Auditor Fitzpatrick provides clarification on his duty to ensure compliance with state law when certifying bond issues

In the wake of being notified by bond counsel that some bond issues failed to comply with the notice requirements of state statute, and therefore would not be submitted to his office for certification, State Auditor Scott Fitzpatrick today clarified that his office has a duty to uphold laws that were designed to promote transparency in the election process. Fitzpatrick, whose office is mandated by statute to ensure all applicable laws have been complied with before certifying a bond, said he cannot and will not turn a blind eye to cases where the very specific requirements laid out in statute have not been met.

"I have the utmost respect for voters and the decisions they make at the polls, but I also have a mandatory statutory duty to review these bond issues to ensure they have complied with all the notice and transparency requirements set forth in state law. While some want me to sweep these errors under the rug, that would not be the right thing to do. As State Auditor, it's my job to call balls and strikes, and I cannot in good faith certify that state laws have been complied with when I know they have not," said Auditor Fitzpatrick.

Section 108.240 of the Missouri Revised Statutes require the State Auditor to examine the bond transcript to ensure all state laws have been complied with in the issuance of the bonds. Section 115.127.2, RSMo, requires public notification of an election to be published in two qualified newspapers in the election area with one taking place in the second week prior to election, and the other occurring within one week prior to election. Fitzpatrick noted case law has made it clear there is no wiggle room when it comes to compliance with the notification requirements. He cited State ex rel. City of Berkeley v. Holmes which clearly stated that the legislature was very specific with the requirements that must be met and it cannot be held that "anything less is a substantial compliance with them."

Specifically addressing the issue of a $6.5 million bond issuance approved by voters in the Hallsville School District, Fitzpatrick pointed out that the bond was never submitted to his office for certification. Instead, the bond counsel for the district reached out to the State Auditor's Office to inquire if several hypothetical scenarios met the publication requirements in state law without identifying any specific bonds. After the State Auditor's Office provided a response to these inquiries, bond counsel informed the office that some bonds failed to meet the publication requirements and would not be submitted for certification. Fitzpatrick noted that a similar bond issue for the Centralia School District was submitted and certified by his office based in part on the representation of bond counsel that the publication requirements were met, when in fact they were not.

"I am a strong believer in transparent government. Without transparency, Missourians lose control of their government and are left in the dark. Some say, myself included, these election notice laws are antiquated and they need to change, and if the General Assembly wants to change state law, I am ready to be part of that solution. But until that happens, this is how we tell Missourians what's going to be on their ballot, and making sure Missourians know what they're voting on is critical. I believe Missourians want elected officials who strive to uphold the law the way it's written, rather than those who ignore laws they view as inconvenient. I will continue doing the job Missouri voters elected me to do, and I urge the various political entities that put bond issues on the ballot, and the law firms they pay handsomely to serve as bond counsel, to start doing a better job of complying with laws they should already be extremely familiar with," said Fitzpatrick.