Did the Missouri AG approve the form of the State Auditor's fiscal note summary for Mary Anne Sedey's automatic voter registration / no-excuse absentee initiative (version 11, 2020-138)?
Subject
The Missouri AG's review under § 116.175.4, RSMo, of the State Auditor's fiscal note summary for an initiative petition submitted by Mary Anne Sedey to amend Article VIII of the Missouri Constitution, version 11 (2020-138), establishing automatic voter registration and no-excuse absentee voting.
Topics: INITIATIVES. INITIATIVE PETITIONS.
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.
Plain-English summary
When Missouri voters consider a ballot initiative, they see a short fiscal note summary describing the projected costs and savings. The State Auditor drafts that summary; under Mo. Rev. Stat. § 116.175.4, the Attorney General reviews the summary for legal content and form before it goes on the petition.
This opinion is the AG's approval of the fiscal note summary for version 11 of Mary Anne Sedey's proposed amendment to Article VIII (the elections article) of the Missouri Constitution. The proposed initiative (version 11, designated 2020-138) would have established automatic voter registration drawn from Department of Revenue driver and nondriver license records, and prohibited requiring an excuse to vote absentee.
The fiscal note summary that AG Schmitt approved said:
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 $36,000 in costs per election.
The AG explicitly noted two limits on his review. First, the approval is not an endorsement of the initiative or its objectives; he is required by statute to do this review. Second, § 116.175.4 review does not examine the fairness or sufficiency of the estimated fiscal impact, only the legal content and form.
This was one of multiple Sedey-AVR-initiative reviews issued around the same time. See 263-2019 for version 12 (2020-139), and 268-271-2019 for the AG's parallel summary-statement reviews of versions 1-4 issued December 17, 2019.
Common questions
Q: What does "approve the legal content and form" of a fiscal note summary mean?
The AG checks that the summary uses appropriate legal language (no improper editorializing, no misleading legal claims) and that it follows the form prescribed by § 116.175. He does not check whether the dollar figures are right; that is the Auditor's responsibility under § 116.175.
Q: Who pays for automatic voter registration?
According to the State Auditor's projection, the State would face at least $1 million in one-time costs (mainly software and integration). Local governments would face roughly $746,000 in one-time costs, plus $138,000 in annual operations and $36,000 per election. The AG approved the form of this summary; whether the figures were accurate was outside his review.
Q: Was version 11 of the Sedey initiative ever certified for the ballot?
The AG's fiscal-note review is one step in a multi-step certification process. Whether any specific Sedey initiative version made it onto the November 2020 ballot is a factual question the AG opinion does not answer; check Missouri Secretary of State records for the certification history.
Q: What is the difference between the fiscal note summary review and the summary statement review?
The fiscal note summary, drafted by the State Auditor and reviewed under § 116.175, projects costs and savings. The summary statement, drafted by the Secretary of State and reviewed under § 116.334, describes what the initiative does. Both appear on the petition and ballot. The AG reviews both, in different opinion letters, for different purposes.
Background and statutory framework
Missouri's initiative-petition process is governed by Mo. Rev. Stat. ch. 116. The State Auditor prepares a fiscal note and fiscal note summary under § 116.175. The summary is "a concise statement, not exceeding 50 words, exclusive of the title, of the measure's estimated fiscal impact." The AG reviews the summary for legal content and form under § 116.175.4.
Article VIII of the Missouri Constitution governs elections, including voter registration, absentee voting, and election administration. Sedey's series of initiative versions in late 2019 made small variations on automatic-registration mechanics and absentee-voting language. Each was reviewed separately because each was a distinct petition under the initiative statute.
Citations
- Mo. Rev. Stat. § 116.175, § 116.175.4 (fiscal note review)
- Mo. Const. art. VIII (elections)
- Companion fiscal-note review: 263-2019 (Sedey version 12, 2020-139)
- Companion summary-statement reviews: 268-271-2019 (Sedey versions 1-4), 272-2019 (Sedey version 5)
Source
- Landing page: https://ago.mo.gov/other-resources/ag-opinions/
- Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/262-2019.pdf?sfvrsn=2
Original opinion text
ATTORNEY GENERAL OF MISSOURI
Eric SCHMITT
December 6, 2019
OPINION LETTER NO. 262-2019
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, (2020-138) 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 $36,000 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 8S. SCHMITT
Attorney General
Supreme Court Building
207 W. High Street
P.O. Box 899
Jefferson City, MO 65102 OP-2019-0296
Phone: (573) 751-3321
Fax: (573) 751-0774
WWW.ag0.m0.g0v