Did the Missouri AG approve the 2024 fair ballot language for Anna Fitz-James's proposed abortion-rights amendment?

Plain-English summary

Missouri's Secretary of State asked the Attorney General to review fair ballot language for initiative petition 2024-086, submitted by Anna Fitz-James to amend Article I of the Missouri Constitution. Attorney General Andrew Bailey approved the legal content and form under § 116.025, RSMo.

The yes statement described a constitutional right to abortion at any time in pregnancy, a ban on abortion regulation including protections for women undergoing abortions, and a ban on civil or criminal recourse against a person whose abortion injured or killed the pregnant woman. The no statement said Missouri's statutory abortion prohibition would continue.

The fiscal statement said the measure might reduce local taxes and that the state-tax impact was unknown. The opinion expressly disclaimed endorsement or any view of the sponsor's objectives.

The source contains an internal mismatch. Its introductory sentence calls the proposal an "Osage River Gambling Boat License," but the subject line and all reproduced ballot language concern the abortion amendment. This page preserves that inconsistency rather than guessing at a correction.

What this means for you

Missouri voters

The AG approved the reproduced abortion-related ballot summary and fiscal statement. Approval addressed legal content and form, not whether the proposal should pass.

Ballot-measure sponsors and election officials

The opinion completed the statutory review for petition 2024-086 while preserving a contradictory introductory label in the official letter.

Common questions

Q: Did the AG endorse the abortion amendment?
A: No. The opinion expressly said mandatory review did not amount to endorsement.

Q: What fiscal effect did the approved language state?
A: It said local taxes might decrease and the effect on state taxes was unknown.

Q: Why does the opinion mention a gambling boat license? A: The official letter uses that label once in its introduction, but its subject and ballot text concern the abortion proposal. The opinion does not explain the mismatch.

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/15-2024.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ANDREW BAILEY
June 4, 2024
OPINION LETTER NO. 15-2024
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 23, 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 enshrine the right to abortion at any time of a pregnancy in the Missouri Constitution. Additionally, it will prohibit any regulation of abortion, including regulations designed to protect women undergoing abortions and prohibit any civil or criminal recourse against anyone who performs an abortion and hurts or kills the pregnant women. A "no" vote will continue the statutory prohibition of abortion in Missouri. If passed, this measure may reduce local taxes while the impact to state taxes is unknown. 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-2024-017
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