Did the Missouri AG approve the form of Mary Anne Sedey's August 2019 Article VIII voting petition (version 1, file 2020-097)?

Plain-English summary

Petition 2020-097 was version 1 of an August 2019 wave of Sedey voting-access initiative petitions (2020-097 and 2020-098) that followed her July slates (2020-072 to 2020-083 and 2020-088, 2020-089). Same Article VIII voting-access objectives. Under § 116.332 RSMo the AG reviews initiative petitions for "sufficiency as to form." AG Schmitt approved the form.

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 does "sufficiency as to form" mean?
A: A procedural check on the petition's drafting compliance under Chapter 116 RSMo. The AG does not opine on policy or substance.

Q: How many waves did Sedey file?
A: At least three in 2019: a July 8 lead slate of 12 versions (2020-072 to 2020-083), a follow-on July 8 wave of 2 versions (2020-088, 2020-089), and an August wave starting with 2020-097 and 2020-098. Plus a September wave (2020-105 through 2020-112) referenced in opinion 146-2019.

Q: What companions does this opinion have?
A: 141-2019 is the fiscal-note review (step 3) for petition 2020-097. 162-2019 is the summary-statement review (step 4).

Q: Did this petition reach the ballot?
A: The opinion does not say. None of Sedey's 2019 petition versions appears to have reached the 2020 statewide ballot.

Background and statutory framework

Chapter 116 RSMo lays out the initiative-petition pipeline. This opinion sits at step 2:

1. Proponent files the petition with the Secretary of State.
2. AG reviews sufficiency as to form under § 116.332 RSMo (this opinion).
3. State Auditor prepares a fiscal note; AG reviews under § 116.175.4 RSMo.
4. Secretary of State drafts a summary statement; AG reviews under § 116.334 RSMo.
5. Petition certified for circulation.

Citations and references

Statutes: § 116.332 RSMo (the operative provision).

Companion fiscal-note opinion (2020-097): 141-2019.
Companion summary-statement opinion (2020-097): 162-2019.

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/115-2019.pdf?sfvrsn=2

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ERIC SCHMITT

July 3, 2019
OPINION LETTER NO. 115-2019

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 27, 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 1 (2020-097).

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