Did the Missouri Attorney General approve the form of Winston Apple’s Chapter 192 petition 2020-096?
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
On July 3, 2019, Missouri Attorney General Eric Schmitt approved the form of Winston Apple’s initiative petition 2020-096 to amend Chapter 192, Revised Statutes of Missouri. The letter does not describe a health-care cooperative or any other provision of the proposal. Official opinion.
The AG says § 116.332, RSMo, gives the Secretary of State final authority to approve or reject the petition. Form approval does not decide the petition’s sufficiency as to substance and does not endorse its objectives.
What this means for you
Petition proponents and election officials. The AG approved petition 2020-096 as to form, while leaving the final form decision to the Secretary of State.
Voters and researchers. This opinion identifies a proposed Chapter 192 amendment but does not establish its substantive contents or later ballot status.
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 letter describe a public health cooperative?
No. It identifies only a proposed amendment to Chapter 192 submitted by Winston Apple as petition 2020-096.
Background and statutory framework
The Secretary of State requested review under § 116.332, RSMo. The AG approved the form but disclaimed endorsement or any 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/119-2019.pdf
Original opinion text
ATTORNEY GENERAL OF MISSOURI
ERIC SCHMITT
July 3, 2019
OPINION LETTER NO. 119-2019
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 Chapter 192, Revised Statutes of Missouri, submitted by Winston Apple (2020-096).
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-2019-0145
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