MO Opinion No. 253-2019 2019-12-06

Did the Missouri AG approve the fiscal note summary for Mary Ann Sedey's 2019 elections-article initiative petition (2020-129)?

Short answer: Yes. AG Schmitt approved the legal content and form of the fiscal note summary for Mary Ann Sedey's petition 2020-129, the first of four sister petitions to amend Article VIII (Suffrage and Elections) of the Missouri Constitution. The summary projected at least $1 million in one-time state costs, possible ongoing state costs, and local costs of at least $746,000 one-time, $138,000 annually, plus $61,000 per election. The AG's approval is procedural; it does not endorse the policy or vouch for the dollar figures.

Disclaimer: This is an official Missouri Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed Missouri attorney for advice on your specific situation.

Plain-English summary

Mary Ann Sedey filed four parallel petitions in November 2019 (numbers 2020-129 through 2020-132) to amend Article VIII of the Missouri Constitution, the article governing suffrage and elections. AG Schmitt's opinion approved the legal content and form of the State Auditor's fiscal note summary for petition 2020-129. The summary read:

State governmental entities expect one-time costs of at least $1 million and possible ongoing costs. Local governments are expected to have costs of an unknown amount totaling at least $746,000 in one-time costs, $138,000 in annual costs, and $61,000 in costs per election.

The "costs per election" line is the most telling part: the petition would have changed how local governments administer elections, with a recurring per-election cost. The opinion does not describe the substantive change. The AG's review under § 116.175.4 RSMo is a procedural form check.

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 was Sedey's petition about?
A: The opinion does not describe the substance. Article VIII of the Missouri Constitution covers voter qualifications, election administration, party primaries, recall, initiative and referendum, and related election topics. The fiscal note's "$61,000 per election" line in this version (and the $144,000 figure in the parallel 254 and 255 opinions) suggests new election-administration duties for local governments. The substantive policy is reviewable in the petition itself, not in this opinion.

Q: Why are there four parallel Sedey petitions?
A: Initiative proponents commonly file multiple drafts of the same idea so they can pick the one that survives the AG's form review and the inevitable ballot-summary litigation. The four 2020-129 to 2020-132 versions are siblings; the per-election cost differs (this version $61,000; 254-255 each $144,000; 256 $61,000), which suggests two pairs of variants distinguished by the scope of new election work imposed on counties.

Q: Did this petition reach the 2020 ballot?
A: The opinion does not say. Sufficiency-as-to-form approval and a fiscal note approval are early steps; the proponent still has to gather signatures by statutory deadlines and survive any ballot-title challenge.

Q: Who pays the per-election cost?
A: The fiscal note attributes the cost to local governments. In Missouri, county clerks and election authorities run elections, so a per-election cost increase generally falls on county budgets unless the state reimburses.

Background and statutory framework

The procedural pipeline is the same as for the Hirner petitions in this same November-December 2019 cluster: the State Auditor prepares the fiscal note and summary, the AG approves the legal content and form under § 116.175.4 RSMo, and the petition can then circulate. The AG's approval does not endorse the policy or vouch for the projected numbers.

Citations and references

Statutes: § 116.175, RSMo; § 116.175.4, RSMo.

Sister opinions in the Sedey cluster: 254-2019 (petition 2020-130); 255-2019 (petition 2020-131); 256-2019 (petition 2020-132).

Source

Landing page: https://ago.mo.gov/other-resources/ag-opinions/
Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/253-2019.pdf?sfvrsn=2

Original opinion text

ATTORNEY GENERAL OF MISSOURI

Eric SCHMITT
December 6, 2019

OPINION LETTER NO. 258-2019
The Honorable Nicole Galloway
Missouri State Auditor
State Capitol, Room 121
Jefferson City, MO 65101

Dear Auditor Galloway:

This office received your letter dated November 26, 2019, submitting a fiscal
note summary prepared under § 116.175, RSMo, for an initiative petition submitted
by Mary Ann Sedey, (2020-129) the fiscal note summary that you submitted is as
follows:

State governmental entities expect one-time costs of at
least $1 million and possible ongoing costs. Local
governments are expected to have costs of an unknown
amount totaling at least $746,000 in one-time costs,
$138,000 in annual costs, and $61,000 in costs per
election.

Under § 116.175.4, RSMo, we approve the legal content and form of
the fiscal note summary. Because our review of the fiscal note summary is
mandated by statute, no action that we take with respect to such review should
be construed as an endorsement of the initiative petition or as the expression
of any view regarding the objectives of its proponents. Furthermore, our review
under § 116.175.4 does not examine the fairness or sufficiency of the estimated
fiscal impact.

Very truly yours,

Gf as

ERIC 8S. SCHMITT
Attorney General

Supreme Court Building
207 W. High Street
P.O. Box 899
Jefferson City, MO 65102 OP-2019-0287
Phone: (573) 751-3321
Fax: (573) 751-0774
WWW.ag0.N0.g0V