MO Opinion No. 116-2019 2019-07-03

Did the Missouri AG approve the form of Mary Anne Sedey's August 2019 Article VIII voting petition (version 2, file 2020-098)?

Short answer: Yes, as to form. AG Schmitt approved Sedey's petition 2020-098 (version 2 in a third Article VIII voting-access wave) as sufficient as to form under § 116.332 RSMo. The Secretary of State retained final authority to approve or reject. Form approval is not a substantive endorsement and does not address whether the petition is sufficient as to substance.

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 AG opinions are persuasive authority but not binding precedent.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

Petition 2020-098 was version 2 of a third Article VIII wave Mary Anne Sedey filed (the first wave was July 8 with 12 versions; the second wave added 2020-088 and 2020-089; the third wave added 2020-097 and 2020-098). Each wave proposed automatic voter registration from state agency lists, polling-place ballot mechanics, permanent vote-by-mail, and a public record of voting method.

Under § 116.332 RSMo the AG reviews initiative petitions for "sufficiency as to form." The check is procedural and looks for items like the bracketing-and-underlining requirement of § 116.050 RSMo (used to mark deletions and additions in amended constitutional text). AG Schmitt approved the form of version 2 of the August wave. Final form approval rests with the Secretary of State, who can still reject the petition.

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 look at whether the petition document satisfies the formal drafting rules in Chapter 116 RSMo, that is, brackets around deleted text, underlining for new text, a single-subject limitation, and the like. The AG does not opine on whether the proposal is good policy or whether it is constitutional.

Q: Why does the AG approval not "preclude" the Secretary of State from rejecting?
A: § 116.332 gives the Secretary of State the final call. The AG opinion is advisory; the Secretary can take a different view on form.

Q: What would have caused a rejection here?
A: A failure to bracket deleted text or underline new text under § 116.050 RSMo is a common reason; companion opinion 118-2019 rejected an Apple petition (2020-094) for exactly that.

Q: Did this petition reach the ballot?
A: The opinion does not say. None of Sedey's 2019 Article VIII 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:

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

Citations and references

Statutes: § 116.332 RSMo (the operative provision); § 116.050 RSMo (drafting form: brackets and underlining); § 116.175 RSMo; § 116.334 RSMo.

Sister Sedey 2019 form-sufficiency review (2020-097): see related Sedey opinions in this same number range.

Source

Landing page: https://ago.mo.gov/other-resources/ag-opinions/
Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/116-2019.pdf?sfvrsn=2

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain, the linked PDF is authoritative.

ATTORNEY GENERAL OF MISSOURI
ERIC SCHMITT

July 3, 2019
OPINION LETTER NO. 116-2019

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 2 (2020-098).

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

OP-2019-0141