Did the Missouri Attorney General approve the form of Winston Apple’s Chapter 192 petition 2020-096?

Short answer Yes. The AG approved the form of Apple’s petition to amend Chapter 192. The letter does not describe the amendment’s terms, and the Secretary of State retained final authority to approve or reject the petition.
State
Missouri
Opinion
Opinion No. 119-2019
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 AG opinions are persuasive authority but not binding precedent.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

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

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

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