Did the Missouri Attorney General approve the form of Patricia Thomas's initiative petition to amend Article I of the Missouri Constitution?

Plain-English summary

Missouri Attorney General Eric Schmitt approved the form of an initiative petition submitted by Patricia Thomas (2020-019). The petition proposed amending Article I of the Missouri Constitution, the article that contains Missouri's Bill of Rights.

The AG's review under § 116.332, RSMo, is procedural. It checks whether the petition's paperwork is in the format required by statute. It does not review the merits of the proposed amendment, does not endorse it, and does not bind the Secretary of State, who has separate substantive approval authority.

This is the first letter in a numbered series the AG issued the same day on initiative petitions Patricia Thomas filed in late 2018. Internal tracking number OP-2018-125.

Currency note

This opinion was issued in 2019. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Background and statutory framework

Article I of the Missouri Constitution is Missouri's Bill of Rights, including provisions on free speech, religion, equal protection under state law, due process, jury trial rights, takings, and many other fundamental rights.

Section 116.332, RSMo, requires the Secretary of State, upon receiving an initiative petition draft, to forward it to the Attorney General for review of "sufficiency as to form." This is a procedural check, not a substantive review.

Patricia Thomas's late-2018 cluster of petitions touched multiple articles of the Missouri Constitution. Filing multiple related petitions is a common strategy: even if one survives litigation or signature-gathering challenges, the sponsor maximizes options.

Common questions

What did the petition propose to change?
The opinion does not summarize the substance. For the actual text, see Missouri Secretary of State filings for petition 2020-019.

Is form approval an endorsement?
No. § 116.332 forces the AG to review every submitted petition, so completing the duty cannot be a political endorsement. The opinion uses standard boilerplate to make that clear.

Does form approval mean the amendment will become law?
No. Many steps remain after form approval: Secretary of State approval, ballot title development (often contested), signature gathering against a high threshold, signature verification, and a statewide vote.

Where can I find the petition's substance?
Missouri Secretary of State public records for initiative petition 2020-019.

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/1-2019.pdf?sfvrsn=2

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

Attorney General of Missouri
Eric Schmitt
Jefferson City, P.O. Box 899, 65102
(573) 751-3321

January 7, 2019

OPINION LETTER NO. 1-2019

The Honorable John R. Ashcroft
Missouri Secretary of State
James C. Kirkpatrick State Information Center
600 West Main Street
Jefferson City, MO 65101

Dear Secretary Ashcroft:

This opinion letter responds to your request dated December 27, 2018, for our review under § 116.332, RSMo, of the sufficiency as to form of an initiative petition to amend Article I of the Missouri Constitution submitted by Patricia Thomas, (2020-019).

We approve the petition as to form, but § 116.332 gives the Secretary of State final authority to approve or reject the petition. Therefore, our approval of the form of the petition does not preclude you from rejecting the petition.

Because our review of the petition is simply for the purpose of determining sufficiency as to form, the fact that we do not reject the petition is not to be construed as a determination that the petition is sufficient as to substance. Likewise, because our review is mandated by statute, no action that we take with respect to such review should be construed as an endorsement of the petition or of the objectives of its proponents, or the expression of any view respecting the adequacy or inadequacy of the petition generally.

Very truly yours,

Eric S. Schmitt
Attorney General

OP-2018-125