Ezel / AG Opinions / MO
MO Opinion No. 130-2019 2019-07-18

Did the Missouri AG approve the fiscal note for Mary Anne Sedey's 2019 Article VIII voting petition (version 9, file 2020-080)?

Short answer: Yes, as to legal content and form. AG Schmitt approved the fiscal note for Sedey's petition 2020-080 (version 9 in a 12-version voting-access slate). Auditor Galloway projected at least $1 million in one-time state costs, with at least $745,000 in local one-time costs, $49,000 in annual local costs, and $84,000 per election. The lower per-election figure suggests this version drops the ballot-transfer mechanic.
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 AG opinions are persuasive authority but not binding precedent.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.

Plain-English summary

Petition 2020-080 was version 9 of a 12-version slate of voting-access initiative petitions Mary Anne Sedey filed in mid-July 2019. The slate would amend Article VIII of the Missouri Constitution to add automatic voter registration from state agency lists, ballot mechanics at the polling place, permanent vote-by-mail, and a public record of voting method. Versions 9 through 12 carry a smaller per-election cost than versions 5 through 8, which most plausibly tracks with these versions removing or scaling back the ballot-transfer rule for wrong-precinct voters.

Under § 116.175 RSMo, the State Auditor prepares a fiscal note. The AG then reviews the fiscal note's "legal content and form" under § 116.175.4 RSMo. AG Schmitt's letter approved that legal form for version 9.

Currency note

This opinion was issued in 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.

The exact fiscal-note summary the AG approved

State governmental entities expect one-time costs of at least $1 million and possible ongoing costs. Local governments are expected to have costs of an unknown amount totaling at least $745,000 in one-time costs, $49,000 in annual costs, and $84,000 in costs per election.

Common questions

Q: What does the AG actually approve here?
A: The legal content and form of the auditor's fiscal-note summary, that is, whether the words satisfy § 116.175.4 RSMo. The AG does not opine on whether the dollar figures are right or fair; voters can challenge accuracy under § 116.190 RSMo.

Q: Why is the per-election figure $84,000 here, instead of $181,000?
A: The auditor's per-election number tracks recurring local-election-authority cost. The cluster of versions where it drops to $84,000 (versions 9-12) most likely corresponds to a draft that omits the ballot-transfer mechanic from the wrong-precinct rule, since handling and rerouting wrong-precinct ballots is the most labor-intensive recurring cost in this petition family.

Q: What is the companion summary-statement opinion?
A: Opinion 152-2019 covers the Secretary of State's ballot-summary draft for the same 2020-080 petition.

Q: Did this petition reach the ballot?
A: The opinion does not say. None of the 12 Sedey 2019 versions appears to have reached the 2020 statewide ballot.

Background and statutory framework

Chapter 116 RSMo lays out the initiative-petition pipeline. This opinion sits at step 3:

  1. Proponent files the petition with the Secretary of State.
  2. AG reviews sufficiency as to form under § 116.332 RSMo.
  3. State Auditor prepares a fiscal note; AG reviews under § 116.175.4 RSMo (this opinion).
  4. Secretary of State drafts a summary statement; AG reviews under § 116.334 RSMo.
  5. Petition certified for circulation.

Citations and references

Statutes: § 116.175 RSMo; § 116.175.4 RSMo; § 116.190 RSMo; § 116.332 RSMo; § 116.334 RSMo.

Companion summary-statement opinion (2020-080, version 9): 152-2019.

Sister Sedey July 2019 12-version slate fiscal-note opinions: 126-2019 (v5), 127-2019 (v6), 128-2019 (v7), 129-2019 (v8), 131-2019 (v10), 132-2019 (v11), 133-2019 (v12).

Sister Sedey later-July 2019 wave fiscal-note opinions (2020-088, 2020-089): 134-2019, 135-2019.

Source

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain, the linked PDF is authoritative.

ATTORNEY GENERAL OF MISSOURI
ERIC SCHMITT

July 18, 2019
OPINION LETTER NO. 130-2019

The Honorable Nicole Galloway
Missouri State Auditor
State Capitol, Room 121
Jefferson City, MO 65101

Dear Auditor Galloway:

This office received your letter of July 8, 2019, submitting a fiscal note and fiscal note summary prepared under § 116.175, RSMo, for an initiative petition submitted by Mary Anne Sedey (20-080). The fiscal note summary that you submitted is as follows:

State governmental entities expect one-time costs of at least $1 million and possible ongoing costs. Local governments are expected to have costs of an unknown amount totaling at least $745,000 in one-time costs, $49,000 in annual costs, and $84,000 in costs per election.

Under § 116.175.4, RSMo, we approve the legal content and form of the fiscal note summary. Because our review of the fiscal note summary is mandated by statute, no action that we take with respect to such review should be construed as an endorsement of the initiative petition or as the expression of any view regarding the objectives of its proponents.

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-2019-0155