How does the Missouri AG's form-only approval relate to whether a constitutional amendment petition will end up on the ballot?

Plain-English summary

AG Eric Schmitt approved the form of Version 8 (state-assigned number 2020-079) of an initiative petition by Mary Anne Sedey to amend Article VIII (suffrage and elections) of the Missouri Constitution. The petition is part of a five-version cluster (versions 6 through 10) for which the AG issued form-review opinions on the same day, June 27, 2019.

Under § 116.332 of the Missouri Revised Statutes, the AG's form-review role is narrowly defined. When the Secretary of State receives a proposed initiative petition, he asks the AG to confirm the petition is "sufficient as to form." Form review checks structural and procedural requirements (required statements, formatting, attachment of the full text of the proposed amendment, and so on). It is not a review of substantive content, drafting craftsmanship, constitutionality, or policy desirability.

The letter's three disclaimers matter. First, the Secretary of State has final authority under § 116.332 to approve or reject the petition; the AG's form approval does not bind the Secretary's separate decision. Second, the AG's form review is not a substance review, so form approval does not signal that the petition's content will survive substantive challenges. Third, because the review is statutorily mandated, no action the AG takes is an endorsement of the petition's objectives.

Getting on the ballot requires substantially more: a fair ballot title that withstands court challenge, valid signatures from a specified percentage of legal voters in two-thirds of Missouri's congressional districts, Secretary of State certification of those signatures, and timing that meets the constitutional deadlines for placement on a general election ballot.

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.

Common questions

Q: What is the path from AG form approval to the ballot?
A: After AG form approval (this letter), the Secretary of State certifies form, the State Auditor prepares a fiscal note, the Secretary and AG jointly draft a ballot title (§ 116.334), any ballot title challenge is litigated, the proponent circulates signature pages, signatures are filed and certified, and if all that succeeds, the measure appears on the next general election ballot.

Q: Why are versions 6 through 10 all about Article VIII?
A: Article VIII is Missouri's election and suffrage article. Petitions proposing changes to voter qualifications, registration, election procedures, or related rights live in Article VIII. The version variations typically tweak language without changing the basic policy direction.

Q: How does a court review a ballot title challenge?
A: A proponent or opponent can file suit on the ballot title's fairness and accuracy. Courts can rewrite a title found to be insufficient or unfair. This happens regularly in Missouri.

Q: Does the AG's neutral disclaimer affect later litigation?
A: The disclaimer language is a standard recitation that the AG's form review is procedural only. Courts have taken that disclaimer seriously and have not treated form approval as an endorsement that binds later substantive review.

Background and statutory framework

The statutory home is Chapter 116 (§§ 116.010 to 116.420), which governs initiatives and referenda in Missouri. Section 116.332 is the AG form-review provision. Article III, § 50 of the Constitution is the underlying initiative grant. Article XII, § 2(b) sets the signature threshold for constitutional amendments.

Filing multiple versions of a petition gives the proponent strategic flexibility. If one version trips a substantive challenge or a problematic ballot title, the proponent can pivot to another version without restarting the timeline from scratch. The June 27, 2019 cluster (opinions 100-2019 through 104-2019) is a typical example of that strategy.

Citations

• Mo. Rev. Stat. § 116.332 (initiative petition form review)
• Mo. Const. art. III, § 50 (initiative power)
• Mo. Const. art. XII, § 2(b) (signature threshold)

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/102-2019.pdf?sfvrsn=2

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ERIC SCHMITT

June 27, 2019

OPINION LETTER NO. 102-2019

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 June 17, 2019, for our review under § 116.332, RSMo, of the sufficiency as to form of an initiative petition to amend Article VIII of the Missouri Constitution submitted by Mary Anne Sedey, Version 8 (2020-079).

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.

ERIC S. SCHMITT
Attorney General