Ezel / AG Opinions / MO
MO Opinion No. 254-2019 2019-12-06

Did the Missouri AG approve the fiscal note summary for Mary Ann Sedey's elections-article petition 2020-130?

Short answer: Yes. AG Schmitt approved the legal content and form of the Auditor's fiscal note summary for Sedey's petition 2020-130, the second of four sister Article VIII election initiatives. 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 $144,000 per election. The AG's approval is procedural; it does not endorse the policy or vouch for the dollar figures.
Currency note: this opinion is from 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.
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 AG opinions are persuasive authority but not binding precedent.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

Petition 2020-130 was the second of Mary Ann Sedey's four parallel petitions to amend Article VIII of the Missouri Constitution (the suffrage and elections article). AG Schmitt approved the legal content and form of the Auditor's fiscal note summary, which 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 $144,000 in costs per election.

The "$144,000 in costs per election" figure (more than double the $61,000 projected in sister petition 2020-129) suggests that this version contemplated a larger or more frequent local election-administration burden. The opinion does not describe the substantive change that drove the higher figure.

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: How does this petition differ from Sedey's other Article VIII petitions?
A: The opinion does not describe the substantive differences. The fiscal note signals one: this version's per-election cost is $144,000, while sister petitions 2020-129 and 2020-132 projected $61,000. Sister petition 2020-131 also projects $144,000. The pair structure (two at $61K, two at $144K) suggests two policy variants, each filed twice.

Q: Why might one variant cost local governments more per election?
A: The opinion does not say. Election-administration costs scale with new duties such as additional ballots, additional precincts, additional poll workers, new equipment, or new audit requirements. The substantive change must be inferred from the petition text itself, not from this AG opinion.

Q: Did this petition reach the 2020 ballot?
A: The opinion does not say. AG approval of the fiscal note summary is one early step; signature gathering and ballot title approval still had to happen.

Background and statutory framework

Same procedural framework as the other fiscal note opinions in this November-December 2019 cluster: the Auditor prepares the fiscal note and summary under § 116.175 RSMo; the AG reviews legal content and form under subsection 4; the petition can then circulate. AG approval is not a substantive review of the policy or of the projected dollar figures.

Citations and references

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

Sister opinions in the Sedey cluster: 253-2019 (petition 2020-129); 255-2019 (petition 2020-131); 256-2019 (petition 2020-132).

Source

Original opinion text

ATTORNEY GENERAL OF MISSOURI
Eric SCHMITT
December 6, 2019

OPINION LETTER NO. 254-2019
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, (2020-130) 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 $144,000 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,

$f gus

ERIC S. SCHMITT
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.ag0.m0.g0V

OP-2019-0288