Why did the Missouri Attorney General reject the form of Winston Apple’s initiative petition 2020-094?

Short answer The petition lacked the required brackets for deleted text and underlining for new text. The AG rejected its form without checking for other defects; the Secretary of State retained final authority over form approval or rejection.
State
Missouri
Opinion
Opinion No. 118-2019
Issued
July 3, 2019
Issued by
Office of the Missouri Attorney General (Eric S. Schmitt)
Requested by
Hon. John R. Ashcroft, Missouri Secretary of State

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.

Currency note: this opinion is from 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.
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 AG opinions are persuasive authority but not binding precedent.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.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original AG opinion (PDF)

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

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

What does Missouri law say today, for your facts?

This opinion is from 2019. Ezel checks the current Missouri statutes and case law, applies them to your situation, and cites what it relies on.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace