Did Missouri AG Opinion 23-2024 approve Winston Apple's proposed Article III initiative petition?

Plain-English summary

Missouri Attorney General Andrew Bailey approved Winston Apple's proposed Article III initiative petition, identified in the letter as 2026-02, as sufficient in form. The approval did not decide whether the proposal was legally sufficient in substance.

§ 116.332, RSMo left the Secretary of State with final authority over form. The opinion expressly stated that the Secretary could reject the petition despite the Attorney General's approval.

The letter also disclaimed any endorsement of the proposal, its objectives, or its general adequacy. The statutory review answered only whether the submitted petition satisfied formal requirements.

What this means for you

Initiative sponsors

The Attorney General found no form defect requiring rejection. That did not guarantee the Secretary of State's approval or establish substantive validity.

Election officials and voters

The opinion separates Attorney General form review, the Secretary of State's final form decision, and substantive legal sufficiency. Only the first was resolved favorably.

Common questions

Did the Attorney General approve the petition's substance?

No. The letter says that nonrejection as to form must not be read as a determination of substantive sufficiency.

Could the Secretary of State still reject the petition?

Yes. Under § 116.332, RSMo, the Secretary had final authority over approval or rejection of the form.

Was the opinion an endorsement of the proposal?

No. The Attorney General expressly disclaimed endorsement of the petition or its proponents' objectives.

Background and statutory framework

Secretary of State John R. Ashcroft requested review of Winston Apple's initiative petition to amend article III of the Missouri Constitution. The letter identifies the proposal as 2026-02, while the archive title uses 2026-002.

Citations and references

• § 116.332, RSMo

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/23-2024.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ANDREW BAILEY
November 22, 2024
OPINION LETTER NO. 23-2024

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 November 12, 2024 for our review under § 116.332, RSMo of the sufficiency as to form of an initiative petition to amend Article III, of the Missouri Constitution submitted by Winston Apple, 2026-02. We approve the petition as to form, but § 116.332 gives the Secretary of State final authority to approve or reject the petition. Therefore, our approval of the form of the petition does not preclude you from rejecting the petition. Because our review of the petition is simply for the purpose of determining sufficiency as to form, the fact that we do not reject the petition is not to be construed as a determination that the petition is sufficient as to substance. Likewise, because our review is mandated by statute, no action that we take with respect to such review should be construed as an endorsement of the petition or of the objectives of its proponents, or the expression of any view respecting the adequacy or inadequacy of the petition generally. Very truly yours,

ANDREW BAILEY
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-2024-024