Did the Missouri AG approve ballot language for an additional Osage River gambling boat license funding literacy programs?

Plain-English summary

Missouri's Secretary of State requested review of fair ballot language for initiative petition 2024-165, submitted by Greta Bax to amend Article III of the Missouri Constitution. Attorney General Andrew Bailey approved its legal content and form under § 116.025, RSMo.

The yes statement said the amendment would allow the Missouri Gaming Commission to issue one additional excursion gambling boat license on the Osage River between the Missouri River and Bagnell Dam. It directed all state revenue from that license to early-childhood literacy programs in public elementary institutions.

The no statement said the constitution would not be changed regarding gambling boat licenses. The fiscal line stated that the measure would have no impact on taxes.

The opinion emphasized that the statutorily required review did not endorse the petition or express a view about its objectives.

What this means for you

Missouri voters

The approval concerned the legal content and form of the ballot summary. It did not recommend whether voters should authorize the license.

Gaming and education officials

The approved language tied one additional Osage River license to state revenue dedicated to early-childhood literacy programs.

Ballot-measure sponsors

The Attorney General completed the review for petition 2024-165 without endorsing it.

Common questions

Q: How many additional licenses did the language authorize? A: One excursion gambling boat license on the specified part of the Osage River.

Q: Where would state revenue go?
A: The approved summary directed all state revenue from the license to early-childhood literacy programs in public elementary institutions.

Q: Did the AG endorse the casino proposal?
A: No. The opinion expressly disclaimed endorsement.

Background and statutory framework

The Secretary requested review under § 116.025, RSMo. The opinion reproduced the proposed yes, no, and fiscal statements and approved their legal content and form.

Citations and references

Statute:

• § 116.025, RSMo

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/14-2024.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ANDREW BAILEY
May 31, 2024
OPINION LETTER NO. 14-2024
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 May 21, 2024, for our review under § 116.025, RSMo, of a proposed fair ballot language for Osage River Gambling Boat License. The proposed fair ballot language statement is as follows: A "yes" vote will amend the Missouri Constitution to allow the Missouri Gaming Commission to issue an additional gambling boat license to operate an excursion gambling boat on the Osage River, between the Missouri River and the Bagnell Dam. All state revenue derived from the issuance of the gambling boat license shall be appropriated to early-childhood literacy programs in public institutions of elementary education. A "no" vote will not amend the Missouri Constitution regarding gambling boat licensure. If passed, this measure will have no impact on taxes. Pursuant to § 116.025, RSMo, we approve the legal content and form of the proposed fair ballot language statement. Because our review of the fair ballot language statement is mandated by statute, no action we take with respect to such review should be construed as an endorsement of the initiative petition, nor as the expression of any view regarding the objectives of its proponents. Very truly yours,

ANDREW BAILEY
Attorney General
OP-2024-016
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