Did the Missouri AG approve Charles Hurth's 2019 Article VIII initiative petition (2020-124)?
Plain-English summary
This opinion is one of the rare ones in the Chapter 116 line where the AG rejects an initiative petition rather than approving it. Charles Hurth filed a petition (file number 2020-124) to amend Article VIII of the Missouri Constitution (the suffrage and elections article). On the AG's § 116.332 RSMo review, AG Schmitt's office found that the petition did not comply with § 116.050 RSMo's drafting requirements: it did not bracket the matter the petition would delete from the existing constitutional text, and it did not underline new matter the petition would add.
The opinion is short. It identifies the one defect, declines to look for additional defects, and notes that the Secretary of State (not the AG) makes the final call on form under § 116.332.4 RSMo.
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: What does § 116.050 RSMo actually require?
A: When an initiative petition proposes to amend an existing law or constitutional provision, § 116.050 says the petition must reproduce the existing language with deletions enclosed in brackets and additions shown underlined. The point is that voters who read the petition can see exactly what would change. Hurth's petition did not do that.
Q: Could the proponent fix this and refile?
A: Yes, in practice. A rejection on form grounds is not a determination on the merits. The proponent can revise the petition to comply with § 116.050 (bracket deletions, underline additions) and refile. Most rejected petitions get refiled as a corrected version with a new petition number.
Q: Why didn't the AG check for other defects?
A: The opinion says: "Because of our rejection of the form of the petition for the reasons stated above, we have not reviewed the petition to determine whether additional deficiencies exist." Once one fatal defect is identified, the office stops. So the proponent knows about this defect; if they refile, they could still hit other defects on the next pass.
Q: Does the rejection bind the Secretary of State?
A: No. § 116.332.4 RSMo expressly says the Secretary of State has authority to "make a final decision as to the approval or rejection of the form of the petition." The AG's view is advisory.
Q: How often does the AG reject petitions?
A: Rarely. Most Chapter 116 letters in any given year are approvals. Rejections happen when a proponent files without an attorney or skips the formatting rules. In practice the threshold is low: § 116.050 compliance, basic structural elements.
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 (this opinion).
- 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.
- Petition certified for circulation; signatures gathered by deadline.
§ 116.050 RSMo's bracket-and-underline rule is a drafting standard, like the rule that a petition must include the full text of the proposal. Compliance is mechanical, but it matters because the petition is what voters sign and what circulating committees print.
Citations and references
Statutes: § 116.332 RSMo (the operative provision); § 116.050 RSMo (drafting form rules); § 116.332.4 RSMo (Secretary of State final decision).
Source
- Landing page: https://ago.mo.gov/other-resources/ag-opinions/
- Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/217-2019.pdf?sfvrsn=2
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
October 11, 2019
OPINION LETTER NO. 217-2019
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 October 1, 2019, for our review under § 116.332, RSMo, of the sufficiency as to form of an initiative petition submitted by Charles Hurth (2020-124).
We conclude that the petition must be rejected for at least the following reason:
The petition does not contain "all matter which is to be deleted included in its proper place enclosed in brackets and all new matter shown underlined" as required pursuant to § 116.050, RSMo.
Because of our rejection of the form of the petition for the reasons stated above, we have not reviewed the petition to determine whether additional deficiencies exist. Pursuant to § 116.332.4, RSMo, the Secretary of State is authorized to review this opinion and "make a final decision as to the approval or rejection of the form of the petition."
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-2019-0249