Sinquefield v. Jones

435 S.W.3d 674, 2014 WL 941477, 2014 Mo. App. LEXIS 251
CourtMissouri Court of Appeals
DecidedMarch 11, 2014
DocketNo. WD 77056
StatusPublished
Cited by3 cases

This text of 435 S.W.3d 674 (Sinquefield v. Jones) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sinquefield v. Jones, 435 S.W.3d 674, 2014 WL 941477, 2014 Mo. App. LEXIS 251 (Mo. Ct. App. 2014).

Opinion

This case involves a challenge to the fiscal note and fiscal note summary of a ballot title for an initiative petition submitted by Todd Jones. The initiative seeks to impose campaign contribution limits and make other campaign finance related changes to the Missouri Constitution. Todd Jones appeals the judgment of the Cole County Circuit Court (“trial court”) declaring the fiscal note and the fiscal note summary insufficient and unfair. The trial court remanded the fiscal note and fiscal note summary to the state auditor for preparation of a new fiscal note and a new fiscal note summary.

In his two points on appeal, Mr. Jones challenges the trial court’s judgment declaring the fiscal note and fiscal note summary insufficient and unfair. Mr. Jones asks this court to find that the language of the fiscal note and the fiscal note summary was fair and sufficient and to reverse and remand the judgment with instructions to certify the fiscal note and fiscal note summary to the secretary of state pursuant to section 116.190.4. The judgment is reversed.

Procedure for Initiative Petitions, Fiscal Note, and Fiscal Note Summary, and Challenges Thereto

The procedure for initiative petitions consists of constitutional requirements as follows:

[T]he initiative petition must (1) be signed by 8% of the voters in each of two-thirds of the congressional districts in the state, (2) be filed with the Secretary of State no less than four months before an election, (3) contain a proper enacting clause, and (4) contain no more than one amended and revised constitutional article, or one new article which contains not more than one subject and matters properly connected therewith.

Brown v. Carnahan, 370 S.W.3d 637, 645 (Mo. banc 2012) (quoting Missourians to Protect the Initiative Process v. Blunt, 799 S.W.2d 824, 827 (Mo. banc 1990) (citing Mo. Const., art. III, sec. 50)).

[677]*677In addition, the requirements of chapter 116, RSMo Cum.Supp.2012,1 must be met in order for an initiative petition to appear on the ballot. Id. Chapter 116 provides that the petition must be approved by the attorney general and the secretary of state as to form. 116.S32.1. The secretary of state also sends a copy to the state auditor, who is to assess the fiscal impact of the proposed measure and prepare a fiscal note and fiscal note summary. Id. The secretary of state later certifies the official ballot title, which includes the secretary of state’s summary statement and the auditor’s fiscal note summary. Brown, 370 S.W.3d at 646. The ballot title is affixed to each page of the petition as it is circulated for the collection of the signatures necessary to have it placed on the ballot. Id.

At issue in this case are the fiscal note and fiscal note summary for an initiative petition that would limit campaign contributions (“Initiative”). The note and summary are prepared by the state auditor, who first “sends copies of the proposed ballot initiative to various state and local governmental entities requesting the entities review the same and provide information regarding the estimated costs or savings, if any, for the proposed ballot initiative.” Id. at 649. The auditor’s choice of local governmental entities is based on geography, population, and form of government, with a goal of reaching a good cross-section of local governments that might be affected by the proposal. Id. Proponents, opponents, and members of the public may submit fiscal impact information also, but the auditor has no duty to notify members of the public when he receives an initiative petition from the secretary of state. Id.

The auditor then examines the submissions received and determines whether they “appear complete, are relevant, have an identifiable source, and are reasonable.” Id. “[T]he auditor examines the submission to establish whether it addresses or diverges from the particular issue” in order to determine whether the submission is reasonable. The auditor’s analysis in this regard is based on his “experience in state government and overall knowledge and understanding of business and economic issues.” Id. If a submission is unreasonable, the auditor “determines what weight the submission will be given when preparing the fiscal note summary.” Id. If a particular submission leaves any questions or appears incomplete, the auditor may conduct a follow-up inquiry. Id. The auditor drafts the fiscal note and fiscal note summary based on the various submissions received. Id. The fiscal note consists of the responses submitted, listed verbatim with only minor editing. Id. In the fiscal note summary the auditor compiles the various proposals with the purpose of advising the voters about the potential cost or savings, if any, of adopting the initiative. Id. at 649-50.

Section 116.190 provides a means for citizens to challenge, in circuit court, the language of an official ballot title or fiscal note. Overfelt v. McCaskill, 81 S.W.3d 732, 736 (Mo.App. W.D.2002) (quoting Bergman v. Mills, 988 S.W.2d 84, 90 n. 4 (Mo.App. W.D.1999)). The party challenging the official ballot title has the burden of showing why the fiscal note or fiscal note summary is insufficient or unfair. § 116.190.3; Cures Without Cloning v. Pund, 259 S.W.3d 76, 81 (Mo.App. W.D. 2008). If this requirement is met, the plaintiff is entitled to a “different fiscal note or fiscal note summary.” § 116.190.3.

Factual Background and Procedural History

On May 3, 2013, Todd Jones submitted to the Secretary of State a sample sheet [678]*678for a proposed initiative petition regarding campaign contribution limitations. The Secretary of State then prepared a summary statement of the initiative and the State Auditor prepared a fiscal note and drafted a fiscal note summary, which were also approved by the Attorney General as to content and form. Subsequently the Secretary of State certified the official ballot title, which consisted of the summary statement and fiscal note summary.

On December 80, 2011, Rex Sinquefield filed a petition under section 116.190 challenging the official ballot title. He asserted, among other things, that the fiscal note and the fiscal note summary were insufficient and unfair. Mr. Sinquefield asked the court to find the fiscal note and the fiscal note summary insufficient and/or unfair and order the ballot title to be stricken and the fiscal note and fiscal note summary be remanded to the auditor for preparation of a new fiscal note and fiscal note summary.

On August 16, 2018, Todd Jones and Missouri Roundtable For Life (“Roundtable”) moved to intervene in the case to defend the ballot title. The motion was granted and Mr. Jones and Roundtable filed an answer. On October 15, 2013 Mr. Sinquefield filed a motion for partial summary judgment and suggestions in support thereof with respect to the summary statement. The Secretary of State filed a response and memorandum in opposition on October 22, 2013. The Secretary of State, Mr. Sinquefield, and Mr.

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Bluebook (online)
435 S.W.3d 674, 2014 WL 941477, 2014 Mo. App. LEXIS 251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sinquefield-v-jones-moctapp-2014.