MO Opinion No. 167-2019 2019-08-09

Did the Missouri AG approve the ballot summary for Winston Apple's 2019 statutory initiative on a $5 income-tax checkoff to publicly fund clean-money campaigns (file 2020-099)?

Short answer: Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Apple's petition 2020-099 to amend Chapters 130 and 143 RSMo. The petition would create the Missouri Elections Trust Fund, fund it with a voluntary $5 state income-tax checkoff, and use the money to match contributions for candidates who decline corporate or PAC money and raise at least half their funds in $200-or-less individual gifts. The AG's review is procedural, not a policy endorsement.

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 AG opinions are persuasive authority but not binding precedent.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 2020-099 was Winston Apple's statutory initiative to amend Chapters 130 (campaign finance) and 143 (income tax) of the Revised Statutes of Missouri. It would create a Missouri Elections Trust Fund administered by the Department of Revenue, finance the fund with a voluntary $5 checkoff on state income tax returns, and use the money to provide matching public funding for candidates who agree to two conditions: not accept money from corporations or from PACs that take corporate contributions, and raise at least half of their total funds from individuals giving $200 or less per election cycle.

This is a "clean-money" or "matching small donor" framework. Several states (Maine, Arizona, Connecticut) and the City of Seattle have versions; the Apple petition would have made Missouri the fourth.

After the Secretary of State drafted the ballot summary, the AG reviewed it under § 116.334 RSMo. AG Schmitt's letter here approves the legal content and form of that summary. The AG's review is narrow, a legal-form check on the ballot question voters would see, not an endorsement of the policy.

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 ballot summary the AG approved

Do you want to amend Missouri law to:

create the Missouri Elections Trust Fund to be administered by the Department of Revenue;

create a $5 state income tax return checkoff to finance the Fund; and

use the money to provide matching public funding, based on campaign filings with the Missouri Ethics Commission, for candidates for elected office who agree (1) to not accept contributions from corporations or political action committees that accept corporate contributions; and (2) that at least one-half of all money raised by the candidate will come from individuals contributing $200 or less per election cycle?

Common questions

Q: How does the $5 checkoff work?
A: When taxpayers file their Missouri income tax return, they could check a box to direct $5 of their tax payment to the Elections Trust Fund. It is not an additional tax; it just earmarks part of what the taxpayer already owes.

Q: Who would qualify for matching funds?
A: Candidates who pledge to refuse corporate and corporate-PAC money and to raise at least half their funds from individuals giving $200 or less. The Missouri Ethics Commission would verify compliance through existing campaign finance filings.

Q: Did this petition reach the ballot?
A: The opinion does not say. Apple's August 2019 petitions do not appear to have advanced to the 2020 ballot.

Q: Why amend two chapters?
A: Chapter 143 governs Missouri income tax (the source of the $5 checkoff revenue). Chapter 130 governs campaign finance (where the matching-fund rules and candidate eligibility live). Touching both is necessary because the funding mechanism and the spending mechanism live in different places.

Q: Who can challenge the summary statement?
A: § 116.190 RSMo lets any registered voter challenge the official ballot summary as "insufficient or unfair" by filing suit in Cole County circuit court within ten days of certification.

Background and statutory framework

Chapter 116 RSMo lays out the initiative-petition pipeline:

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.
Secretary of State drafts a summary statement; AG reviews under § 116.334 RSMo (this opinion).
Petition certified for circulation.

Citations and references

Statutes: § 116.334 RSMo (the operative provision); § 116.190 RSMo (judicial challenges); § 116.175 RSMo (fiscal-note pipeline); § 116.332 RSMo (sufficiency-as-to-form); Chapter 130 RSMo (campaign finance, including § 130.011 definitions and § 130.057 contribution limits); Chapter 143 RSMo (Missouri income tax).

Sister Apple August 2019 petitions: 166-2019 / 179-2019 / 182-2019 (petition 2020-103, initiative protection); 177-2019 / 180-2019 (petition 2020-101, ranked-choice voting); 178-2019 / 181-2019 (petition 2020-102, proportional representation).

Source

Landing page: https://ago.mo.gov/other-resources/ag-opinions/
Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/167-2019.pdf?sfvrsn=2

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ERIC SCHMITT
August 9, 2019
OPINION LETTER NO. 167-2019
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 August 1, 2019, for our review under
§ 116.334, RSMo, of a proposed summary statement prepared for the petition submitted by Winston
Apple regarding a proposed amendment to amend Chapters 130 & 143, Revised Statutes of Missouri
(2020-099). The proposed summary statement is. as follows:
Do you want to amend Missouri law to:
•create the Missouri Elections Trust Fund to be administered by the
Department of Revenue;
•create a $5 state income tax return checkoff to finance the Fund; and
• use the money to provide matching public funding, based on
campaign filings with the Missouri Ethics Commission, for candidates
for elected office who agree (1) to not accept contributions from
corporations or political action committees that accept corporate
contributions; and (2) that at least one-half of all money raised by the
candidate will come from individuals contributing $200 or less per
election cycle?
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-2019-0194