Did Missouri's AG approve the form of the Carlton McRoberts 'Miranda Rights' initiative petition (2020-036)?

Plain-English summary

Under § 116.332, RSMo, the Missouri Attorney General reviews an initiative petition's "sufficiency as to form" at the request of the Secretary of State. This is a procedural check, not a constitutional review. The AG looks at whether the petition complies with the prescribed format rules in Chapter 116, RSMo. Two of those rules are central:

• § 116.040 prescribes the form for an initiative petition (heading, official ballot title, separate sheets, signature lines, and so on).
• § 116.050 requires that when a petition proposes to amend existing constitutional or statutory text, "all matter which is to be deleted [must be] included in its proper place enclosed in brackets and all new matter shown underlined."

Petition 2020-036, submitted by Carlton McRoberts, was rejected on January 18, 2019 for failing both of these rules. The AG did not reach any other potential issues with the petition. Under § 116.332.4, the Secretary of State has final authority to approve or reject form, so this opinion is advisory to the Secretary.

The "Miranda Rights" framing in the subject line is the petition's self-description as a proposed constitutional amendment relating to Miranda rights. The opinion letter itself does not analyze the substance, only the form defects. See companion opinion 23-2019, issued the same day, rejecting a near-identical petition (2020-037) by the same sponsor on the same grounds.

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. The petition was rejected as to form; whether the sponsor refiled a properly formatted version is a separate question that the Missouri Secretary of State's records would show.

Common questions

What does "rejected as to form" mean?

It means the petition document, as submitted, does not look the way Missouri law requires. It says nothing about whether the underlying policy is sound or constitutional. Sponsors can refile a corrected version.

Why is showing brackets and underlining so important?

Because the petition asks voters to amend the Missouri Constitution or statutes. Voters need to see what current text is being deleted (in brackets) and what new text is being added (underlined). Without that, the petition obscures the actual legal change.

Does the AG's rejection bind the Secretary of State?

No. Under § 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." The AG's opinion is advisory.

What is the "Miranda Rights" amendment about?

The opinion does not describe the substance of the proposed amendment because the AG rejected the petition on form grounds and did not reach the substance. The petition's title self-describes it as an amendment to "Miranda Rights" in the Missouri Constitution, but the operative text would have to be reviewed separately.

Background and statutory framework

Missouri's initiative process is governed by Chapter 116, RSMo. The form requirements are:

• § 116.040, RSMo: prescribes the layout of the petition (heading, ballot title, signature pages, circulator information).
• § 116.050, RSMo: requires deletions and additions to existing text to be shown in brackets and underlining, respectively.
• § 116.332, RSMo: requires AG review of form when requested by the Secretary of State.
• § 116.332.4, RSMo: gives the Secretary of State final authority on form approval or rejection.

Sponsors who receive a form rejection commonly refile a corrected version under a new number. Each refiling resets the review.

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/22-2019.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, ATTORNEY GENERAL
JEFFERSON CITY, P.O. Box 899, 65102
(573) 751-3321

January 18, 2019

OPINION LETTER NO. 22-2019

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 January 10, 2019, for our review under § 116.332, RSMo, of the sufficiency as to form of an initiative petition submitted by Carlton McRoberts, (2020-036).

We conclude that the petition must be rejected for at least the following reasons:

1. The petition is not in the form prescribed by § 116.040, RSMo.

2. 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

OP-2019-0012