Did the Missouri AG approve the ballot language for the 2024 proposal on citizenship, single votes, and ranked-choice voting?

Plain-English summary

Missouri's Secretary of State submitted proposed fair ballot language for Senate Joint Resolution 78. Attorney General Andrew Bailey approved its legal content and form under § 116.025, RSMo.

The approved language told voters that a yes vote would amend the state constitution to specify that only United States citizens could vote, limit each voter to a single vote for each candidate or issue, restrict candidate ranking, and make the highest vote-getter the party's sole general-election candidate and the general-election winner.

It also described an exception for a nonpartisan municipal election in a city that already had an ordinance, effective by November 5, 2024, using a preliminary election from which more than one candidate advanced. The fiscal line stated that the measure would have no impact on taxes.

The AG emphasized that statutory approval did not endorse the proposal or express a view about its sponsors' objectives.

What this means for you

Missouri voters

The opinion approved the wording presented to voters. It did not decide whether the proposed voting rules were wise or should be adopted.

Election and municipal officials

The approved summary included the existing-ordinance exception for specified nonpartisan municipal election systems.

Ballot-measure sponsors

The Attorney General completed the legal-content and form review required by statute without endorsing the measure.

Common questions

Q: Did the AG approve Senate Joint Resolution 78 itself? A: No. The approval covered the proposed fair ballot language, not the policy merits.

Q: What voting methods did the summary address? A: It addressed citizenship, one vote per candidate or issue, restrictions on ranking candidates, and winner-selection rules for primary and general elections.

Q: Did the language predict a tax impact?
A: It stated that 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 yes, no, and fiscal-effect statements and approved their legal content and form without further analysis.

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/18-2024.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ANDREW BAILEY
June 27, 2024
OPINION LETTER NO. 18-2024

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 Senate Substitute for Senate Joint Resolution No. 78. The proposed fair ballot language statement is as follows: A "yes" vote will amend the Missouri Constitution to specify that only United States citizens are entitled to vote, voters shall only have a single vote for each candidate or issue, restrict any type of ranking of candidates for a particular office and require the person receiving the greatest number of votes at the primary election as a party candidate for an office shall be the only candidate for that party at the general election, and require the person receiving the greatest number of votes for each office at the general election shall be declared the winner. This provision does not apply to any nonpartisan municipal election held in a city that had an ordinance in effect as of November 5, 2024, that requires a preliminary election at which more than one candidate advances to a subsequent election. A "no" vote will not amend the Missouri Constitution to make any changes to how voters vote in primary and general elections. 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. 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

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-2024-020