Did the Missouri AG approve the fiscal note for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (file 20-097)?
Plain-English summary
Petition 2020-097 was Mary Anne Sedey's voting-access initiative to amend Article VIII of the Missouri Constitution with automatic voter registration of 16+ year olds (including from the Department of Corrections), provisional ballot transfer at the wrong polling place, permanent vote-by-mail signup, and voting-method public records. The full mechanics are described in the companion summary-statement opinion 162-2019.
Under § 116.175 RSMo, the State Auditor prepares a fiscal note explaining the petition's expected revenue and cost effects. The AG then reviews the fiscal note's "legal content and form" under § 116.175.4 RSMo. The AG approves form, not accuracy, of the auditor's numbers.
The fiscal note approved here projects state government one-time costs of at least $1 million, plus possible ongoing costs (the auditor flagged direction without quantifying). Local governments expect at least $756,000 in one-time costs, $61,000 in annual recurring costs, and $82,000 per election cycle. The cost drivers are election-administration system upgrades, voter-list integration with state agencies, expanded mail-ballot processing capacity, and per-election volume increases.
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 $756,000 in one-time costs, $61,000 in annual costs, and $82,000 in costs per election.
Common questions
Q: Why are local governments hit harder per-election than the state?
A: Missouri elections are largely run by counties and local election authorities. They process voter registrations, mail ballots, staff polling places, and pay per-cycle expenses. The state mostly sets the rules and runs central voter-registration infrastructure. So per-election cost increases land at the local level.
Q: Is this fiscal note a sister to other Sedey opinions?
A: Yes. Opinion 142-2019 is the FN review for Sedey's parallel petition 2020-098, with the same projected fiscal numbers. The AG enrichment for 162-2019 (this petition's SS) explains the policy.
Q: Why does the AG say the review does not examine "fairness or sufficiency"?
A: § 116.175.4 RSMo limits AG review to legal content and form. Whether the auditor's number is the right number is a separate question, litigable under § 116.190 RSMo.
Q: Did the petition reach the ballot?
A: The opinion does not say. None of Sedey's 2019 petition versions appears to have advanced to the 2020 ballot.
Background and statutory framework
Chapter 116 RSMo lays out the initiative-petition pipeline. This opinion sits at step 3:
- Proponent files the petition with the Secretary of State.
- AG reviews sufficiency as to form under § 116.332 RSMo.
- State Auditor prepares a fiscal note; AG reviews under § 116.175.4 RSMo (this opinion).
- Secretary of State drafts a summary statement; AG reviews under § 116.334 RSMo.
- Petition certified for circulation.
Citations and references
Statutes: § 116.175 RSMo (the operative provision); § 116.190 RSMo (judicial challenges); § 116.332 RSMo; § 116.334 RSMo.
Companion opinion on the same petition (2020-097): 162-2019 (summary statement review).
Sister petition fiscal-note opinion: 142-2019 (Sedey 2020-098).
Source
- Landing page: https://ago.mo.gov/other-resources/ag-opinions/
- Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/141-2019.pdf?sfvrsn=2
Original opinion text
ATTORNEY GENERAL OF MISSOURI
ERIC SCHMITT
July 26, 2019
OPINION LETTER NO. 141·2019
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 17, 2019, submitting a fiscal note and
fiscal note summary prepared under § 116.175, RSMo, for an initiative
petition submitted by Mary Anne Sedey (20·097). 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 $756,000 in one·time costs,
$61,000 in annual costs, and $82,000 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-2019-0166