Did the Missouri AG approve the form of Winston Apple's 2019 initiative petition to amend Article III of the Missouri Constitution (petition 2020-140)?
Plain-English summary
Secretary of State John Ashcroft sent the Attorney General Winston Apple's draft initiative petition (number 2020-140, proposing an amendment to Article III of the Missouri Constitution) for the AG's "sufficiency as to form" review under § 116.332 RSMo. AG Schmitt approved the petition's form. He went out of his way to point out three things the approval was not: (1) it did not preclude the Secretary of State from rejecting the petition; (2) it was not a determination that the petition was sufficient as to substance; and (3) it was not an endorsement of the proposal or a comment on the petition's adequacy generally.
The opinion contains no description of what Apple's petition would do. Article III of the Missouri Constitution is the legislative-branch article, covering topics such as the General Assembly's structure, terms, powers, and procedures.
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 is "sufficiency as to form" review?
A: A narrow check on whether an initiative petition is properly formatted under Missouri statute (e.g., proper section structure, required certifications, no obvious defects in legal drafting). It is not an evaluation of whether the proposed law is constitutional, sound policy, or substantively sufficient.
Q: Can the Secretary of State still reject a petition the AG approved?
A: Yes. The opinion is explicit: § 116.332 RSMo gives the Secretary of State "final authority to approve or reject the petition." AG approval is one step in the process, not the last word.
Q: What does Article III of the Missouri Constitution cover?
A: Article III is the "Legislative Department" article. It governs the structure of the General Assembly (House and Senate), terms of office, qualifications, sessions, lawmaking procedures, term limits, and related matters. The opinion does not say which provisions of Article III the Apple petition would have changed.
Q: Did this petition reach the 2020 ballot?
A: The opinion is not the right place to look for that information. Petitions go through additional steps (signature gathering, certification, ballot title litigation) after AG sufficiency-as-to-form approval. Whether 2020-140 made the ballot depends on those downstream events.
Background and statutory framework
Missouri's initiative process gives the Attorney General two distinct kinds of pre-circulation review:
- Sufficiency as to form under § 116.332 RSMo (this opinion). The AG checks whether the petition's legal form complies with statutory requirements. The Secretary of State retains final approval authority.
- Fiscal note summary review under § 116.175 RSMo (see opinions 247, 250, 252-256 in this same November-December 2019 cluster). The State Auditor prepares a fiscal note summary, and the AG approves its legal content and form.
Both reviews are procedural, not substantive. Substantive challenges to a petition's content go to the Missouri courts after the petition is certified or rejected.
Citations and references
Statutes: § 116.332, RSMo.
Companion AG opinion in same Apple cluster: 249-2019 (Apple petition 2020-141, amending Chapter 192 RSMo).
Source
- Landing page: https://ago.mo.gov/other-resources/ag-opinions/
- Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/248-2019.pdf?sfvrsn=2
Original opinion text
ATTORNEY GENERAL OF MISSOURI
Eric SCHMITT
November 22, 2019
OPINION LETTER NO. 248-2019
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 November 13, 2019,
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, (2020-140).
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,
sb us
ERIC S. SCHMITT
Attorney General
Supreme Court Building
207 W. High Street
P.O. Box 899 OP-2019-0282
Jefferson City, MO 65102
Phone: (573) 751-3321
Fax: (573) 751-0774
Www.ago.mo.gov