Did Missouri approve the form of initiative petition 2026-003 to amend Article III?

Plain-English summary

The Missouri Attorney General approved initiative petition 2026-003 as sufficient in form under § 116.332, RSMo. The petition proposed to amend Article III of the Missouri Constitution.

The review was narrow. It did not decide whether the petition was legally or substantively sufficient, did not endorse the proposal, and did not prevent the Secretary of State from rejecting it.

What this means for you

Initiative sponsors

The opinion cleared the Attorney General's form-review step only. It did not validate the proposal's substance.

Secretary of State and voters

The Secretary of State retained final authority to approve or reject the petition. The opinion expressed no view on the proposal's objectives.

Common questions

Q: Was petition 2026-003 approved?
A: It was approved as to form by the Attorney General.

Q: Did the AG decide whether the amendment was lawful or sound? A: No. The letter expressly limited review to form.

Background and statutory framework

The Secretary of State requested review of Winston Apple's proposed Article III amendment. The form review was governed by § 116.332, RSMo.

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/24-2024.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ANDREW BAILEY
December 2, 2024
OPINION LETTER NO. 24-2024

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 22, 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, 2026-003. 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-2024-026