MO 268-2019 2019-12-17

Did the Missouri AG approve the Secretary of State's summary statement for the Sedey AVR / no-excuse absentee initiative version 1 (2020-129)?

Short answer: Yes. AG Eric Schmitt approved the legal content and form of the proposed summary statement under Mo. Rev. Stat. § 116.334. Version 1 covered automatic voter registration through DOR records and no-excuse absentee voting.

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 AG opinions are persuasive authority but not binding precedent.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.

Subject

The Missouri AG's review under § 116.334, RSMo, of a proposed summary statement that the Secretary of State prepared for an initiative petition (version 1, 2020-129) submitted by Mary Anne Sedey to amend Article VIII of the Missouri Constitution, establishing automatic voter registration through Department of Revenue records and prohibiting requiring an excuse for 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

This is one of five summary-statement reviews AG Eric Schmitt issued December 17, 2019, for variations of Mary Anne Sedey's automatic voter registration / no-excuse absentee initiative. This particular review covers version 1 (designated 2020-129).

Note: the file's auto-generated title says "fiscal note summary" with "version 1 (2020-128)," but the body of the opinion is a § 116.334 summary statement review for version 1, which the body itself says is petition number 2020-129. The title appears to be a scraper artifact and should be read against the body text.

The proposed summary statement that AG Schmitt approved said:

Do you want to amend the Missouri Constitution to:

establish automatic voter registration from lists of eligible adults from the department of revenue based on driver and nondriver license transactions; and

change current absentee voting by prohibiting a voter from having to state a reason for being prevented from going to the polls to vote on election day?

Version 1 was the simplest of the Sedey AVR series: basic AVR through DOR records plus no-excuse absentee. Subsequent versions added in-person absentee voting the weekend before an election (versions 2 and 3) and authorized the Secretary of State to designate other agencies for AVR-source data (versions 3 and 4).

The AG noted standard caveats: the approval is statute-mandated and not an endorsement.

Common questions

Q: How did Sedey version 1 differ from versions 2-5?

Version 1 (2020-129): basic AVR + no-excuse absentee. Version 2 (2020-130): added weekend-before-election in-person absentee. Version 3 (2020-131): added Secretary of State authority to designate other agencies, plus weekend in-person absentee. Version 4 (2020-132): added SoS-designated other agencies, no weekend in-person absentee. Version 5 (2020-133, opinion 272-2019): basic AVR + no-excuse absentee, identical to version 1 in summary content.

Q: Why file so many variations?

Initiative sponsors often hedge against legal challenges by filing parallel versions with slight policy variations. If a court strikes one for legal-content problems, others remain alive.

Q: Did any Sedey version make the November 2020 ballot?

The opinion does not say. None of the Sedey AVR versions appear to have collected enough signatures to qualify.

Background and statutory framework

Mo. Rev. Stat. § 116.334 directs the AG to review the Secretary of State's summary statement for legal content and form. Article VIII of the Missouri Constitution governs elections.

Citations

Mo. Rev. Stat. § 116.334 (AG summary statement review)
Mo. Const. art. VIII (elections)
Companion summary-statement reviews: 269-2019 (version 2), 270-2019 (version 3), 271-2019 (version 4), 272-2019 (version 5)
Companion fiscal-note reviews: 262-2019 (version 11), 263-2019 (version 12)

Source

Landing page: https://ago.mo.gov/other-resources/ag-opinions/
Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/268-2019.pdf?sfvrsn=2

Original opinion text

ATTORNEY GENERAL OF MISSOURI
Eric SCHMITT

December 17, 2019

OPINION LETTER NO. 268-2019
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 December 5, 2019, for
our review under § 116.334, RSMo, of a proposed summary statement prepared
for the petition submitted by Mary Anne Sedey regarding a proposed
constitutional amendment to amend Article VIII of the Missouri Constitution,
version 1 (2020-129). The proposed summary statement is as follows:

Do you want to amend the Missouri Constitution to:

e establish automatic voter registration from lists
of eligible adults from the department of revenue
based on driver and nondriver license
transactions; and

e change current absentee voting by prohibiting a
voter from having to state a reason for being
prevented from going to the polls to vote on
election day?

Pursuant to § 116.334, RSMo, we approve the legal content and form of
the proposed statement. Because our review of the statement is mandated by
statute, no action that we take with respect to such review should be construed
as an endorsement of the petition, nor as the expression of any view regarding
the objectives of its proponents.

Sup Court Building
207 W. High Street
P.O. Box 899
Jefferson City, MO 65102
Phone: (573) 751-3321
Fax: (573) 751-0774
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OP-2019-0302

The Honorable John R. Ashcroft
Page 2

Very truly yours,

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ERIC S. SCHMITT
Attorney General

OP-2019-0302