Did the Missouri Attorney General approve the form of Winston Apple’s Chapters 130 and 143 petition 2020-099?
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 11, 2019, Missouri Attorney General Eric Schmitt approved the form of Winston Apple’s initiative petition 2020-099 to amend Chapters 130 and 143, Revised Statutes of Missouri. The letter contains no fiscal note, dollar figure, Elections Trust Fund provision, or description of the amendment’s terms. Official opinion.
The AG says § 116.332, RSMo, gives the Secretary of State final authority to approve or reject the petition. The letter states that form approval does not decide 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 2020-099 as to form, while leaving the final form decision to the Secretary of State.
Voters and researchers. This letter establishes that the petition proposed amendments to Chapters 130 and 143. It does not establish any fund, revenue amount, 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.
Does the letter contain a fiscal projection?
No. It contains no fiscal estimate or fund description.
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."
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/120-2019.pdf
Original opinion text
ATTORNEY GENERAL OF MISSOURI
ERIC SCHMITT
July 11, 2019
OPINION LETTER NO. 120-2019
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 July 1, 2019, for our review under § 116.332, RSMo, of the sufficiency as to form of an initiative petition to amend Chapters 130 and 143, Revised Statutes of Missouri, submitted by Winston Apple (2020-099).
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-2019-0146
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