Ezel / AG Opinions / MO
MO Opinion No. 185-2019 2019-09-06

Did the Missouri AG approve the fiscal note for Mary Anne Sedey's 2019 Article VIII voting-access initiative petition (version 3, file 2020-107)?

Short answer: Yes, as to legal content and form. AG Schmitt approved the State Auditor's fiscal note for Sedey's voting-access petition 2020-107 (version 3). The summary projected at least $1 million in one-time state costs and local costs of at least $756,000 one-time, $204,000 annually, and $658,000 per election. The AG's approval is procedural and does not vouch for the dollar figures.
Currency note: this opinion is from 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.
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 AG opinions are persuasive authority but not binding precedent.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

Mary Anne Sedey filed eight parallel initiative petitions in August 2019 (numbers 2020-105 through 2020-112) to amend Article VIII of the Missouri Constitution (suffrage and elections) with a package of voting-access reforms. Petition 2020-107 is version 3.

Once the State Auditor prepared a fiscal note, the AG reviewed the legal content and form under § 116.175.4 RSMo. AG Schmitt's letter here approves the fiscal note summary for version 3:

State governmental entities expect one-time costs of at least $1 million and possible ongoing costs. Local governments are expected to have costs of an unknown amount totaling at least $756,000 in one-time costs, $204,000 in annual costs, and $658,000 in costs per election.

The AG's review is narrow: a legal-form check on the fiscal note summary. It does not endorse the petition, vouch for the dollar figures, or examine "the fairness or sufficiency of the estimated fiscal impact."

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.

Common questions

Q: Why does the local cost vary slightly across Sedey versions?
A: The Auditor's projection differs based on whether the version includes 16-17 year old pre-registration. Version 3 includes teen pre-registration, projecting $756,000 one-time and $204,000 annual local costs. Versions without teen pre-registration project $745K/$192K; versions with project $756K/$204K. The teen pre-registration adds about $11K one-time and $12K annual to the projection.

Q: Why a $658,000 per-election cost?
A: Local election authorities (county clerks and election boards in Missouri) would have to staff for higher mail-ballot volume, print and mail more ballots, and process them. Per-election cost is the recurring burden each statewide or local election would impose on local government.

Q: Did this petition reach the ballot?
A: The opinion does not say. None of the September 2019 Sedey versions appears to have advanced to the 2020 ballot.

Background and statutory framework

Chapter 116 RSMo lays out the initiative-petition pipeline. This opinion sits at step 3:

  1. Proponent files the petition with the Secretary of State.
  2. AG reviews sufficiency as to form under § 116.332 RSMo.
  3. State Auditor prepares a fiscal note; AG reviews under § 116.175.4 RSMo (this opinion).
  4. Secretary of State drafts a summary statement; AG reviews under § 116.334 RSMo.
  5. Petition certified for circulation.

Citations and references

Statutes: § 116.175 RSMo, § 116.175.4 RSMo (the operative provisions); § 116.332 RSMo; § 116.334 RSMo; § 116.190 RSMo.

Sister Sedey Article VIII fiscal-note opinions in this cluster: 183-2019 (version 1, 2020-105), 184-2019 (version 2, 2020-106), plus 186-2019 (v4, 20-108), 187-2019 (v5, 20-109), 188-2019 (v6, 20-110), 189-2019 (v7, 20-111), 190-2019 (v8, 20-112).

Summary-statement reviews on the same Sedey cluster: 195-2019 (v1, 2020-105), 196-2019 (v2, 2020-106), 197-2019 (v3, 2020-107), 198-2019 (v4, 2020-108), 199-2019 (v5, 2020-109), 200-2019 (v6, 2020-110), 201-2019 (v7, 2020-111), 202-2019 (v8, 2020-112).

Source

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain, the linked PDF is authoritative.

ATTORNEY GENERAL OF MISSOURI

ERIC SCHMITT

September 6, 2019

OPINION LETTER NO. 185-2019

The Honorable Nicole Galloway
Missouri State Auditor
State Capitol, Room 121
Jefferson City, MO 65101

Dear Auditor Galloway:

This office received your letter of August 29, 2019, submitting a fiscal note and fiscal note summary prepared under § 116.175, RSMo, for an initiative petition submitted by Mary Anne Sedey (20-107). The fiscal note summary that you submitted is as follows:

State governmental entities expect one-time costs of at least $1 million and possible ongoing costs. Local governments are expected to have costs of an unknown amount totaling at least $756,000 in one-time costs, $204,000 in annual costs, and $658,000 in costs per election.

Under § 116.175.4, RSMo, we approve the legal content and form of the fiscal note summary. Because our review of the fiscal note summary is mandated by statute, no action that we take with respect to such review should be construed as an endorsement of the initiative petition or as the expression of any view regarding the objectives of its proponents. Furthermore, our review under § 116.175.4 does not examine the fairness or sufficiency of the estimated fiscal impact.

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-2019-0214