MO Opinion No. 275-2019 2019-12-18

What was Missouri AG Opinion 275-2019 about, and what initiative did it concern?

Short answer: It was the AG's December 2019 routine RSMo section 116.175 approval of the legal content and form of the fiscal note summary prepared by the State Auditor for an initiative petition by Mary Anne Sedey (version 8, 2020-136). The proposed initiative would have amended Article VIII of the Missouri Constitution to establish automatic voter registration based on driver and nondriver license transactions and other state agency records.

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 AG opinions are persuasive authority but not binding precedent.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.

Plain-English summary

This was a routine Missouri AG review under RSMo section 116.175 of a fiscal note summary prepared for a proposed ballot initiative. Under Missouri law, the State Auditor prepares a fiscal note and a fiscal note summary for every proposed initiative; the AG reviews the summary's legal content and form before it is printed on petition pages.

The petition came from Mary Anne Sedey and was version 8 of an automatic voter registration proposal (Secretary of State number 2020-136). It would have amended Article VIII of the Missouri Constitution to require automatic registration of eligible adults based on lists from the Department of Revenue (driver and nondriver license transactions) and other state agencies.

The AG approved the legal content and form of the fiscal note summary. Approval was procedural under the statute; the AG explicitly noted that "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."

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.

Background and statutory framework

RSMo section 116.175 governs preparation of fiscal note summaries for proposed initiatives. The State Auditor prepares the underlying fiscal note (estimating revenue and cost impacts) and a summary suitable for printing on petition pages. The Auditor sends both to the AG, who reviews the summary's legal content and form under the statute and approves or rejects it.

RSMo section 116.334 (which governs the AG's review of summary statements prepared by the Secretary of State) and RSMo section 116.175 (governing fiscal note summaries) operate in parallel. Both reviews are mandatory; both go to a single Missouri AG who signs an opinion letter.

The Sedey initiative was iterated through multiple versions during 2019. The "version 8" designation here reflects the multi-step drafting process organizers commonly run for substantive initiatives.

Common questions

What did this opinion actually decide?
That the legal content and form of the fiscal note summary was acceptable. Nothing more.

Did the underlying voter-registration initiative make it onto the ballot?
Missouri's signature thresholds for constitutional amendments are demanding. Confirm specific outcomes through the Secretary of State's records.

Is the AG's approval an endorsement of the policy?
No. The opinion letter explicitly states the AG's review is mandatory and approval is procedural.

What's a fiscal note summary?
A short statement, prepared by the State Auditor and printed on petition pages, of the initiative's estimated fiscal impact. Voters see it alongside the substantive summary statement when deciding whether to sign or vote.

Citations

RSMo section 116.175 (fiscal note summaries)
RSMo section 116.334 (summary statement review)

Source

Landing page: https://ago.mo.gov/other-resources/ag-opinions/
Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/275-2019.pdf?sfvrsn=2

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ERIC SCHMITT
December 18, 2019
OPINION LETTER NO. 275-2019
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 8 (2020-136). The proposed summary statement is as follows:

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?

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-2019-0309