Ezel / AG Opinions / MO
MO Opinion No. 142-2019 2019-07-26

Did the Missouri AG approve the fiscal note for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (file 20-098)?

Short answer: Yes, as to legal content and form. AG Schmitt approved the fiscal note prepared by State Auditor Galloway for Sedey's petition 20-098. Same projected fiscal numbers as the parallel 20-097 petition: at least $1 million in one-time state costs (with possible ongoing costs), plus local-government costs of at least $756,000 one-time, $61,000 annual, and $82,000 per election. AG review under § 116.175.4 RSMo is procedural; it does not assess fairness or accuracy of the projection.
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 AG opinions are persuasive authority but not binding precedent.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 2020-098 was Mary Anne Sedey's parallel voting-access initiative to amend Article VIII of the Missouri Constitution. The ballot summary is identical to its sister petition 2020-097; the underlying constitutional drafting differs slightly. The full mechanics are described in the companion summary-statement opinion 163-2019.

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 is identical to the one for 2020-097 (opinion 141-2019): state one-time costs of at least $1 million plus possible ongoing costs; local-government one-time costs of at least $756,000, annual $61,000, and per-election $82,000. AG Schmitt's letter approves the legal form of that fiscal note.

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 is the FN identical to 2020-097's?
A: The two petitions implement the same policy package; they only differ in the underlying constitutional drafting. The auditor's fiscal model treats them as fiscally indistinguishable.

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:

  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 (the operative provision); § 116.190 RSMo (judicial challenges); § 116.332 RSMo; § 116.334 RSMo.

Companion opinion on the same petition (2020-098): 163-2019 (summary statement review).

Sister petition fiscal-note opinion: 141-2019 (Sedey 2020-097).

Source

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ERIC SCHMITT
July 26, 2019
OPINION LETTER NO. 142-2019
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 (20·098). 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-2019·0167