Did Missouri's AG approve the form of the Carlton McRoberts 'Miranda Rights' initiative petition version 2 (2020-037)?

Plain-English summary

This is a companion to Opinion 22-2019, issued the same day. Carlton McRoberts had submitted two versions of a proposed Missouri constitutional amendment relating to "Miranda Rights." The Secretary of State requested AG review of the form of both. The AG rejected both on the same grounds.

For Petition 2020-037, the AG concluded:

• The petition was not in the form prescribed by § 116.040, RSMo (general form requirements for initiative petitions).
• The petition did not show deletions in brackets and new matter underlined as required by § 116.050, RSMo.

The AG did not reach any other potential defects. Under § 116.332.4, RSMo, the Secretary of State has final authority to approve or reject the form. This opinion is advisory.

The opinion does not describe the substance of the proposed amendment. The defect was at the document-format level.

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. Whether the sponsor refiled corrected versions is a separate question that the Missouri Secretary of State's records would show.

Common questions

Why are 22-2019 and 23-2019 nearly identical?

Because Carlton McRoberts submitted two near-identical versions of the same proposed amendment, and both had the same form defects. The AG reviews each petition independently and issues a separate opinion letter for each.

What happens after rejection on form?

The sponsor can refile a corrected version under a new petition number. The form review then starts over. If the sponsor disagrees with the rejection, the Secretary of State (under § 116.332.4) makes the final administrative call, and ultimately a court can decide the question.

Was a corrected version filed?

The opinion does not say. The Missouri Secretary of State's initiative petition records would reflect any subsequent filing.

Does the AG ever review the constitutional substance of a petition at this stage?

No. The form review under § 116.332 looks only at the format. A separate process applies to the summary statement, and constitutional issues with the proposed amendment would typically come up in pre-election or post-election litigation, not in the AG form review.

Background and statutory framework

The form rules:

• § 116.040, RSMo: petition layout requirements (heading, ballot title, sheets, signature pages, circulator).
• § 116.050, RSMo: deletions in brackets, new matter underlined when amending existing text.
• § 116.332, RSMo: AG review of form, on Secretary of State's request.
• § 116.332.4, RSMo: Secretary of State's final authority on form.

When a petition is rejected as to form, the sponsor can refile a corrected version. This is routine.

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/23-2019.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. 23-2019

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 11, 2019, for our review under § 116.332, RSMo, of the sufficiency as to form of an initiative petition submitted by Carlton McRoberts, (2020-037).

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-2019-0013