Did the Missouri AG approve the fiscal note summary for Mary Ann Sedey's elections-article petition 2020-132?
Plain-English summary
Petition 2020-132 was the fourth and final Sedey Article VIII election variant in this November-December 2019 cluster. AG Schmitt approved the legal content and form of the Auditor's fiscal note summary, which carries the same dollar figures as petition 2020-129 (opinion 253-2019): at least $1 million one-time state costs, $746,000 one-time local costs, $138,000 annual local costs, and $61,000 per election in local costs.
The fiscal-figure pairings (2020-129 and 2020-132 at $61,000 per election; 2020-130 and 2020-131 at $144,000) suggest two policy variants, each filed in two slightly different versions. 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: How does this petition pair up with the others?
A: The fiscal-projection pattern shows two pairs. Petitions 2020-129 and 2020-132 share the lower per-election cost ($61,000); petitions 2020-130 and 2020-131 share the higher one ($144,000). That suggests two underlying election-administration concepts, each filed in two minor variants.
Q: Why file four parallel petitions?
A: Multiple variants give a proponent flexibility to pick the version that survives ballot-title litigation and to drop the rest. Filing two pairs (rather than four entirely distinct concepts) lets the proponent test two policy designs.
Q: Did this petition reach the 2020 ballot?
A: The opinion does not say. The fiscal-note approval is one early step; signature gathering and ballot-title approval still had to follow.
Background and statutory framework
Same procedural framework as the rest of this cluster. The Auditor prepares the fiscal note and summary under § 116.175 RSMo. The AG reviews legal content and form under § 116.175.4. AG approval does not endorse the policy or vouch for the dollar figures.
Citations and references
Statutes: § 116.175, RSMo; § 116.175.4, RSMo.
Sister opinions in the Sedey cluster: 253-2019 (petition 2020-129, matching fiscal projections); 254-2019 (petition 2020-130); 255-2019 (petition 2020-131).
Source
- Landing page: https://ago.mo.gov/other-resources/ag-opinions/
- Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/256-2019.pdf?sfvrsn=2
Original opinion text
ATTORNEY GENERAL OF MISSOURI
Eric SCHMITT
December 6, 2019
OPINION LETTER NO. 256-2019
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, (2020-132) 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,
5 fas
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.Im0.Z0v
OP-2019-0290