MO Opinion No. 255-2019 2019-12-06

Did the Missouri AG approve the fiscal note summary for Mary Ann Sedey's elections-article petition 2020-131?

Short answer: Yes. AG Schmitt approved the legal content and form of the Auditor's fiscal note summary for petition 2020-131, the third Sedey Article VIII election initiative. The summary projected the same numbers as petition 2020-130: at least $1 million in one-time state costs, possible ongoing state costs, $746,000 one-time local costs, $138,000 annual local costs, and $144,000 in local costs per election. The AG's approval is procedural.
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 AG opinions are persuasive authority but not binding precedent.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 2020-131 was Mary Ann Sedey's third Article VIII (elections) variant in this November-December 2019 cluster of four parallel petitions. AG Schmitt approved the legal content and form of the Auditor's fiscal note summary, which carries the same dollar figures as sister petition 2020-130 (opinion 254-2019): at least $1 million one-time state costs, $746,000 one-time local costs, $138,000 annual local costs, and $144,000 per election in local costs.

The matching fiscal numbers in 2020-130 and 2020-131 suggest the two petitions are minor textual variants of the same underlying election-administration concept. The opinion does not describe the substantive change.

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: Why are the numbers identical to 2020-130?
A: When the State Auditor's underlying fiscal note is the same, the summary numbers will be the same. Identical fiscal projections across two petitions usually mean the substantive provisions impose the same workload on government, even if the petition language differs in other respects.

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

Q: Where can I see the full text of Sedey's petition?
A: Initiative petitions are filed with the Missouri Secretary of State. Historical filings can be requested through the Secretary's office.

Background and statutory framework

Same procedural framework as the rest of this cluster. The State Auditor prepares the fiscal note and summary under § 116.175 RSMo. The AG reviews legal content and form under § 116.175.4. The petition can then circulate. AG approval is procedural; it does not endorse the policy.

Citations and references

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

Sister opinions in the Sedey cluster: 253-2019 (petition 2020-129); 254-2019 (petition 2020-130, with matching fiscal projections); 256-2019 (petition 2020-132).

Source

Original opinion text

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ATTORNEY GENERAL OF MISSOURI
ERIC SCHMITT
December 6, 2019

OPINION LETTER NO. 255-2019
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, (2020-131) 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,

Lf us

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.ago.mo.gov

OP-2019-0289