Did the Missouri Attorney General approve the form of Shetova Hayes’s initiative petition 2020-092?

Plain-English summary

Missouri Attorney General Eric Schmitt approved the form of Shetova Hayes’s initiative petition 2020-092 under § 116.332, RSMo. The letter identifies the proposal only as an amendment to Chapter 558. It does not describe a proposed sentencing percentage, the affected offenses, or any other substantive provision. Official opinion.

The AG emphasized that the Secretary of State had final authority to approve or reject the petition and could reject it despite this form approval. The letter also says that form approval is not "a determination that the petition is sufficient as to substance" or an endorsement of its objectives.

What this means for you

Petition proponents and election officials. The opinion records a favorable form review for petition 2020-092. The Secretary of State still had final approval authority under the statute quoted in the letter.

Voters and researchers. This letter supplies no basis to describe the petition’s proposed sentencing rules. It identifies the Chapter 558 amendment and the form-review result only.

Common questions

Did the AG approve Hayes’s petition 2020-092?

The AG approved it as to form. The letter expressly leaves final approval or rejection to the Secretary of State.

Did the AG decide whether the petition’s substance was sufficient?

No. The letter says form approval "is not to be construed as a determination that the petition is sufficient as to substance."

Does the letter say what the petition would change in Chapter 558?

No. It does not describe any proposed text or sentencing change.

Background and statutory framework

The Secretary of State requested review under § 116.332, RSMo. The AG approved the petition as to form and expressly disclaimed any endorsement of the petition or its proponents' objectives. Read the official letter.

Citations

• § 116.332, RSMo (form review).

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/114-2019.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ERIC SCHMITT

June 28, 2019
OPINION LETTER NO. 114-2019

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 20, 2019, for our review under § 116.332, RSMo, of the sufficiency as to form of an initiative petition to amend Chapter 558, Revised Statutes of Missouri, submitted by Shetova Hayes (2020-092).

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