Did the Missouri Attorney General approve the form of Mary Anne Sedey’s Article VIII petition 2020-107?

Plain-English summary

On August 19, 2019, Missouri Attorney General Eric Schmitt approved the form of Mary Anne Sedey’s version 3 initiative petition (2020-107) to amend Article VIII of the Missouri Constitution. The letter does not describe automatic registration, mail voting, voter records, or any other proposed provision. Official opinion.

The AG says § 116.332, RSMo, gives the Secretary of State final authority to approve or reject the petition. The letter states that form approval does not determine substantive sufficiency and is not endorsement of the proposal.

What this means for you

Petition proponents and election officials. The AG approved the form of version 3, file 2020-107. The Secretary of State retained the final form decision.

Voters and researchers. This letter identifies the proposed constitutional article and petition number only. It cannot establish which voting changes this version proposed.

Common questions

Did the AG approve Sedey’s version 3 petition?

Yes, as to form. The Secretary of State could still approve or reject it.

Did the AG decide what the amendment would do?

No. The letter does not describe the amendment’s terms and says the form decision does not establish substantive sufficiency.

Does this letter identify registration or mail-voting provisions?

No. It identifies only an Article VIII amendment submitted by Sedey as version 3 (2020-107).

Background and statutory framework

The Secretary of State requested review on August 9, 2019, under § 116.332, RSMo. The AG approved the form while disclaiming endorsement and any view on the petition’s general adequacy. Read the official letter.

Citations

• § 116.332, RSMo (form review).

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/171-2019.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ERIC SCHMITT
August 19, 2019
OPINION LETTER NO. 171-2019

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 9, 2019, for our review under § 116.332, RSMo, of the sufficiency as to form of an initiative petition to amend Article VIII of the Missouri Constitution submitted by Mary Anne Sedey, version 3 (2020-107). We approve the petition as to form, but § 116.332 gives the Secretary of State final authority to approve or reject the petition. Therefore, our approval of the form of the petition does not preclude you from rejecting the petition. Because our review of the petition is simply for the purpose of determining sufficiency as to form, the fact that we do not reject the petition is not to be construed as a determination that the petition is sufficient as to substance. Likewise, because our review is mandated by statute, no action that we take with respect to such review should be construed as an endorsement of the petition or of the objectives of its proponents, or the expression of any view respecting the adequacy or inadequacy of the petition generally. 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-2019·0198