MO Opinion No. 1-2020 2020-01-16

What was Missouri AG Opinion 1-2020 about?

Short answer: It was the AG's January 2020 routine RSMo section 116.334 approval of the form of an initiative petition submitted by James Owen to amend Chapter 393, RSMo (which regulates electric, gas, and water utilities).

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 AG opinions are persuasive authority but not binding precedent.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.

Plain-English summary

This was a routine Missouri AG review under RSMo section 116.334 of a proposed ballot-initiative summary. The Secretary of State submits the summary to the AG, the AG reviews the legal content and form, and the AG signs off (or rejects) with a brief opinion letter. Approval here was procedural; the AG did not endorse the initiative.

The petition came from James Owen and was assigned a 2020-series Secretary of State number. The AG approved the legal content and form of the proposed summary, noting in the standard language that "no action that we take with respect to such review should be construed as an endorsement of the petition, nor as the expression of any view regarding the objectives of its proponents."

The initiative would have amended provisions of Chapter 393, RSMo, which governs Missouri's regulation of electric, gas, and water utilities. The AG's review was limited to whether the summary statement on the petition pages was legally sufficient as to form.

Currency note

This opinion was issued in 2020-01-16. 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

Missouri's ballot-initiative process requires the Secretary of State to prepare a summary statement and a fiscal note summary for every proposed initiative that goes to signature collection. The Attorney General reviews both documents under RSMo section 116.334. The review is a legality-and-form check, not a policy evaluation.

The AG's review is mandatory by statute, so approval is procedural rather than substantive. The AG does not endorse, support, or oppose the initiative.

Common questions

What did this AG opinion actually decide?
That the legal content and form of the initiative's summary statement (or fiscal note summary) was acceptable for printing on the petition pages and on the ballot. Nothing more.

Did this initiative make it onto the ballot?
The signature thresholds for Missouri ballot initiatives are demanding. Most proposed initiatives never qualify. Confirm specific outcomes against Missouri Secretary of State records.

Is the AG's approval an endorsement?
No. The opinion letter explicitly states that "no action that we take with respect to such review should be construed as an endorsement of the petition." The review is statutorily mandatory; approval is procedural.

What's the difference between approving the "legal content and form" and approving the "sufficiency as to form"?
The "legal content and form" review is the AG's review of the summary's substance and drafting. The "sufficiency as to form" review is a related but narrower procedural check on the petition's structural compliance with statutory format requirements.

Citations

RSMo section 116.334 (initiative summary review)
RSMo section 116.175 (fiscal note process)

Source

Landing page: https://ago.mo.gov/other-resources/ag-opinions/
Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/1-2020.pdf?sfvrsn=2

Original opinion text

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 3938, 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,

Gh gus

ERIC S. SCHMITT
Attorney General

Supreme Court Building
207 W. High Street
P.O. Box 899 OP-2020-0001
Jefferson City, MO 65102
Phone: (573) 751-3321
Fax: (573) 751-0774
Www.ago.mo.gov