MO Opinion No. 278-2019 2019-12-17

What was Missouri AG Opinion 278-2019 about, and what initiative did it concern?

Short answer: It was the AG's December 2019 routine RSMo section 116.175 approval of a fiscal note summary for version 11 of Mary Anne Sedey's automatic-voter-registration initiative (Secretary of State number 2020-139). The proposed initiative would have amended Article VIII of the Missouri Constitution to establish automatic voter registration based on Department of Revenue 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 AG opinions are persuasive authority but not binding precedent.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. The petition came from Mary Anne Sedey and was version 11 of her automatic voter registration proposal (Secretary of State number 2020-139), iterated from earlier versions including the version 8 reviewed in AG Opinion 275-2019.

The proposed summary statement read: "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?"

The AG approved the legal content and form of the proposed statement. The AG noted that approval was procedural and not an endorsement of the petition or its policy objectives.

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 116.334 requires the AG to review summary statements prepared by the Secretary of State for ballot initiatives. RSMo section 116.175 requires the AG to review fiscal note summaries prepared by the State Auditor. Both reviews focus on legal content and form rather than policy.

Initiatives are commonly iterated through multiple versions during the pre-filing review process. Each version gets its own Secretary of State number and its own AG opinion letter. Sedey's automatic voter registration proposal was iterated through at least 11 versions during 2019, indicating active drafting and refinement.

Common questions

Why are there so many versions of this initiative?
Initiative organizers commonly file multiple drafts to refine language, address AG and Secretary of State feedback, or adjust provisions in response to political developments. Each version requires its own statutory review.

What did "automatic voter registration" mean in this proposal?
Eligible Missouri residents would have been automatically registered to vote based on transactions with the Department of Revenue (driver and nondriver license issuance and renewal) and other state agencies. The Secretary of State would have had authority to designate the additional source agencies.

Did automatic voter registration become law in Missouri?
As of 2026, Missouri does not have automatic voter registration. Confirm current Missouri voter registration rules with the Secretary of State or current counsel.

What's the difference between the summary statement and the fiscal note summary?
The summary statement, reviewed under section 116.334, describes what the initiative substantively does. The fiscal note summary, reviewed under section 116.175, estimates the fiscal impact. Both appear on petition pages and on the ballot.

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/278-2019.pdf?sfvrsn=2

Original opinion text

ATTORNEY GENERAL OF MISSOURI
Eric SCHMITT

December 17, 2019

OPINION LETTER NO. 278-2019
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 11 (2020-139). The proposed summary statement is as follows:

e 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?

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.

Very truly yours,

18h fan

ERIC S. SCHMITT

Supreme Court Bu
207 W. High aeaveorney General

P.O. Box 899
Jefferson City, MO 65102
Phone: (573) 751-3321
Fax: (573) 751-0774
WWW.aZ0.M0,20V

OP-2019-0312