Did the Missouri AG approve the ballot summary for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 1, file 2020-072)?

Plain-English summary

On July 29, 2019, Missouri Attorney General Eric Schmitt approved the legal content and form of a proposed summary statement for Mary Anne Sedey’s version 1 petition (2020-072) to amend Article VIII of the state constitution. The statement proposed "automatic voter registration of individuals at least 16 years old from state agency lists," including the departments of revenue, social services, corrections, and conservation. It does not describe preregistration followed by entry onto the rolls at age 18. Official opinion.

The proposed summary also described election-day ballot transfer when a voter appears at the wrong polling place, permanent signup for voting by mail with voting allowed during the six weeks before an election, and a public record of each voter's method of voting. The AG expressly said its review was not an endorsement of the petition.

What this means for you

Voters and petition readers. The reviewed statement describes registration beginning at age 16; it gives no later age-18 enrollment step. It also describes the ballot, mail-voting, and voting-method provisions listed above.

Election officials. The AG approved this proposed statement’s legal content and form under § 116.334, RSMo. The letter does not say whether the petition later reached a ballot.

Common questions

Would the proposed summary register 16-year-olds automatically?

It says "establish automatic voter registration of individuals at least 16 years old from state agency lists." It does not describe a separate preregistration stage or delayed enrollment at 18.

What would happen if a voter went to the wrong polling place?

The proposed summary says the voter could cast a ballot there and election judges would later transfer the votes to the correct ballot.

What would become public about a voter?

The proposed summary says the voter’s method of voting, by mail, in person, or military, would be a public record. It does not say the vote choices would be public.

Background and statutory framework

The Secretary of State requested review under § 116.334, RSMo, of a proposed summary for version 1 (2020-072). The AG approved its legal content and form while disclaiming endorsement. The letter does not compare other petition versions. Read the official letter.

Citations

• § 116.334, RSMo (summary-statement review).

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/144-2019.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ERIC SCHMITT
July 29, 2019
OPINION LETTER NO. 144-2019
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 19, 2019, for our review under
§ 116.334, RSMo, of a proposed summary statement prepared for the petition submitted by Mary Anne Sedey regarding a proposed constitutional amendment to amend Article VIII of the Missouri Constitution, version 1 (2020-072). The proposed summary statement is as follows: Do you want to amend the Missouri Constitution to:

• establish automatic voter registration of individuals at least 16 years old from state agency lists (including the departments of revenue, social services, corrections and conservation);
• allow voters on election day to appear at the wrong polling place, vote on a wrong ballot, and have election judges later transfer the votes to the right ballot;
• allow voters to sign up to permanently vote by mail, with voting by mail allowed during the six weeks before each election; and
• make voters' method of voting a public record (mail, in person or military)? Pursuant to § 116.334, RSMo, we approve the legal content and form of the proposed statement. Because our review of the statement is mandated by statute, no action that we take with respect to such review should be construed as an endorsement of the petition, nor 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-2019-0169