Why did the Missouri Attorney General reject the form of Winston Apple’s initiative petition 2020-094?
Apply this to your situation
This page answers the general question as of 2019. Ask about yours and see what current Missouri law means for your facts, with citations you can check.
Plain-English summary
Missouri Attorney General Eric Schmitt concluded that Winston Apple’s initiative petition 2020-094 must be rejected as to form because it did not show deleted matter in brackets and new matter underlined, as § 116.050, RSMo, required. The letter identifies no specific constitutional article or proposed policy. Official opinion.
The AG did not check whether the petition had any additional deficiencies. Under § 116.332.4, RSMo, the Secretary of State could review the opinion and "make a final decision as to the approval or rejection of the form of the petition." The letter reports no final decision by the Secretary of State or later ballot status.
What this means for you
Petition proponents and election officials. This letter identifies one form defect: missing brackets for deleted matter and underlining for new matter. It leaves other potential defects unexamined and the final form decision with the Secretary of State.
Voters and researchers. The opinion does not establish whether petition 2020-094 was certified for circulation or appeared on a ballot.
Common questions
Why did the AG reject petition 2020-094?
The letter says the petition failed to enclose deleted matter in brackets and underline new matter, as § 116.050 required.
Did the AG find any other defect?
No other defect was examined. The letter says, "we have not reviewed the petition to determine whether additional deficiencies exist."
Was the petition finally rejected?
The letter does not say. It states that the Secretary of State could review the AG opinion and make the final form decision.
Background and statutory framework
The Secretary of State requested AG review of petition 2020-094 under § 116.332, RSMo. The AG found the § 116.050 drafting defect and stopped its review. Read the official letter.
Citations
- § 116.332, RSMo (form review).
- § 116.050, RSMo (deleted and added text format).
- § 116.332.4, RSMo (Secretary of State's final decision).
Source
- Landing page: https://ago.mo.gov/other-resources/ag-opinions/
- Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/118-2019.pdf
Original opinion text
ATTORNEY GENERAL OF MISSOURI
ERIC SCHMITT
July 3, 2019
OPINION LETTER NO. 118-2019
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 submitted by Winston Apple (2020-094).
We conclude that the petition must be rejected for at least the following reason:
The petition does not contain "all matter which is to be deleted included in its proper place enclosed in brackets and all new matter shown underlined" as required pursuant to § 116.050, RSMo.
Because of our rejection of the form of the petition for the reasons stated above, we have not reviewed the petition to determine whether additional deficiencies exist. Pursuant to § 116.332.4, RSMo, the Secretary of State is authorized to review this opinion and "make a final decision as to the approval or rejection of the form of the petition."
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-2019-0143
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