MO 271-2019 2019-12-17

Did the Missouri AG approve the Secretary of State's summary statement for the Sedey AVR initiative version 4 (2020-132), with expanded data sources but no weekend in-person voting?

Short answer: Yes. AG Eric Schmitt approved the legal content and form under Mo. Rev. Stat. § 116.334. Version 4 kept the Secretary-of-State authority to designate additional state agencies as AVR data sources, but dropped the weekend-before-election in-person absentee voting that appeared in versions 2 and 3.

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 AG opinions are persuasive authority but not binding precedent.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 for an initiative petition (version 4, 2020-132) submitted by Mary Anne Sedey to amend Article VIII of the Missouri Constitution. Version 4 kept Secretary-of-State authority to designate additional AVR data-source agencies but dropped the weekend in-person absentee provision.

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

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 from certain other state agencies if designated by the secretary of state; 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 4 simplifies version 3 by removing the weekend-before-election in-person provision while keeping the broader SoS-designated-other-agencies AVR data-source feature. The AG approved the legal content and form. The approval is statute-mandated and not an endorsement.

The Sedey AVR series of December 17, 2019 reviews thus comprises five distinct policy combinations:
- Version 1 (268-2019): basic AVR + no-excuse absentee
- Version 2 (269-2019): version 1 + weekend in-person absentee
- Version 3 (270-2019): version 2 + SoS-designated other AVR data sources
- Version 4 (271-2019): version 3 minus weekend in-person
- Version 5 (272-2019): identical to version 1

Common questions

Q: Why include the SoS-designation provision but drop weekend in-person voting?

The opinion does not explain the policy choice (the AG's role is procedural). Sponsors often file variations specifically to test which combination of features attracts the most public support during signature gathering, or to hedge against legal challenges to particular provisions.

Q: What's the substantive difference between version 4 and version 1?

Version 4 has the SoS-designated-other-agencies feature; version 1 limits AVR data sources to DOR. Both have basic no-excuse absentee.

Q: Did Sedey's AVR initiatives advance?

The opinion does not say. None of the December 2019 versions appears to have qualified for the November 2020 ballot.

Background and statutory framework

Mo. Rev. Stat. § 116.334 governs AG review of summary statements. 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: 268-2019 (version 1), 269-2019 (version 2), 270-2019 (version 3), 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/271-2019.pdf?sfvrsn=2

Original opinion text

ATTORNEY GENERAL OF MISSOURI
Eric SCHMITT

December 17, 2019

OPINION LETTER NO. 271-2019
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 4 (2020-132). 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 from certain other state
agencies if designated by the secretary of state;
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.

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-2019-0305

The Honorable John R. Ashcroft
Page 2

Very truly yours,

Pf fas

ERIC S. SCHMITT
Attorney General

OP-2019-0305