Did the Missouri AG approve the form of Winston Apple's 2019 initiative petition to amend Chapter 192 RSMo (petition 2020-141)?
Plain-English summary
Missouri lets initiative petitioners propose changes to either the state constitution or the Revised Statutes of Missouri. Winston Apple's petition 2020-141 was a statutory initiative: it would have amended Chapter 192 RSMo, the chapter that governs the Department of Health and Senior Services. Secretary of State John Ashcroft sent the draft petition to the Attorney General for "sufficiency as to form" review under § 116.332 RSMo, and AG Schmitt approved it.
As with all sufficiency-as-to-form approvals, the opinion was careful to limit itself: AG approval did not stop the Secretary of State from rejecting the petition for other reasons, did not pass on substance, and did not endorse the policy. The opinion does not describe what changes Apple wanted to make to Chapter 192.
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 the difference between a constitutional and a statutory initiative?
A: A constitutional initiative amends the Missouri Constitution; once enacted, it can only be undone by another constitutional amendment. A statutory initiative amends an RSMo chapter; once enacted, the Legislature can amend or repeal it like any other statute. Apple's companion petition 2020-140 (covered in opinion 248-2019) was a constitutional initiative; this one (2020-141) is statutory.
Q: What is Chapter 192 RSMo?
A: Chapter 192 of the Revised Statutes of Missouri governs the Department of Health and Senior Services and a wide range of public health programs. The opinion does not say which provisions Apple's petition would have changed.
Q: Why did Apple file two petitions on the same day?
A: Initiative proponents often file parallel constitutional and statutory versions of the same idea. The two routes have different ballot thresholds and different downstream amendment options. The opinion does not state whether Apple intended both to circulate.
Q: Does AG approval mean the petition will appear on the ballot?
A: No. After AG approval, the Secretary of State has final authority to accept or reject the petition, and proponents must then collect the required voter signatures within statutory deadlines.
Background and statutory framework
§ 116.332 RSMo's sufficiency-as-to-form review is a narrow statutory gate. It checks the formal legal structure of the petition (proper drafting, required certifications, statutory format), not the substance. Substantive challenges generally come later, in court, after the Secretary of State acts on the petition or after a ballot title is drafted.
Statutory initiatives use the same review path as constitutional initiatives but propose changes that the Missouri General Assembly can later amend by ordinary legislation, unlike constitutional initiatives.
Citations and references
Statutes: § 116.332, RSMo; Chapter 192, RSMo (subject of the petition).
Companion AG opinion in same Apple cluster: 248-2019 (Apple petition 2020-140, amending Article III of the Missouri Constitution).
Source
- Landing page: https://ago.mo.gov/other-resources/ag-opinions/
- Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/249-2019.pdf?sfvrsn=2
Original opinion text
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ATTORNEY GENERAL OF MISSOURI
ERIC SCHMITT
November 22, 2019
OPINION LETTER NO. 249-2019
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 Chapter 192, of the Missouri Constitution
submitted by Winston Apple, (2020-141).
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,
Bosh pus
ERIC S. SCHMITT
Attorney General
Supreme Court Building
207 W. High Street
P.O. Box 899 OP-2019-0283
Jefferson City, MO 65102
Phone: (573) 751-3321
Fax: (573) 751-0774
WWW.ago.m0.gov