Did Missouri approve the form of initiative petition 2026-005 to amend Article X?

Plain-English summary

The Missouri Attorney General approved initiative petition 2026-005 as sufficient in form under § 116.332, RSMo. The petition proposed to amend Article X of the Missouri Constitution.

The approval did not decide substantive sufficiency or endorse the proposal. The Secretary of State kept final authority to approve or reject the petition.

What this means for you

Initiative sponsors

The letter completed only the Attorney General's form review. Other legal and election-process questions remained open.

Secretary of State and voters

The form approval did not bind the Secretary of State and conveyed no view on the proposal's merits.

Common questions

Q: Was petition 2026-005 approved?
A: It was approved as to form by the Attorney General.

Q: Did the opinion approve the amendment's substance? A: No. The letter expressly disclaimed substantive review.

Background and statutory framework

The Secretary of State requested review of Deirdre Hirner's proposed Article X amendment. The form review was governed by § 116.332, RSMo.

Citations and references

• § 116.332, RSMo

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/26-2024.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ANDREW BAILEY
December 10, 2024
OPINION LETTER NO. 26-2024

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 26, 2024 for our review under § 116.332, RSMo of the sufficiency as to form of an initiative petition to amend Article X, of the Missouri Constitution submitted by Deirdre Hirner, 2026005. 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,

ANDREW BAILEY
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-2024-028