 19, or 20(c) or the application thereof to anyone or to any circumstance is held invalid the remainder ofthose provisions and the application of such provisions to others or other circumstances shall not be affected thereby. Exhibit 2 SECOND REGULAR SESSION SENATE JOINT RESOLUTION NO. 38 100TH GENERAL ASSEMBLY INTRODUCED BY SENATOR HEGEMAN. Pre-filed December 1, 2019, and ordered printed. ADRIANE D. CROUSE, Secretary. 4110S.01I JOINT RESOLUTION Submitting to the qualified voters of Missouri, an amendment repealing sections 2, 3, and 7, of article III of the Constitution of Missouri, and adopting four new sections in lieu thereof relating to regulating the legislature to limit the influence of partisan or other special interests. Be it resolved by the Senate, the House of Representatives concurring therein: That at the next general election to be held in the state of Missouri, on 2 Tuesday next following the first Monday in November, 2020, or at a special 3 election to be called by the governor for that purpose, there is hereby submitted 4 to the qualified voters of this state, for adoption or rejection, the following 5 amendment to article III of the Constitution of the state of Missouri: Section A. Sections 2, 3, and 7, article III, Constitution of Missouri, are 2 repealed and four new sections adopted in lieu thereof, to be known as sections 3 2, 3, 7, and 10(a), to read as follows: Section 2. (a) After December 6, 2018, no person serving as a member of 2 or employed by the general assembly shall act or serve as a paid lobbyist, register 3 as a paid lobbyist, or solicit prospective employers or clients to represent as a 4 paid lobbyist during the time of such service until the expiration of two calendar 5 years after the conclusion of the session of the general assembly in which the 6 member or employee last served and where such service was after December 6, 7 2018. 8 (b) No person serving as a member of or employed by the general 9 assembly shall accept directly or indirectly a gift of any tangible or intangible 10 item, service, or thing of value from any paid lobbyist or lobbyist principal [in 11 excess of five dollars per occurrence]. This Article shall not prevent candidates EXPLANATION--Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law. SJR 38 2 12 for the general assembly, including candidates for reelection, or candidates for 13 offices within the senate or house from accepting campaign contributions 14 consistent with this Article and applicable campaign finance law. Nothing in this 15 section shall prevent individuals from receiving gifts, family support or anything 16 of value from those related to them within the fourth degree by blood or 17 marriage. [The dollar limitations of this section shall be increased or decreased 18 each year by the percentage of increase or decrease from the end of the previous 19 calendar year of the Consumer Price Index, or successor index as published by the 20 U.S. Department of Labor, or its successor agency, and rounded to the nearest 21 dollar amount.] 22 (c) The general assembly shall make no law authorizing unlimited 23 campaign contributions to candidates for the general assembly, nor any law that 24 circumvents the contribution limits contained in this Constitution. In addition 25 to other campaign contribution limitations or restrictions provided for by law, the 26 amount of contributions made to or accepted by any candidate or candidate 27 committee from any person other than the candidate in any one election [for the 28 general assembly] to the office of state representative or state senator 29 shall not exceed [the following: 30 (1) To elect an individual to the office of state senator, two thousand five 31 hundred dollars; and 32 (2) To elect an individual to the office of state representative,] two 33 thousand dollars. 34 The contribution limits and other restrictions of this section shall also 35 apply to any person exploring a candidacy for [a public office listed in this 36 37 subsection] the office of state representative or state senator. For purposes of this subsection, "base year amount" shall be the 38 contribution limits prescribed in this section. Contribution limits set forth herein 39 shall be adjusted on the first day of January in each even-numbered year 40 hereafter by multiplying the base year amount by the cumulative Consumer Price 41 Index and rounded to the nearest dollar amount, for all years after 2018. 42 (d) No contribution to a candidate for legislative office shall be made or 43 accepted, directly or indirectly, in a fictitious name, in the name of another 44 person, or by or through another person in such a manner as to, or with the 45 intent to, conceal the identity of the actual source of the contribution. There shall 46 be a rebuttable presumption that a contribution to a candidate for public office 47 is made or accepted with the intent to circumvent the limitations on contributions SJR 38 3 48 imposed in this section when a contribution is received from a committee or 49 organization that is primarily funded by a single person, individual, or other 50 committee that has already reached its contribution limit under any law relating 51 to contribution limitations. A committee or organization shall be deemed to be 52 primarily funded by a single person, individual, or other committee when the 53 committee or organization receives more than fifty percent of its annual funding 54 from that single person, individual, or other committee. 55 (e) In no circumstance shall a candidate be found to have violated limits 56 on acceptance of contributions if the Missouri ethics commission, its successor 57 agency, or a court determines that a candidate has taken no action to indicate 58 acceptance of or acquiescence to the making of an expenditure that is deemed a 59 contribution pursuant to this section. 60 (f) No candidate shall accept contributions from any federal political 61 action committee unless the committee has filed the same financial disclosure 62 reports that would be required of a Missouri political action committee. Section 3. (a) [There is hereby established the post of "Nonpartisan State 2 Demographer". The nonpartisan state demographer shall acquire appropriate 3 information to develop procedures in preparation for drawing legislative 4 redistricting maps on the basis of each federal census for presentation to the 5 house apportionment commission and the senatorial apportionment commission. 6 (b) The nonpartisan state demographer shall be selected through the 7 following process. First, state residents may apply for selection to the state 8 auditor using an application developed by the state auditor to determine an 9 applicant's qualifications and expertise relevant to the position. Second, the state 10 auditor shall deliver to the majority leader and minority leader of the senate a 11 list of at least three applicants with sufficient expertise and qualifications, as 12 determined by the state auditor, to perform the duties of the nonpartisan state 13 demographer. Third, if the majority leader and minority leader of the senate 14 together agree that a specific applicant should be selected to be the nonpartisan 15 state demographer, that applicant shall be selected and the selection process shall 16 cease. Fourth, if the majority leader and minority leader of the senate cannot 17 together agree on an applicant, they may each remove a number of applicants on 18 the state auditor's list equal to one-third of the total number of applicants on that 19 list, rounded down to the next integer, and the state auditor shall then conduct 20 a random lottery of the applicants remaining after removal to select the 21 nonpartisan state demographer. The state auditor shall prescribe a time frame SJR 38 4 22 and deadlines for this application and selection process that both encourages 23 numerous qualified applicants and avoids delay in selection. The nonpartisan 24 state demographer shall serve a term of five years and may be reappointed. To 25 be eligible for the nonpartisan state demographer position, an individual shall not 26 have served in a partisan, elected position for four years prior to the 27 appointment. The nonpartisan state demographer shall be disqualified from 28 holding office as a member of the general assembly for four years following the 29 date of the presentation of his or her most recent legislative redistricting map to 30 the house apportionment commission or the senatorial apportionment 31 commission. 32 (c)] The house of representatives shall consist of one hundred sixty-three 33 members elected at each general election and [apportioned] redistricted as 34 provided in this section. 35 [(1)] (b) [Within ten days after the population of this state is reported 36 to the President for each decennial census of the United States or, in the event 37 that a reapportionment has been invalidated by a court of competent jurisdiction, 38 within ten days after such a ruling has been made, the nonpartisan state 39 demographer] The house independent bipartisan citizens commission 40 shall [begin the preparation of legislative districting plans and maps] redistrict 41 the house of representatives using the following methods, listed in order of 42 priority: 43 [a.] (1) Districts shall be [established on the basis of total] as nearly 44 equal as practicable in population[. Legislative districts shall each have a 45 total population as nearly equal as practicable to the ideal population for such 46 districts, determined by dividing the number of districts to be established into the 47 total population of the state], and districts shall be drawn on the basis of 48 one person, one vote, using data reported in the federal decennial 49 census. Districts are as nearly equal as practicable in population if no 50 district deviates by more than one percent from the ideal population of 51 the district, as measured by dividing the number of districts into the 52 statewide population data being used, except that a district may 53 deviate by up to three percent if necessary to follow political 54 subdivision lines consistent with subdivision (4) of this subsection; 55 [b.] (2) Districts shall be established in a manner so as to comply with 56 all requirements of the United States Constitution and applicable federal laws, 57 including, but not limited to, the Voting Rights Act of 1965 (as SJR 38 5 58 amended). [Notwithstanding any other provision of this Article, districts shall 59 not be drawn with the intent or result of denying or abridging the equal 60 opportunity of racial or language minorities to participate in the political process 61 or diminishing their ability to elect representatives of their choice, whether by 62 themselves or by voting in concert with other persons.] The following 63 principles shall take precedence over any other part of this 64 constitution: no district shall be drawn in a manner which results in 65 a denial or abridgment of the right of any citizen of the United States 66 to vote on account of race or color; and no district shall be drawn such 67 that members of any community of citizens protected by the preceding 68 clause have less opportunity than other members of the electorate to 69 participate in the political process and to elect representatives of their 70 choice; 71 [Districts shall be designed in a manner that achieves both partisan 72 fairness and, secondarily, competitiveness. "Partisan fairness" means that parties 73 shall be able to translate their popular support into legislative representation 74 with approximately equal efficiency. "Competitiveness" means that parties' 75 legislative representation shall be substantially and similarly responsive to shifts 76 in the electorate's preferences. 77 To this end, the nonpartisan state demographer shall calculate the average 78 electoral performance of the two parties receiving the most votes in the three 79 preceding elections for governor, for United States Senate, and for President of 80 the United States. This index shall be defined as the total votes received by each 81 party in the three preceding elections for governor, for United States Senate, and 82 for President of the United States, divided by the total votes cast for both parties 83 in these elections. Using this index, the nonpartisan state demographer shall 84 calculate the total number of wasted votes for each party, summing across all of 85 the districts in the plan. "Wasted votes" are votes cast for a losing candidate or 86 for a winning candidate in excess of the fifty percent threshold needed for victory. 87 In any plan of apportionment and map of the proposed districts submitted to the 88 respective apportionment commission, the nonpartisan state demographer shall 89 ensure the difference between the two parties' total wasted votes, divided by the 90 total votes cast for the two parties, is as close to zero as practicable. 91 To promote competitiveness, the nonpartisan state demographer shall use 92 the electoral performance index to simulate elections in which the hypothetical 93 statewide vote shifts by one percent, two percent, three percent, four percent, and SJR 38 6 94 five percent in favor of each party. The vote in each individual district shall be 95 assumed to shift by the same amount as the statewide vote. The nonpartisan 96 state demographer shall ensure that, in each of these simulated elections, the 97 difference between the two parties' total wasted votes, divided by the total votes 98 cast for the two parties, is as close to zero as practicable; 99 c.] (3) Subject to the requirements of [paragraphs a. and b. of this 100 subdivision] subdivisions (1) and (2) of this subsection, districts shall be 101 composed of contiguous territory as compact as may be. Areas which meet 102 only at the points of adjoining corners are not contiguous. In general, compact 103 districts are those which are square, rectangular, or hexagonal in shape 104 to the extent permitted by natural or political boundaries; 105 [d.] (4) To the extent consistent with [paragraphs a. to c. of this 106 subdivision, district boundaries shall coincide with the boundaries of political 107 subdivisions of the state. The number of counties and cities divided among more 108 than one district shall be as small as possible. When there is a choice between 109 dividing local political subdivisions, the more populous subdivisions shall be 110 divided before the less populous, but this preference shall not apply to a 111 legislative district boundary drawn along a county line which passes through a 112 city that lies in more than one county] subdivisions (1) to (3) of this 113 subsection, communities shall be preserved. Districts shall satisfy this 114 requirement if district lines follow political subdivision lines to the 115 extent possible, using the following criteria, in order of priority. First, 116 each county shall wholly contain as many districts as its population 117 allows. Second, if a county wholly contains one or more districts, the 118 remaining population shall be wholly joined in a single district made 119 up of population from outside the county. If a county does not wholly 120 contain a district, then no more than two segments of a county shall be 121 combined with an adjoining county. Third, split counties and county 122 segments, defined as any part of the county that is in a district not 123 wholly within that county, shall each be as few as possible. Fourth, as 124 few municipal lines shall be crossed as possible; 125 [e. Preference shall be that districts are compact in form, but the 126 standards established by paragraphs a. to d. of this subdivision take precedence 127 over compactness where a conflict arises between compactness and these 128 standards. In general, compact districts are those which are square, rectangular, 129 or hexagonal in shape to the extent permitted by natural or political boundaries.] SJR 38 130 7 (5) Districts shall be drawn in a manner that achieves both 131 partisan fairness and, secondarily, competitiveness, but the standards 132 established by subdivisions (1) to (4) of this subsection shall take 133 precedence over partisan fairness and competitiveness. "Partisan 134 fairness" means that parties shall be able to translate their popular 135 support into legislative representation with approximately equal 136 efficiency. "Competitiveness" means that parties' legislative 137 representation shall be substantially and similarly responsive to shifts 138 in the electorate's preferences. 139 To this end, the average electoral performance of the two 140 political parties receiving the most votes in the three preceding general 141 elections for governor, for United States Senate, and for President of 142 the United States shall be calculated. This index shall be defined as the 143 total votes received by each party in the three preceding general 144 elections for governor, for United States Senate, and for President of 145 the United States, divided by the total votes cast for both parties in 146 these elections. Using this index, the total number of wasted votes for 147 each party, summing across all of the districts in the plan shall be 148 calculated. "Wasted votes" are votes cast for a losing candidate or for 149 a winning candidate in excess of the threshold needed for victory. In 150 any redistricting plan and map of the proposed districts, the difference 151 between the two parties' total wasted votes, divided by the total votes 152 cast for the two parties, shall not exceed fifteen percent. 153 To promote competitiveness, the electoral performance index 154 shall be used to simulate elections in which the hypothetical statewide 155 vote shifts by one percent, two percent, three percent, four percent, and 156 five percent in favor of each party. The vote in each individual district 157 shall be assumed to shift by the same amount as the statewide vote. In 158 each of these simulated elections, the difference between the two 159 parties' total wasted votes, divided by the total votes cast for the two 160 parties, shall not exceed fifteen percent. 161 [(2)] (c) Within [sixty] ten days after the population of this state is 162 reported to the President for each decennial census of the United States or, in the 163 event that a [reapportionment] redistricting plan has been invalidated by a 164 court of competent jurisdiction, within [sixty] ten days that such a ruling has 165 been made, the state committee and the congressional district [committee] 166 committees of each of the two political parties casting the highest vote for SJR 38 8 167 governor at the last preceding general election shall meet and the members of 168 [the] each committee shall nominate, by a majority vote of the elected members 169 of the committee present, provided that a majority of the elected members is 170 present, [two] members of their party, residents in that district, in the case of 171 a congressional district committee, as nominees for [reapportionment 172 commissioners] the house independent bipartisan citizens 173 commission. [Neither] No party shall select more than one nominee from any 174 one state legislative district. The congressional district committees shall each 175 submit to the governor their list of two elected nominees. The state 176 committees shall each submit to the governor their list of five elected 177 nominees. Within thirty days thereafter, the governor shall appoint a house 178 independent bipartisan citizens commission consisting of one [name] 179 nominee from each list submitted by each congressional district 180 committee and two nominees from each list submitted by each state 181 committee to [reapportion] redistrict the state into one hundred and 182 sixty-three representative districts and to establish the numbers and boundaries 183 of said districts. No person shall be appointed to both the house 184 independent bipartisan 185 independent bipartisan citizens citizens commission commission and during the the senate same 186 redistricting cycle. 187 If any [of the congressional committees] committee fails to submit a list 188 within such time, the governor shall appoint a member of his or her own choice 189 [from that district and] from the political party of the committee failing to [make 190 the appointment] submit a list, provided that in the case of a 191 congressional district committee failing to submit a list, the person 192 appointed to the commission by the governor shall reside in the 193 congressional district of such committee. 194 Members of the commission shall be disqualified from holding office as 195 members of the general assembly for four years following the date of the filing by 196 the commission of its final [statement of apportionment] redistricting plan. 197 For the purposes of this Article, the term congressional district committee 198 or congressional district refers to the congressional district committee or the 199 congressional district from which a congressman was last elected, or, in the event 200 members of congress from this state have been elected at large, the term 201 congressional district committee refers to those persons who last served as the 202 congressional district committee for those districts from which congressmen were SJR 38 9 203 last elected, and the term congressional district refers to those districts from 204 which congressmen were last elected. Any action pursuant to this section by the 205 congressional district committee shall take place only at duly called meetings, 206 shall be recorded in their official minutes and only members present in person 207 shall be permitted to vote. 208 [(3) Within six months after the population of this state is reported to the 209 President for each decennial census of the United States or, in the event that a 210 reapportionment has been invalidated by a court of competent jurisdiction, within 211 six months after such a ruling has been made, the nonpartisan state demographer 212 shall make public and file with the secretary of state and with the house 213 apportionment commission a tentative plan of apportionment and map of the 214 proposed districts, as well as all demographic and partisan data used in the 215 creation of the plan and map.] 216 (d) The commissioners so selected shall, [within ten days of receiving the 217 tentative plan of apportionment and map of the proposed districts,] on the 218 fifteenth day, excluding Sundays and state holidays, after all members 219 have been appointed, meet in the capitol building and proceed to organize by 220 electing from their number a chairman, vice chairman and secretary. The 221 commission shall adopt an agenda establishing at least three hearing dates on 222 which hearings open to the public shall be held to hear objections or testimony 223 from interested persons. A copy of the agenda shall be filed with the clerk of the 224 house of representatives within twenty-four hours after its adoption. Executive 225 meetings may be scheduled and held as often as the commission deems advisable. 226 [The commission may make changes to the tentative plan of apportionment 227 and map of the proposed districts received from the nonpartisan state 228 demographer provided that such changes are consistent with this section and 229 approved by a vote of at least seven-tenths of the commissioners. If no changes 230 are made or approved as provided for in this subsection, the tentative plan of 231 apportionment and map of proposed districts shall become final. Not later than 232 two months of receiving the tentative plan of apportionment and map of the 233 proposed districts, the commission shall file with the secretary of state a final 234 statement of the numbers and the boundaries of the districts together with a map 235 of the districts.] 236 (e) Not later than five months after the appointment of the 237 commission, the commission shall file with the secretary of state a 238 tentative redistricting plan and map of the proposed districts and SJR 38 10 239 during the ensuing fifteen days shall hold such public hearings as may 240 be necessary to hear objections or testimony of interested persons. The 241 commission shall make public the tentative redistricting plan and map 242 of the proposed districts, as well as all demographic and partisan data 243 used in the creation of the plan and map. 244 (f) Not later than six months after the appointment of the 245 commission, the commission shall file with the secretary of state a final 246 statement of the numbers and the boundaries of the districts together 247 with a map of the districts, and no statement shall be valid unless 248 approved by at least seven-tenths of the members. 249 (g) After the final statement is filed, members of the house of 250 representatives shall be elected according to such districts until a new 251 redistricting plan is made as provided in this section, except that if the 252 final statement is not filed within six months of the time fixed for the 253 appointment of the commission, the commission shall stand discharged 254 and the house of representatives shall be redistricted using the same 255 methods and criteria as described in subsection (b) of this section by 256 a commission of six members appointed from among the judges of the 257 appellate courts of the state of Missouri by the state supreme court, a 258 majority of whom shall sign and file its redistricting plan and map with 259 the secretary of state within ninety days of the date of the discharge of 260 the house independent bipartisan citizens commission. The judicial 261 commission shall make public the tentative redistricting plan and map 262 of the proposed districts, as well as all demographic and partisan data 263 used in the creation of the plan and map. Thereafter, members of the 264 house of representatives shall be elected according to such districts 265 until a redistricting plan is made as provided in this section. 266 (h) Each member of the commission shall receive as compensation fifteen 267 dollars a day for each day the commission is in session but not more than one 268 thousand dollars, and, in addition, shall be reimbursed for his or her actual and 269 necessary expenses incurred while serving as a member of the commission. 270 271 272 (i) No [reapportionment] redistricting plan shall be subject to the referendum. (j) Any action expressly or implicitly alleging that a redistricting 273 plan violates this Constitution, federal law, or the United States 274 Constitution shall be filed in the circuit court of Cole County and shall 275 name the body that approved the challenged redistricting plan as a SJR 38 11 276 defendant. Only an eligible Missouri voter who sustains an individual 277 injury by virtue of residing in a district that exhibits the alleged 278 violation, and whose injury is remedied by a differently drawn district, 279 shall have standing. If the court renders a judgment in which it finds 280 that a completed redistricting plan exhibits the alleged violation, its 281 judgment shall adjust only those districts, and only those parts of 282 district boundaries, necessary to bring the map into compliance. The 283 supreme court shall have exclusive appellate jurisdiction upon the 284 filing of a notice of appeal within ten days after the judgment has 285 become final. Section 7. (a) [Within ten days after the population of this state is 2 reported to the President for each decennial census of the United States or, in the 3 event that a reapportionment has been invalidated by a court of competent 4 jurisdiction, within ten days after such a ruling has been made, the nonpartisan 5 state demographer authorized in Article III, Section 3 shall begin the preparation 6 of senatorial districting plans and maps using the same methods and criteria as 7 those required by Article III, Section 3 for the establishment of districts for the 8 house of representatives. 9 (b)] Within [sixty] ten days after the population of this state is reported 10 to the President for each decennial census of the United States, or within [sixty] 11 ten days after a [reapportionment] redistricting plan has been invalidated by 12 a court of competent jurisdiction, the state committee and the congressional 13 district committees of each of the two political parties casting the highest vote 14 for governor at the last preceding general election shall[, at a committee meeting 15 duly called, select by a vote of the individual committee members, and thereafter 16 submit to the governor a list of ten persons, and] meet and the members of 17 each committee shall nominate, by a majority vote of the elected 18 members of the committee present, provided that a majority of the 19 elected members is present, members of their party, residents in that 20 district, in the case of a congressional district committee, as nominees 21 for the senate independent bipartisan citizens commission. No party 22 shall select more than one nominee from any one state legislative 23 district. The congressional district committees shall each submit to the 24 governor their list of two elected nominees. The state committees shall 25 each submit to the governor their list of five elected nominees. Within 26 thirty days thereafter the governor shall appoint a senate independent SJR 38 12 27 bipartisan citizens commission consisting of [ten members, five] two 28 nominees from each list submitted by each state committee and one 29 nominee from each list submitted by each congressional district 30 committee, to [reapportion] redistrict the thirty-four senatorial districts and 31 to establish the numbers and boundaries of said districts. No person shall be 32 appointed to both the house independent bipartisan citizens 33 commission and the senate independent bipartisan citizens commission 34 during the same redistricting cycle. 35 If [either of the party committees] any committee fails to submit a list 36 within such time, the governor shall appoint [five members] a member of his or 37 her own choice from the political party of the committee [so] failing to [act] 38 submit a list, provided that in the case of a congressional district 39 committee failing to submit a list, the person appointed to the 40 commission by the governor shall reside in the congressional district 41 of such committee. 42 Members of the commission shall be disqualified from holding office as 43 members of the general assembly for four years following the date of the filing by 44 the commission of its final [statement of apportionment] redistricting plan. 45 [(c) Within six months after the population of this state is reported to the 46 President for each decennial census of the United States or in the event that a 47 reapportionment has been invalidated by a court of competent jurisdiction, within 48 six months after such a ruling has been made, the nonpartisan state demographer 49 shall file with the secretary of state and with the senatorial apportionment 50 commission a tentative plan of apportionment and map of the proposed districts.] 51 (b) The commissioners so selected shall [within ten days of receiving the 52 tentative plan of apportionment and map of the proposed districts required by 53 this subsection], on the fifteenth day, excluding Sundays and state 54 holidays, after all members have been appointed, meet in the capitol 55 building and proceed to organize by electing from their number a chairman, vice 56 chairman and secretary. The commission shall adopt an agenda establishing at 57 least three hearing dates on which hearings open to the public shall be held to 58 hear objections or testimony from interested persons. A copy of the agenda shall 59 be filed with the secretary of the senate within twenty-four hours after its 60 adoption. Executive meetings may be scheduled and held as often as the 61 commission deems advisable. [The commission may make changes to the 62 tentative plan of apportionment and map of the proposed districts received from SJR 38 13 63 the nonpartisan state demographer provided that such changes are consistent 64 with this section and the methods and criteria required by Section 3 of this 65 Article for the establishment of districts for the house of representatives and 66 approved by a vote of at least seven-tenths of the commissioners. If no changes 67 are made or approved as provided for in this subsection, the tentative plan of 68 apportionment and map of proposed districts shall become final. Not later than 69 two months after receiving the tentative plan of apportionment and map of the 70 proposed districts, the commission shall file with the secretary of state a final 71 statement of the numbers and the boundaries of the districts together with a map 72 of the districts.] 73 (c) The senate independent bipartisan citizens commission shall 74 redistrict the senate using the same methods and criteria as those 75 required by subsection (b), section 3 of this article for the redistricting 76 of the house of representatives. 77 (d) Not later than five months after the appointment of the 78 senate independent bipartisan citizens commission, the commission 79 shall file with the secretary of state a tentative redistricting plan and 80 map of the proposed districts and during the ensuing fifteen days shall 81 hold such public hearings as may be necessary to hear objections or 82 testimony of interested persons. The commission shall make public the 83 tentative redistricting plan and map of the proposed districts, as well 84 as all demographic and partisan data used in the creation of the plan 85 and map. 86 (e) Not later than six months after the appointment of the 87 commission, the commission shall file with the secretary of state a final 88 statement of the numbers and the boundaries of the districts together 89 with a map of the districts, and no statement shall be valid unless 90 approved by at least seven-tenths of the members. 91 (f) After the final statement is filed, senators shall be elected 92 according to such districts until a new redistricting plan is made as 93 provided in this section, except that if the final statement is not filed 94 within six months of the time fixed for the appointment of the 95 commission, the commission shall stand discharged and the senate shall 96 be redistricted using the same methods and criteria as described in 97 subsection (b) of section 3 of this article by a commission of six 98 members appointed from among the judges of the appellate courts of 99 the state of Missouri by the state supreme court, a majority of whom SJR 38 14 100 shall sign and file its redistricting plan and map with the secretary of 101 state within ninety days of the date of the discharge of the senate 102 independent bipartisan citizens commission. The judicial commission 103 shall make public the tentative redistricting plan and map of the 104 proposed districts, as well as all demographic and partisan data used 105 in the creation of the plan and map. Thereafter, senators shall be 106 elected according to such districts until a redistricting plan is made as 107 provided in this section. 108 (g) Each member of the commission shall receive as compensation fifteen 109 dollars a day for each day the commission is in session, but not more than one 110 thousand dollars, and, in addition, shall be reimbursed for his or her actual and 111 necessary expenses incurred while serving as a member of the commission. 112 113 114 (h) No [reapportionment] redistricting plan shall be subject to the referendum. (i) Any action expressly or implicitly alleging that a redistricting 115 plan violates this Constitution, federal law, or the United States 116 Constitution shall be filed in the circuit court of Cole County and shall 117 name the body that approved the challenged redistricting plan as a 118 defendant. Only an eligible Missouri voter who sustains an individual 119 injury by virtue of residing in a district that exhibits the alleged 120 violation, and whose injury is remedied by a differently drawn district, 121 shall have standing. If the court renders a judgment in which it finds 122 that a completed redistricting plan exhibits the alleged violation, its 123 judgment shall adjust only those districts, and only those parts of 124 district boundaries, necessary to bring the map into compliance. The 125 supreme court shall have exclusive appellate jurisdiction upon the 126 filing of a notice of appeal within ten days after the judgment has 127 become final. Section 10(a). The general assembly may enact laws ensuring the 2 public availability of all records relating to the redistricting process 3 under sections 3 and 7 of this article. Section B. Pursuant to chapter 116, and other applicable constitutional 2 provisions and laws of this state allowing the general assembly to adopt ballot 3 language for the submission of this joint resolution to the voters of this state, the 4 official summary statement of this resolution shall be as follows: 5 "Shall the Missouri Constitution be amended to: 6 • Ban lobbyist gifts to legislators and their employees; SJR 38 15 7 • Reduce campaign contribution limits; 8 • Create citizen-led independent bipartisan commissions to 9 draw state legislative districts based on equal population, 10 following the U.S. Constitution, federal law, and other 11 criteria, including preserving communities, compactness, 12 fairness, and competitiveness?" T Exhibit 3 SECOND REGULAR SESSION [TRULY AGREED TO AND FINALLY PASSED] SENATE SUBSTITUTE NO. 3 FOR SENATE JOINT RESOLUTION NO. 38 100TH GENERAL ASSEMBLY 2020 4110S.08T JOINT RESOLUTION Submitting to the qualified voters of Missouri, an amendment repealing sections 2, 3, and 7 of article III of the Constitution of Missouri, and adopting three new sections in lieu thereof relating to regulating the legislature to limit the influence of partisan or other special interests. Be it resolved by the Senate, the House of Representatives concurring therein: That at the next general election to be held in the state of Missouri, on 2 Tuesday next following the first Monday in November, 2020, or at a special 3 election to be called by the governor for that purpose, there is hereby submitted 4 to the qualified voters of this state, for adoption or rejection, the following 5 amendment to article III of the Constitution of the state of Missouri: Section A. Sections 2, 3, and 7, article III, Constitution of Missouri, are 2 repealed and three new sections adopted in lieu thereof, to be known as sections 3 2, 3, and 7, to read as follows: Section 2. (a) After December 6, 2018, no person serving as a member of 2 or employed by the general assembly shall act or serve as a paid lobbyist, register 3 as a paid lobbyist, or solicit prospective employers or clients to represent as a 4 paid lobbyist during the time of such service until the expiration of two calendar 5 years after the conclusion of the session of the general assembly in which the 6 member or employee last served and where such service was after December 6, 7 2018. 8 (b) No person serving as a member of or employed by the general 9 assembly shall accept directly or indirectly a gift of any tangible or intangible 10 item, service, or thing of value from any paid lobbyist or lobbyist principal [in 11 excess of five dollars per occurrence]. This Article shall not prevent candidates EXPLANATION--Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law. SS#3 SJR 38 2 12 for the general assembly, including candidates for reelection, or candidates for 13 offices within the senate or house from accepting campaign contributions 14 consistent with this Article and applicable campaign finance law. Nothing in this 15 section shall prevent individuals from receiving gifts, family support or anything 16 of value from those related to them within the fourth degree by blood or 17 marriage. [The dollar limitations of this section shall be increased or decreased 18 each year by the percentage of increase or decrease from the end of the previous 19 calendar year of the Consumer Price Index, or successor index as published by the 20 U.S. Department of Labor, or its successor agency, and rounded to the nearest 21 dollar amount.] 22 (c) The general assembly shall make no law authorizing unlimited 23 campaign contributions to candidates for the general assembly, nor any law that 24 circumvents the contribution limits contained in this Constitution. In addition 25 to other campaign contribution limitations or restrictions provided for by law, the 26 amount of contributions made to or accepted by any candidate or candidate 27 committee from any person other than the candidate in any one election [for the 28 general assembly] to the office of state representative or state senator 29 shall not exceed the following: 30 (1) To elect an individual to the office of state senator, two thousand [five] 31 four hundred dollars; and 32 (2) To elect an individual to the office of state representative, two 33 thousand dollars. 34 The contribution limits and other restrictions of this section shall also 35 apply to any person exploring a candidacy for [a public office listed in this 36 37 subsection] the office of state representative or state senator. [For purposes of this subsection, "base year amount" shall be the 38 contribution limits prescribed in this section. Contribution limits set forth herein 39 shall be adjusted on the first day of January in each even-numbered year 40 hereafter by multiplying the base year amount by the cumulative Consumer Price 41 Index and rounded to the nearest dollar amount, for all years after 2018.] 42 (d) No contribution to a candidate for legislative office shall be made or 43 accepted, directly or indirectly, in a fictitious name, in the name of another 44 person, or by or through another person in such a manner as to, or with the 45 intent to, conceal the identity of the actual source of the contribution. There shall 46 be a rebuttable presumption that a contribution to a candidate for public office 47 is made or accepted with the intent to circumvent the limitations on contributions SS#3 SJR 38 3 48 imposed in this section when a contribution is received from a committee or 49 organization that is primarily funded by a single person, individual, or other 50 committee that has already reached its contribution limit under any law relating 51 to contribution limitations. A committee or organization shall be deemed to be 52 primarily funded by a single person, individual, or other committee when the 53 committee or organization receives more than fifty percent of its annual funding 54 from that single person, individual, or other committee. 55 (e) In no circumstance shall a candidate be found to have violated limits 56 on acceptance of contributions if the Missouri ethics commission, its successor 57 agency, or a court determines that a candidate has taken no action to indicate 58 acceptance of or acquiescence to the making of an expenditure that is deemed a 59 contribution pursuant to this section. 60 (f) No candidate shall accept contributions from any federal political 61 action committee unless the committee has filed the same financial disclosure 62 reports that would be required of a Missouri political action committee. Section 3. (a) [There is hereby established the post of "Nonpartisan State 2 Demographer". The nonpartisan state demographer shall acquire appropriate 3 information to develop procedures in preparation for drawing legislative 4 redistricting maps on the basis of each federal census for presentation to the 5 house apportionment commission and the senatorial apportionment commission. 6 (b) The nonpartisan state demographer shall be selected through the 7 following process. First, state residents may apply for selection to the state 8 auditor using an application developed by the state auditor to determine an 9 applicant's qualifications and expertise relevant to the position. Second, the state 10 auditor shall deliver to the majority leader and minority leader of the senate a 11 list of at least three applicants with sufficient expertise and qualifications, as 12 determined by the state auditor, to perform the duties of the nonpartisan state 13 demographer. Third, if the majority leader and minority leader of the senate 14 together agree that a specific applicant should be selected to be the nonpartisan 15 state demographer, that applicant shall be selected and the selection process shall 16 cease. Fourth, if the majority leader and minority leader of the senate cannot 17 together agree on an applicant, they may each remove a number of applicants on 18 the state auditor's list equal to one-third of the total number of applicants on that 19 list, rounded down to the next integer, and the state auditor shall then conduct 20 a random lottery of the applicants remaining after removal to select the 21 nonpartisan state demographer. The state auditor shall prescribe a time frame SS#3 SJR 38 4 22 and deadlines for this application and selection process that both encourages 23 numerous qualified applicants and avoids delay in selection. The nonpartisan 24 state demographer shall serve a term of five years and may be reappointed. To 25 be eligible for the nonpartisan state demographer position, an individual shall not 26 have served in a partisan, elected position for four years prior to the 27 appointment. The nonpartisan state demographer shall be disqualified from 28 holding office as a member of the general assembly for four years following the 29 date of the presentation of his or her most recent legislative redistricting map to 30 the house apportionment commission or the senatorial apportionment 31 commission. 32 (c)] The house of representatives shall consist of one hundred sixty-three 33 members elected at each general election and [apportioned] redistricted as 34 provided in this section. 35 [(1)] (b) [Within ten days after the population of this state is reported 36 to the President for each decennial census of the United States or, in the event 37 that a reapportionment has been invalidated by a court of competent jurisdiction, 38 within ten days after such a ruling has been made, the nonpartisan state 39 demographer] The house independent bipartisan citizens commission 40 shall [begin the preparation of legislative districting plans and maps] redistrict 41 the house of representatives using the following methods, listed in order of 42 priority: 43 [a.] (1) Districts shall be [established on the basis of total] as nearly 44 equal as practicable in population[. Legislative districts shall each have a 45 total population as nearly equal as practicable to the ideal population for such 46 districts, determined by dividing the number of districts to be established into the 47 total population of the state reported in the federal decennial census], and shall 48 be drawn on the basis of one person, one vote. Districts are as nearly 49 equal as practicable in population if no district deviates by more than 50 one percent from the ideal population of the district, as measured by 51 dividing the number of districts into the statewide population data 52 being used, except that a district may deviate by up to three percent if 53 necessary to follow political subdivision lines consistent with 54 subdivision (4) of this subsection; 55 [b.] (2) Districts shall be established in a manner so as to comply with 56 all requirements of the United States Constitution and applicable federal laws, 57 including, but not limited to, the Voting Rights Act of 1965 (as SS#3 SJR 38 5 58 amended). [Notwithstanding any other provision of this Article, districts shall 59 not be drawn with the intent or result of denying or abridging the equal 60 opportunity of racial or language minorities to participate in the political process 61 or diminishing their ability to elect representatives of their choice, whether by 62 themselves or by voting in concert with other persons.] The following 63 principles shall take precedence over any other part of this 64 constitution: no district shall be drawn in a manner which results in a 65 denial or abridgment of the right of any citizen of the United States to 66 vote on account of race or color; and no district shall be drawn such 67 that members of any community of citizens protected by the preceding 68 clause have less opportunity than other members of the electorate to 69 participate in the political process and to elect representatives of their 70 choice; 71 [Districts shall be designed in a manner that achieves both partisan 72 fairness and, secondarily, competitiveness. "Partisan fairness" means that parties 73 shall be able to translate their popular support into legislative representation 74 with approximately equal efficiency. "Competitiveness" means that parties' 75 legislative representation shall be substantially and similarly responsive to shifts 76 in the electorate's preferences. 77 To this end, the nonpartisan state demographer shall calculate the average 78 electoral performance of the two parties receiving the most votes in the three 79 preceding elections for governor, for United States Senate, and for President of 80 the United States. This index shall be defined as the total votes received by each 81 party in the three preceding elections for governor, for United States Senate, and 82 for President of the United States, divided by the total votes cast for both parties 83 in these elections. Using this index, the nonpartisan state demographer shall 84 calculate the total number of wasted votes for each party, summing across all of 85 the districts in the plan. "Wasted votes" are votes cast for a losing candidate or 86 for a winning candidate in excess of the fifty percent threshold needed for victory. 87 In any plan of apportionment and map of the proposed districts submitted to the 88 respective apportionment commission, the nonpartisan state demographer shall 89 ensure the difference between the two parties' total wasted votes, divided by the 90 total votes cast for the two parties, is as close to zero as practicable. 91 To promote competitiveness, the nonpartisan state demographer shall use 92 the electoral performance index to simulate elections in which the hypothetical 93 statewide vote shifts by one percent, two percent, three percent, four percent, and SS#3 SJR 38 6 94 five percent in favor of each party. The vote in each individual district shall be 95 assumed to shift by the same amount as the statewide vote. The nonpartisan 96 state demographer shall ensure that, in each of these simulated elections, the 97 difference between the two parties' total wasted votes, divided by the total votes 98 cast for the two parties, is as close to zero as practicable; 99 c.] (3) Subject to the requirements of [paragraphs a. and b. of this 100 subdivision] subdivisions (1) and (2) of this subsection, districts shall be 101 composed of contiguous territory as compact as may be. Areas which meet 102 only at the points of adjoining corners are not contiguous. In general, compact 103 districts are those which are square, rectangular, or hexagonal in shape 104 to the extent permitted by natural or political boundaries; 105 [d.] (4) To the extent consistent with [paragraphs a. to c. of this 106 subdivision, district boundaries shall coincide with the boundaries of political 107 subdivisions of the state. The number of counties and cities divided among more 108 than one district shall be as small as possible. When there is a choice between 109 dividing local political subdivisions, the more populous subdivisions shall be 110 divided before the less populous, but this preference shall not apply to a 111 legislative district boundary drawn along a county line which passes through a 112 city that lies in more than one county] subdivisions (1) to (3) of this 113 subsection, communities shall be preserved. Districts shall satisfy this 114 requirement if district lines follow political subdivision lines to the 115 extent possible, using the following criteria, in order of priority. First, 116 each county shall wholly contain as many districts as its population 117 allows. Second, if a county wholly contains one or more districts, the 118 remaining population shall be wholly joined in a single district made 119 up of population from outside the county. If a county does not wholly 120 contain a district, then no more than two segments of a county shall be 121 combined with an adjoining county. Third, split counties and county 122 segments, defined as any part of the county that is in a district not 123 wholly within that county, shall each be as few as possible. Fourth, as 124 few municipal lines shall be crossed as possible; 125 [e. Preference shall be that districts are compact in form, but the 126 standards established by paragraphs a. to d. of this subdivision take precedence 127 over compactness where a conflict arises between compactness and these 128 standards. In general, compact districts are those which are square, rectangular, 129 or hexagonal in shape to the extent permitted by natural or political boundaries.] SS#3 SJR 38 130 7 (5) Districts shall be drawn in a manner that achieves both 131 partisan fairness and, secondarily, competitiveness, but the standards 132 established by subdivisions (1) to (4) of this subsection shall take 133 precedence over partisan fairness and competitiveness. "Partisan 134 fairness" means that parties shall be able to translate their popular 135 support into legislative representation with approximately equal 136 efficiency. "Competitiveness" means that parties' legislative 137 representation shall be substantially and similarly responsive to shifts 138 in the electorate's preferences. 139 To this end, the average electoral performance of the two 140 political parties receiving the most votes in the three preceding general 141 elections for governor, for United States Senate, and for President of 142 the United States shall be calculated. This index shall be defined as the 143 total votes received by each party in the three preceding general 144 elections for governor, for United States Senate, and for President of 145 the United States, divided by the total votes cast for both parties in 146 these elections. Using this index, the total number of wasted votes for 147 each party, summing across all of the districts in the plan shall be 148 calculated. "Wasted votes" are votes cast for a losing candidate or for 149 a winning candidate in excess of the threshold needed for victory. In 150 any redistricting plan and map of the proposed districts, the difference 151 between the two parties' total wasted votes, divided by the total votes 152 cast for the two parties, shall not exceed fifteen percent. 153 To promote competitiveness, the electoral performance index 154 shall be used to simulate elections in which the hypothetical statewide 155 vote shifts by one percent, two percent, three percent, four percent, and 156 five percent in favor of each party. The vote in each individual district 157 shall be assumed to shift by the same amount as the statewide vote. In 158 each of these simulated elections, the difference between the two 159 parties' total wasted votes, divided by the total votes cast for the two 160 parties, shall not exceed fifteen percent. 161 [(2)] (c) Within sixty days after the population of this state is reported 162 to the President for each decennial census of the United States or, in the event 163 that a [reapportionment] redistricting plan has been invalidated by a court of 164 competent jurisdiction, within sixty days that such a ruling has been made, the 165 state committee and the congressional district [committee] committees of 166 each of the two political parties casting the highest vote for governor at the last SS#3 SJR 38 8 167 preceding general election shall meet and the members of [the] each committee 168 shall nominate, by a majority vote of the elected members of the committee 169 present, provided that a majority of the elected members is present, [two] 170 members of their party, residents in that district, in the case of a 171 congressional district committee, as nominees for [reapportionment 172 commissioners] the house independent bipartisan citizens 173 commission. [Neither] No party shall select more than one nominee from any 174 one state legislative district. The congressional district committees shall each 175 submit to the governor their list of two elected nominees. The state 176 committees shall each submit to the governor their list of five elected 177 nominees. Within thirty days thereafter, the governor shall appoint a house 178 independent bipartisan citizens commission consisting of one [name] 179 nominee from each list submitted by each congressional district 180 committee and two nominees from each list submitted by each state 181 committee to [reapportion] redistrict the state into one hundred and 182 sixty-three representative districts and to establish the numbers and boundaries 183 of said districts. No person shall be appointed to both the house 184 independent bipartisan 185 independent bipartisan citizens citizens commission commission and during the the senate same 186 redistricting cycle. 187 If any [of the congressional committees] committee fails to submit a list 188 within such time, the governor shall appoint a member of his or her own choice 189 [from that district and] from the political party of the committee failing to [make 190 the appointment] submit a list, provided that in the case of a 191 congressional district committee failing to submit a list, the person 192 appointed to the commission by the governor shall reside in the 193 congressional district of such committee. 194 Members of the commission shall be disqualified from holding office as 195 members of the general assembly for four years following the date of the filing by 196 the commission of its final [statement of apportionment] redistricting plan. 197 For the purposes of this Article, the term congressional district committee 198 or congressional district refers to the congressional district committee or the 199 congressional district from which a congressman was last elected, or, in the event 200 members of congress from this state have been elected at large, the term 201 congressional district committee refers to those persons who last served as the 202 congressional district committee for those districts from which congressmen were SS#3 SJR 38 9 203 last elected, and the term congressional district refers to those districts from 204 which congressmen were last elected. Any action pursuant to this section by the 205 congressional district committee shall take place only at duly called meetings, 206 shall be recorded in their official minutes and only members present in person 207 shall be permitted to vote. 208 [(3) Within six months after the population of this state is reported to the 209 President for each decennial census of the United States or, in the event that a 210 reapportionment has been invalidated by a court of competent jurisdiction, within 211 six months after such a ruling has been made, the nonpartisan state demographer 212 shall make public and file with the secretary of state and with the house 213 apportionment commission a tentative plan of apportionment and map of the 214 proposed districts, as well as all demographic and partisan data used in the 215 creation of the plan and map.] 216 (d) The commissioners so selected shall, [within ten days of receiving the 217 tentative plan of apportionment and map of the proposed districts,] on the 218 fifteenth day, excluding Sundays and state holidays, after all members 219 have been appointed, meet in the capitol building and proceed to organize by 220 electing from their number a chairman, vice chairman and secretary. The 221 commission shall adopt an agenda establishing at least three hearing dates on 222 which hearings open to the public shall be held to hear objections or testimony 223 from interested persons. A copy of the agenda shall be filed with the clerk of the 224 house of representatives within twenty-four hours after its adoption. Executive 225 meetings may be scheduled and held as often as the commission deems advisable. 226 [The commission may make changes to the tentative plan of apportionment 227 and map of the proposed districts received from the nonpartisan state 228 demographer provided that such changes are consistent with this section and 229 approved by a vote of at least seven-tenths of the commissioners. If no changes 230 are made or approved as provided for in this subsection, the tentative plan of 231 apportionment and map of proposed districts shall become final. Not later than 232 two months of receiving the tentative plan of apportionment and map of the 233 proposed districts, the commission shall file with the secretary of state a final 234 statement of the numbers and the boundaries of the districts together with a map 235 of the districts.] 236 (e) Not later than five months after the appointment of the 237 commission, the commission shall file with the secretary of state a 238 tentative redistricting plan and map of the proposed districts and SS#3 SJR 38 10 239 during the ensuing fifteen days shall hold such public hearings as may 240 be necessary to hear objections or testimony of interested persons. The 241 commission shall make public the tentative redistricting plan and map 242 of the proposed districts, as well as all demographic and partisan data 243 used in the creation of the plan and map. 244 (f) Not later than six months after the appointment of the 245 commission, the commission shall file with the secretary of state a final 246 statement of the numbers and the boundaries of the districts together 247 with a map of the districts, and no statement shall be valid unless 248 approved by at least seven-tenths of the members. 249 (g) After the final statement is filed, members of the house of 250 representatives shall be elected according to such districts until a new 251 redistricting plan is made as provided in this section, except that if the 252 final statement is not filed within six months of the time fixed for the 253 appointment of the commission, the commission shall stand discharged 254 and the house of representatives shall be redistricted using the same 255 methods and criteria as described in subsection (b) of this section by 256 a commission of six members appointed from among the judges of the 257 appellate courts of the state of Missouri by the state supreme court, a 258 majority of whom shall sign and file its redistricting plan and map with 259 the secretary of state within ninety days of the date of the discharge of 260 the house independent bipartisan citizens commission. The judicial 261 commission shall make public the tentative redistricting plan and map 262 of the proposed districts, as well as all demographic and partisan data 263 used in the creation of the plan and map. Thereafter, members of the 264 house of representatives shall be elected according to such districts 265 until a redistricting plan is made as provided in this section. 266 (h) Each member of the commission shall receive as compensation fifteen 267 dollars a day for each day the commission is in session but not more than one 268 thousand dollars, and, in addition, shall be reimbursed for his or her actual and 269 necessary expenses incurred while serving as a member of the commission. 270 271 272 (i) No [reapportionment] redistricting plan shall be subject to the referendum. (j) Any action expressly or implicitly alleging that a redistricting 273 plan violates this Constitution, federal law, or the United States 274 Constitution shall be filed in the circuit court of Cole County and shall 275 name the body that approved the challenged redistricting plan as a SS#3 SJR 38 11 276 defendant. Only an eligible Missouri voter who sustains an individual 277 injury by virtue of residing in a district that exhibits the alleged 278 violation, and whose injury is remedied by a differently drawn district, 279 shall have standing. If the court renders a judgment in which it finds 280 that a completed redistricting plan exhibits the alleged violation, its 281 judgment shall adjust only those districts, and only those parts of 282 district boundaries, necessary to bring the map into compliance. The 283 supreme court shall have exclusive appellate jurisdiction upon the 284 filing of a notice of appeal within ten days after the judgment has 285 become final. Section 7. (a) [Within ten days after the population of this state is 2 reported to the President for each decennial census of the United States or, in the 3 event that a reapportionment has been invalidated by a court of competent 4 jurisdiction, within ten days after such a ruling has been made, the nonpartisan 5 state demographer authorized in Article III, Section 3 shall begin the preparation 6 of senatorial districting plans and maps using the same methods and criteria as 7 those required by Article III, Section 3 for the establishment of districts for the 8 house of representatives. 9 (b)] Within sixty days after the population of this state is reported to the 10 President for each decennial census of the United States, or within sixty days 11 after a [reapportionment] redistricting plan has been invalidated by a court 12 of competent jurisdiction, the state committee and the congressional district 13 committees of each of the two political parties casting the highest vote for 14 governor at the last preceding general election shall[, at a committee meeting 15 duly called, select by a vote of the individual committee members, and thereafter 16 submit to the governor a list of ten persons, and] meet and the members of 17 each committee shall nominate, by a majority vote of the elected 18 members of the committee present, provided that a majority of the 19 elected members is present, members of their party, residents in that 20 district, in the case of a congressional district committee, as nominees 21 for the senate independent bipartisan citizens commission. No party 22 shall select more than one nominee from any one state legislative 23 district. The congressional district committees shall each submit to the 24 governor their list of two elected nominees. The state committees shall 25 each submit to the governor their list of five elected nominees. Within 26 thirty days thereafter the governor shall appoint a senate independent SS#3 SJR 38 12 27 bipartisan citizens commission consisting of [ten members, five] two 28 nominees from each list submitted by each state committee and one 29 nominee from each list submitted by each congressional district 30 committee, to [reapportion] redistrict the thirty-four senatorial districts and 31 to establish the numbers and boundaries of said districts. No person shall be 32 appointed to both the house independent bipartisan citizens 33 commission and the senate independent bipartisan citizens commission 34 during the same redistricting cycle. 35 If [either of the party committees] any committee fails to submit a list 36 within such time, the governor shall appoint [five members] a member of his or 37 her own choice from the political party of the committee [so] failing to [act] 38 submit a list, provided that in the case of a congressional district 39 committee failing to submit a list, the person appointed to the 40 commission by the governor shall reside in the congressional district 41 of such committee. 42 Members of the commission shall be disqualified from holding office as 43 members of the general assembly for four years following the date of the filing by 44 the commission of its final [statement of apportionment] redistricting plan. 45 [(c) Within six months after the population of this state is reported to the 46 President for each decennial census of the United States or in the event that a 47 reapportionment has been invalidated by a court of competent jurisdiction, within 48 six months after such a ruling has been made, the nonpartisan state demographer 49 shall file with the secretary of state and with the senatorial apportionment 50 commission a tentative plan of apportionment and map of the proposed districts.] 51 (b) The commissioners so selected shall [within ten days of receiving the 52 tentative plan of apportionment and map of the proposed districts required by 53 this subsection], on the fifteenth day, excluding Sundays and state 54 holidays, after all members have been appointed, meet in the capitol 55 building and proceed to organize by electing from their number a chairman, vice 56 chairman and secretary. The commission shall adopt an agenda establishing at 57 least three hearing dates on which hearings open to the public shall be held to 58 hear objections or testimony from interested persons. A copy of the agenda shall 59 be filed with the secretary of the senate within twenty-four hours after its 60 adoption. Executive meetings may be scheduled and held as often as the 61 commission deems advisable. [The commission may make changes to the 62 tentative plan of apportionment and map of the proposed districts received from SS#3 SJR 38 13 63 the nonpartisan state demographer provided that such changes are consistent 64 with this section and the methods and criteria required by Section 3 of this 65 Article for the establishment of districts for the house of representatives and 66 approved by a vote of at least seven-tenths of the commissioners. If no changes 67 are made or approved as provided for in this subsection, the tentative plan of 68 apportionment and map of proposed districts shall become final. Not later than 69 two months after receiving the tentative plan of apportionment and map of the 70 proposed districts, the commission shall file with the secretary of state a final 71 statement of the numbers and the boundaries of the districts together with a map 72 of the districts.] 73 (c) The senate independent bipartisan citizens commission shall 74 redistrict the senate using the same methods and criteria as those 75 required by subsection (b), section 3 of this article for the redistricting 76 of the house of representatives. 77 (d) Not later than five months after the appointment of the 78 senate independent bipartisan citizens commission, the commission 79 shall file with the secretary of state a tentative redistricting plan and 80 map of the proposed districts and during the ensuing fifteen days shall 81 hold such public hearings as may be necessary to hear objections or 82 testimony of interested persons. The commission shall make public the 83 tentative redistricting plan and map of the proposed districts, as well 84 as all demographic and partisan data used in the creation of the plan 85 and map. 86 (e) Not later than six months after the appointment of the 87 commission, the commission shall file with the secretary of state a final 88 statement of the numbers and the boundaries of the districts together 89 with a map of the districts, and no statement shall be valid unless 90 approved by at least seven-tenths of the members. 91 (f) After the final statement is filed, senators shall be elected 92 according to such districts until a new redistricting plan is made as 93 provided in this section, except that if the final statement is not filed 94 within six months of the time fixed for the appointment of the 95 commission, the commission shall stand discharged and the senate shall 96 be redistricted using the same methods and criteria as described in 97 subsection (b) of section 3 of this article by a commission of six 98 members appointed from among the judges of the appellate courts of 99 the state of Missouri by the state supreme court, a majority of whom SS#3 SJR 38 14 100 shall sign and file its redistricting plan and map with the secretary of 101 state within ninety days of the date of the discharge of the senate 102 independent bipartisan citizens commission. The judicial commission 103 shall make public the tentative redistricting plan and map of the 104 proposed districts, as well as all demographic and partisan data used 105 in the creation of the plan and map. Thereafter, senators shall be 106 elected according to such districts until a redistricting plan is made as 107 provided in this section. 108 (g) Each member of the commission shall receive as compensation fifteen 109 dollars a day for each day the commission is in session, but not more than one 110 thousand dollars, and, in addition, shall be reimbursed for his or her actual and 111 necessary expenses incurred while serving as a member of the commission. 112 113 114 (h) No [reapportionment] redistricting plan shall be subject to the referendum. (i) Any action expressly or implicitly alleging that a redistricting 115 plan violates this Constitution, federal law, or the United States 116 Constitution shall be filed in the circuit court of Cole County and shall 117 name the body that approved the challenged redistricting plan as a 118 defendant. Only an eligible Missouri voter who sustains an individual 119 injury by virtue of residing in a district that exhibits the alleged 120 violation, and whose injury is remedied by a differently drawn district, 121 shall have standing. If the court renders a judgment in which it finds 122 that a completed redistricting plan exhibits the alleged violation, its 123 judgment shall adjust only those districts, and only those parts of 124 district boundaries, necessary to bring the map into compliance. The 125 supreme court shall have exclusive appellate jurisdiction upon the 126 filing of a notice of appeal within ten days after the judgment has 127 become final. Section B. Pursuant to chapter 116, and other applicable constitutional 2 provisions and laws of this state allowing the general assembly to adopt ballot 3 language for the submission of this joint resolution to the voters of this state, the 4 official summary statement of this resolution shall be as follows: 5 "Shall the Missouri Constitution be amended to: 6 • Ban all lobbyist gifts to legislators and their employees; 7 • Reduce legislative campaign contribution limits; and 8 • Create citizen-led independent bipartisan commissions to SS#3 SJR 38 9 15 draw state legislative districts based on one person, one 10 vote, minority voter 11 competitiveness, fairness, and other criteria?" T protecti on, compactness, Exhibit 4 COMMITTEE ON LEGISLATIVE RESEARCH OVERSIGHT DIVISION FISCAL NOTE L.R. No.: Bill No.: Subject: 4110-08 Perfected SS#3 for SJR 38 Constitutional Amendments; Ethics; General Assembly; Redistricting; Sunshine Law Original February 4, 2020 Type: Date: Bill Summary: This proposal modifies provisions regulating the legislature to limit the influence of partisan or other special interests. FISCAL SUMMARY ESTIMATED NET EFFECT ON GENERAL REVENUE FUND FUND AFFECTED General Revenue Total Estimated Net Effect on General Revenue FY 2021 FY 2022 FY 2023 $0 or (More than $7,800,000) $0 or $100,000 $0 or $100,000 $0 or (More than $7,800,000) $0 or $100,000 $0 or $100,000 ESTIMATED NET EFFECT ON OTHER STATE FUNDS FUND AFFECTED FY 2021 Total Estimated Net Effect on Other State Funds $0 Numbers within parentheses: ( ) indicate costs or losses. This fiscal note contains 7 pages. FY 2022 FY 2023 $0 $0 L.R. No. 4110-08 Bill No. Perfected SS#3 for SJR 38 Page 2 of 7 February 4, 2020 ESTIMATED NET EFFECT ON FEDERAL FUNDS FUND AFFECTED Total Estimated Net Effect on All Federal Funds FY 2021 FY 2022 FY 2023 $0 $0 $0 ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE) FUND AFFECTED FY 2021 FY 2022 FY 2023 General Revenue 0 or <1 FTE> 0 or <1 FTE> 0 or <1 FTE> Total Estimated Net Effect on FTE 0 or <1 FTE> 0 or <1 FTE> 0 or <1 FTE> : Estimated Net Effect (expenditures or reduced revenues) expected to exceed $100,000 in any Of the three fiscal years after implementation of the act. ESTIMATED NET EFFECT ON LOCAL FUNDS FUND AFFECTED FY 2021 FY 2022 FY 2023 Local Government* $0 $0 $0 * Possible transfer out and transfer in net to zero, if put before the voters at a special election RS:LR:OD L.R. No. 4110-08 Bill No. Perfected SS#3 for SJR 38 Page 3 of 7 February 4, 2020 FISCAL ANALYSIS ASSUMPTION Due to time constraints, Oversight was unable to receive some of the agency responses in a timely manner and performed limited analysis. Oversight has presented this fiscal note on the best current information that we have or on information regarding a similar bill(s). Upon the receipt of agency responses, Oversight will review to determine if an updated fiscal note should be prepared and seek the necessary approval of the chairperson of the Joint Committee on Legislative Research to publish a new fiscal note. In response to similar versions of this joint resolution, officials from the Office of the Secretary of State (SOS) stated each year, a number of joint resolutions that would refer to a vote of the people a constitutional amendment and bills that would refer to a vote of the people the statutory issue in the legislation may be considered by the General Assembly. Unless a special election is called for the purpose, Joint Resolutions proposing a constitutional amendment are submitted to a vote of the people at the next general election. Article XII section 2(b) of the Missouri Constitution authorizes the Governor to order a special election for constitutional amendments referred to the people. If a special election is called to submit a Joint Resolution to a vote of the people, section 115.063.2 RSMo requires the state to pay the costs. The cost of the special election has been estimated to be $7.8 million based on the cost of the 2016 Presidential Preference Primary. The Secretary of State's office is required to pay for publishing in local newspapers the full text of each statewide ballot measure as directed by Article XII, Section 2(b) of the Missouri Constitution and Section 116.230-116.290, RSMo. Funding for this item is adjusted each year depending upon the election cycle. A new decision item is requested in odd numbered fiscal years and the amount requested is dependent upon the estimated number of ballot measures that will be approved by the General Assembly and the initiative petitions certified for the ballot. In FY 2014, the General Assembly changed the appropriation so that it was no longer an estimated appropriation. In FY19, over $5.8 million was spent to publish the full text of the measures for the August and November elections. The SOS estimates $65,000 per page for the costs of publications based on the actual cost incurred for the one referendum that was on the August 2018 ballot. The Secretary of State's office will continue to assume, for the purposes of this fiscal note, that it should have the full appropriation authority it needs to meet the publishing requirements. Because these requirements are mandatory, we reserve the right to request funding to meet the RS:LR:OD L.R. No. 4110-08 Bill No. Perfected SS#3 for SJR 38 Page 4 of 7 February 4, 2020 ASSUMPTION (continued) cost of our publishing requirements if the Governor and the General Assembly again change the amount or continue to not designate it as an estimated appropriation. Oversight has reflected in this fiscal note, the state potentially reimbursing local political subdivisions the cost of having this joint resolution voted on during a special election in fiscal year 2021. This reflects the decision made by the Joint Committee on Legislative Research, that the cost of the elections should be shown in the fiscal note. The next scheduled statewide primary election is in August 2020 and the next scheduled general election is in November 2020 (both in FY 2021). It is assumed the subject within this proposal could be on one of these ballots; however, it could also be on a special election called for by the Governor (on a different date). Therefore, Oversight will reflect a potential election cost reimbursement to local political subdivisions in FY 2021. In response to similar versions of this joint resolution, officials from the Office of the State Auditor, the Missouri Senate, the Missouri House of Representatives and the Governor’s Office each assumed no fiscal impact from this proposal. In response to similar versions of this joint resolution, officials from the Office of Administration stated the Joint Resolution makes numerous changes to the redistricting process including eliminating the post of non-partisan state demographer. As this position is not housed within the Office of Administration, this proposal will not have an impact to our agency. Officials from the Office of the State Courts Administrator state there may be some impact, but there is no way to quantify that currently. Any significant changes will be reflected in future budget requests. In response to similar versions of this joint resolution, officials from the Missouri Ethics Commission (MEC) stated the provision does not have fiscal impact on the MEC. However, if a significant number of entities were to begin reporting such activity as outlined in 130.047, RSMo, additional analysts would be required to assist in providing filing assistance and review of reports filed with the commission. Also, if the Commission identifies significant violations during the process established in Section 105.955.14 (2), (3), RSMo, or complaints received increase significantly an Investigator would be required to provide the proper oversight. Oversight notes that several agencies listed above have stated the proposal would not have a direct fiscal impact on their respective organizations. Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero impact on the fiscal note for these agencies. RS:LR:OD L.R. No. 4110-08 Bill No. Perfected SS#3 for SJR 38 Page 5 of 7 February 4, 2020 ASSUMPTION (continued) Oversight notes the Nonpartisan State Demographer position will be eliminated if this joint resolution passes. The Office of Administration lists the annual salary range for a State Demographer as $52,332 - $83,436. Oversight notes the following savings (salary plus fringe) to the state would be realized if the Nonpartisan State Demographer is not filled. Low Range High Range Salary to reach $100,000 Annual Salary $52,332 $83,436 $66,000 Fringe Benefits $29,073 $39,506 $33,658 Total Savings $81,928 $123,776 $100,658 Oversight also notes this joint resolution would place the responsibilities of the Nonpartisan State Demographer with the house independent bipartisan citizens commission and the senate independent bipartisan citizens commission. Oversight assumes the new independent commissions will incur (and be reimbursed) expenses in redistricting years. Oversight will assume reimbursed expenses of less than $100,000 in FY 2021 for these commissions. Oversight will range the potential fiscal impact of not hiring a Nonpartisan State Demographer as $100,000 for each year, dependent upon the joint resolution being passed by voters. Oversight will also reflect the possibility of reimbursing the commissions of Less than $100,000 in FY 2021 for their service. RS:LR:OD L.R. No. 4110-08 Bill No. Perfected SS#3 for SJR 38 Page 6 of 7 February 4, 2020 FISCAL IMPACT - State Government FY 2021 (10 Mo.) FY 2022 FY 2023 Savings - if the joint resolution is passed by voters, the Nonpartisan State Demographer position is eliminated $0 or $100,000 $0 or $100,000 $0 or $100,000 Costs - of independent bipartisan citizens commission (if passed by voters) $0 or (Less than $100,000) $0 $0 Transfer Out - SOS - reimbursement of local election authority election costs if a special election is called by the Governor $0 or (More than $7,800,000) $0 $0 ESTIMATED NET EFFECT TO THE GENERAL REVENUE FUND $0 or (More than $7,800,000) $0 or $100,000 $0 or $100,000 <1 FTE> <1 FTE> <1 FTE> FY 2021 (10 Mo.) FY 2022 FY 2023 Transfer In - Local Election Authorities reimbursement of election costs by the State for a special election $0 or More than $7,800,000 $0 $0 Costs - Local Election Authorities - cost of a special election if called for by the Governor $0 or (More than $7,800,000) $0 $0 $0 $0 $0 GENERAL REVENUE FUND Estimated Net FTE Change for General Revenue Fund FISCAL IMPACT - Local Government LOCAL POLITICAL SUBDIVISIONS ESTIMATED NET EFFECT ON LOCAL POLITICAL SUBDIVISIONS RS:LR:OD L.R. No. 4110-08 Bill No. Perfected SS#3 for SJR 38 Page 7 of 7 February 4, 2020 FISCAL IMPACT - Small Business No direct fiscal impact to small businesses would be expected as a result of this proposal. FISCAL DESCRIPTION This constitutional amendment, if adopted by the voters, makes modifications to Article III, regulating the General Assembly; including gift bans, campaign contribution limitations, and redistricting. 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 Office of the Secretary of State Missouri Ethics Commission Missouri House of Representatives Missouri Senate Office of Administration Office of the State Auditor Office of the Governor Office of the State Courts Administrator Office of Administration - Budget and Planning Julie Morff Director February 4, 2020 RS:LR:OD Ross Strope Assistant Director February 4, 2020 Exhibit 5 5/17/2020 SJR38 - Modifies provisions regulating the legislature to limit the influence of partisan or other special interests SJR 38 Modifies provisions regulating the legislature to limit the influence of partisan or other special interests Sponson Hegeman LR Number: 41108.08T Committee: Rules, Joint Rules, Resolutions and Ethics Last Action: 5/13/2020 - Truly Agreed To and Finally Passed Journal Page: 81071 Title: SJR 38 Calendar Position: Effective Date: Upon Voter Approval House Handler: Plocher Current Bill Summary 38 - This constitutional amendment, if adopted by the voters, makes modifications to Article regulating the General Assembly. GIFT BAN (Article Section Current law allows a member of the General Assembly, a staff member of a member of the General Assembly, or a person employed by the General Assembly to receive a gift of no more than $5 per occurrence from a lobbyist or lobbyist principal. This amendment prohibits all such gifts from lobbyists or lobbyist principals. CAMPAIGN CONTRIBUTION LIMITATIONS (Article Section The amendment provides that in any election to the office of State Senator, the amount of contributions made to or accepted by any candidate or candidate committee from any person other than the candidate shall not exceed $2,400, rather than $2,500. The amendment additionally repeals a provision subjecting campaign contribution limitations for state senate and state house races to inflation. REDISTRICTING (Article Sections 3 7) Independent Bipartisan Citizens Commissions Under current law, the nonpartisan state demographer is responsible for preparing new redistricting plans for the House of Representatives and the Senate, which plans may be disapproved by bipartisan commissions nominated by the major political parties and appointed by the Governor. This amendment repeals the post of nonpartisan state demographer and gives all redistricting responsibility to the currently-existing commissions, renamed as the House Independent Bipartisan Citizens Commission and the Senate Independent Bipartisan Citizens Commission, respectively. The membership of each commission is modified such that each commission consists of members (20 each, under the current Congressional apportionment) to be appointed by the Governor from lists provided by the state committee and Congressional district committees of each of the two political parties casting the highest vote for Governor at the last preceding gubernatorial election. For each commission, each state committee shall submit a list of 5 nominees to the Governor and each Congressional district committee shall submit a list of 2 nominees to the Governor. The Governor shall select 2 nominees from each list submitted by each state committee and 1 nominee from each list submitted by each Congressional district committee. No member of either commission may be a member of the other commission. 1/2 5/17/2020 SJR38 - Modifies provisions regulating the legislature to limit the influence of partisan or other special interests REDISTRICTING CRITERIA The order of priority for the criteria that is to be used in preparing redistricting plans is as follows: 1. No district shall be drawn in a manner which would result in the denial or abridgment of the right of any person to vote on account of race or color. Furthermore, no district shall be drawn such that members of a community of protected citizens have less of an opportunity than other members of the electorate to participate in the political process and elect representatives of their choice. 2. Districts shall be as nearly equal as practicable in population and shall be drawn on the basis of one person, one vote. Districts shall not deviate from the ideal population by more than one percent, provided that deviation may be up to three percent if necessary to follow political subdivision lines. 3. Districts must be established in a manner that complies with all requirements of federal law, specifically including the Voting Rights Act of 1965. 4. Districts must consist of contiguous territory as compact as may be, to the extent permitted in conjunction with the above criteria. 5. To the extent permitted in conjunction with the above criteria, communities must be preserved, as described in the amendment. 6. Districts must be drawn to achieve partisan fairness and competitiveness, provided that all preceding criteria shall take precedence. Furthermore, current law provides that, in any redistricting plan, the difference between the total "wasted votes" of the two major political parties divided by the total votes cast for such parties shall be as close to zero as practicable. This amendment modifies that requirement by prohibiting such difference from exceeding 15%. REDISTRICTING TIMELINE Each commission must file a tentative redistricting plan and proposed maps with the Secretary of State within 5 months of appointment. A final statement of such plan and maps must be filed within 6 months with the approval of at least seven-tenths of the respective commission (14 out of 20 members under the current Congressional apportionment). If either commission fails to file its plan with the Secretary of State within such time period, then the commission failing to do so shall stand discharged and the respective chamber of the General Assembly shall be redistricted using the same criteria listed above by a commission of six members appointed by the Supreme Court from among the judges of the appellate courts of the state of Missouri. ACTIONS CHALLENGING REDISTRICTING PLANS Any action expressly or implicitly alleging that a redistricting plan violates the Missouri Constitution, federal law, or the United States Constitution must be filed in the Circuit Court of Cole County and shall name the respective commission that approved the challenged plan as a defendant. In order to bring such an action, a plaintiff must be a Missouri voter who resides in a district that exhibits an alleged violation and who would be remedied by a differently drawn district. If the court renders a judgment in which it finds that a completed redistricting plan exhibits the alleged violation, the court may only adjust those districts necessary to bring the map into compliance. The Supreme Court shall have exclusive appellate jurisdiction upon the filing of a notice of appeal within ten days after the judgment has become final. This constitutional amendment is substantially similar to SJR 49 (2020), SJR 57 (2020), and 101 76 (2020) and similar to SJR 29 (2019) and 48, 46, 47 (2019). SCOTT SVAGERA Amendments 411OS.05F - SS V\?thdrawn 411OSO5.09S - SA 1 Moot 4110805208 - SSA 1 SA 1 V\?thdrawn 411OSO5.19S - SA 1 SSA 1 SA 1 V\?thdrawn 411OS.06F - V\?thdrawn 411OSO6.04S - SA 1 Moot 411OS.08F - SS #3 Adopted, as amended 4110808.01S - SA 1 Adopted 2/2