Did the Missouri AG approve ballot language for a constitutional amendment imposing costs and fees for sheriff and prosecutor benefits?

Plain-English summary

Missouri's Secretary of State asked the Attorney General to review proposed fair ballot language for Senate Joint Resolution 71. Attorney General Andrew Bailey approved its legal content and form under § 116.025, RSMo.

The approved yes statement told voters that the amendment would levy costs and fees to support salaries and benefits for current and former sheriffs, prosecuting attorneys, and circuit attorneys, with the stated purpose of ensuring access to courts of justice. The no statement said the constitution would not be amended to impose those costs and fees.

The fiscal line stated that the measure would have no impact on taxes. The opinion expressly said its mandatory review was not an endorsement or a view about the proposal's objectives.

What this means for you

Missouri voters

The opinion approved the wording of the yes, no, and tax-impact statements. It did not evaluate the amendment's policy merits.

Sheriffs and prosecutors

The ballot summary described the proposed costs and fees as supporting salaries and benefits for current and former officeholders in the listed roles.

Election officials and ballot-measure attorneys

The approval was limited to legal content and form under the review statute.

Common questions

Q: Did the AG endorse the proposed fees?
A: No. The opinion expressly disclaimed endorsement.

Q: Whose compensation did the ballot language mention? A: Current and former sheriffs, prosecuting attorneys, and circuit attorneys.

Q: What did the fiscal statement say?
A: It said the measure would have no impact on taxes.

Background and statutory framework

The Secretary requested review under § 116.025, RSMo. The opinion reproduced the proposed fair ballot language and approved its legal content and form without deciding the proposal's merits.

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/17-2024.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ANDREW BAILEY
June 27, 2024
OPINION LETTER NO. 17-2024
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 June 18, 2024, for our review under
§ 116.025, RSMo, of a proposed fair ballot language for Senate Substitute for Senate Committee Substitute for Senate Joint Resolution No. 71. The proposed fair ballot language statement is as follows: A "yes" vote will amend the Missouri Constitution to levy costs and fees to support salaries and benefits for current and former sheriffs, prosecuting attorneys, and circuit attorneys to ensure all Missourians have access to the courts of justice. A "no" vote will not amend the Missouri Constitution to levy costs and fees related to current or former sheriffs, prosecuting attorneys and circuit attorneys. If passed, this measure will have no impact on taxes. 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

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-2024-019