Did the Missouri Attorney General approve the form of Mary Anne Sedey’s Article VIII petition 2020-097?

Plain-English summary

On July 3, 2019, Missouri Attorney General Eric Schmitt approved the form of Mary Anne Sedey’s version 1 initiative petition (2020-097) to amend Article VIII of the Missouri Constitution. The letter responds to a June 27 request. It does not describe the proposed amendment’s terms or place the petition in an August filing wave. Official opinion.

The opinion says § 116.332, RSMo, gives the Secretary of State final authority to approve or reject the petition. Form approval does not determine whether the petition is sufficient in substance, and the AG expressly disclaims endorsement of the petition or its proponents’ objectives.

What this means for you

Petition proponents and election officials. This letter records favorable form review of version 1, file 2020-097. The Secretary of State could still reject it.

Voters and researchers. The letter identifies an Article VIII proposal but does not set out its voting-related provisions or its later ballot status.

Common questions

When did the AG approve Sedey’s version 1 petition as to form?

July 3, 2019, in response to a request dated June 27, 2019.

Could the Secretary of State reject the petition afterward?

Yes. The letter says the Secretary of State has "final authority to approve or reject the petition" and that AG form approval does not preclude rejection.

Did the AG endorse the proposal?

No. The letter says its mandated form review expresses no view on the petition's substance or objectives.

Background and statutory framework

The AG reviewed the petition under § 116.332, RSMo, for sufficiency as to form. The letter neither analyzes the proposed Article VIII amendment nor compares it with other petitions. 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/115-2019.pdf

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