Did the Missouri Attorney General approve the form of Winston Apple’s Article III, Section 39 petition 2020-093?

Plain-English summary

On July 3, 2019, the Missouri Attorney General approved the form of Winston Apple’s initiative petition 2020-093 to amend Article III, Section 39 of the Missouri Constitution. The letter does not describe a local minimum wage proposal or any other provision of the amendment. It identifies the petition and the form-review result. Official opinion.

The AG says § 116.332, RSMo, gives the Secretary of State final authority to approve or reject the petition. The letter also states that form approval does not decide the petition’s sufficiency as to substance and is not an endorsement of the proposal.

What this means for you

Petition proponents and election officials. The AG approved petition 2020-093 as to form, while leaving the final approval decision to the Secretary of State.

Voters and researchers. This letter cannot establish the petition's subject beyond an amendment to Article III, Section 39. It does not discuss local wages or the contents of a companion fiscal note.

Common questions

Did the AG approve Apple’s petition?

Yes, as to form. The Secretary of State retained final authority to approve or reject it.

Did the AG assess the petition's substance?

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

Does this opinion describe a local minimum wage measure?

No. It identifies only a proposed amendment to Article III, Section 39, submitted by Winston Apple as petition 2020-093.

Background and statutory framework

The Secretary of State sought an AG form review under § 116.332, RSMo. The AG approved the form but disclaimed any endorsement or view about the petition's general adequacy. 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/117-2019.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ERIC SCHMITT

July 3, 2019
OPINION LETTER NO. 117-2019

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 III, Section 39 of the Missouri Constitution submitted by Winston Apple (2020-093).

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-2019-0142