Ezel / AG Opinions / MO
MO 1-2020 2020-01-16

Did the Missouri AG approve the form of James Owen's initiative petition to amend Chapter 393, RSMo (2020-142)?

Short answer: Yes, as to form only. AG Eric Schmitt approved the sufficiency as to form of James Owen's initiative petition under Mo. Rev. Stat. § 116.332. The letter notes that the Secretary of State retains final authority to approve or reject the petition, and that form approval is not a ruling on substance or an endorsement.
Currency note: this opinion is from 2020
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.
Disclaimer: This is an official Missouri Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed Missouri attorney for advice on your specific situation.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked at the bottom of this page, or PDF in the sidebar) is the authoritative source for any reliance.
View original AG opinion (PDF)

Subject

The Missouri AG's review under § 116.332, RSMo, of the sufficiency as to form of an initiative petition submitted by James Owen to amend Chapter 393, RSMo, version 1 (2020-142).

Topics: INITIATIVES. INITIATIVE PETITIONS.

Currency note

This opinion was issued in 2020. 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.

Plain-English summary

Missouri's initiative process includes a step where the Secretary of State asks the Attorney General to review a proposed initiative petition for sufficiency as to form. Under Mo. Rev. Stat. § 116.332, this is a narrow check on whether the petition's structure meets the statutory format requirements. It is not a review of the substance of the proposal.

This letter is AG Eric Schmitt's approval, as to form, of an initiative petition submitted by James Owen to amend Chapter 393, Revised Statutes of Missouri (version 1, designated 2020-142). The letter makes three things explicit:

  • The AG approves the petition as to form, but § 116.332 gives the Secretary of State final authority to approve or reject the petition. Form approval by the AG does not prevent the Secretary of State from rejecting it.
  • Because the review is for form only, declining to reject the petition is not a determination that the petition is sufficient as to substance.
  • Because the review is mandated by statute, the approval is not an endorsement of the petition or its proponents' objectives.

The letter does not describe what the proposed amendment to Chapter 393 would do; it addresses only the petition's form.

Common questions

Q: What does "sufficiency as to form" mean here?

It is a procedural check under § 116.332 on whether the initiative petition meets the structural and format requirements set by statute. It does not assess whether the proposal itself is lawful, workable, or a good idea.

Q: Does AG form approval mean the petition goes forward?

Not by itself. As the letter states, the Secretary of State has final authority under § 116.332 to approve or reject the petition. The AG's form approval does not bind that decision.

Q: Did the AG take a position on the proposed Chapter 393 amendment?

No. The letter reviews form only and states that no action taken in the review should be construed as an endorsement of the petition or its objectives. It does not describe the content of the proposed amendment.

Background and statutory framework

Mo. Rev. Stat. § 116.332 provides for review of an initiative petition's sufficiency as to form, with the Secretary of State holding final authority to approve or reject the petition. This form review is distinct from the AG's review of a summary statement's legal content and form under § 116.334, and from the State Auditor's fiscal note process under § 116.175.

Citations

  • Mo. Rev. Stat. § 116.332 (review of initiative petition sufficiency as to form; Secretary of State final authority)

Source

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
January 16, 2020

OPINION LETTER NO. 1-2020

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 January 6, 2020, for our review under § 116.332, RSMo, of the sufficiency as to form of an initiative petition to amend Chapter 393, Revised Statutes of Missouri, submitted by James Owen, version 1 (2020-142).

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

Supreme Court Building
207 W. High Street
P.O. Box 899
Jefferson City, MO 65102
Phone: (573) 751-3321
Fax: (573) 751-0774
www.ago.mo.gov

OP-2020-0001