MO 279-2019 2019-12-26

Did the Missouri AG approve the Secretary of State's summary statement for Winston Apple's initiative to restructure the Missouri legislature (2020-140)?

Short answer: Yes. AG Eric Schmitt approved the legal content and form of the proposed summary statement under Mo. Rev. Stat. § 116.334. The Apple petition (2020-140) proposed amending Article III to cut the House from 163 to 160 members (20 per congressional district), make senators represent the whole state, end legislative primaries, and elect legislators through ranked votes allocated proportionally by party.

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 AG opinions are persuasive authority but not binding precedent.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.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked at the bottom of this page, or PDF in the sidebar) is the authoritative source for any reliance.

View original AG opinion (PDF)

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 submitted by Winston Apple to amend Article III of the Missouri Constitution (2020-140), restructuring how state legislators are apportioned and elected.

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 a Missouri initiative petition is circulated for signatures, the petition carries a short summary statement describing what the measure would do. The Secretary of State drafts that statement, and under Mo. Rev. Stat. § 116.334 the Attorney General reviews it for legal content and form.

This letter is AG Eric Schmitt's approval of the summary statement for an initiative petition submitted by Winston Apple to amend Article III of the Missouri Constitution (designated 2020-140). The summary statement that the AG approved read:

[Do you want to amend the Missouri Constitution to:]

reduce the number of state representatives from 163 to 160 (20 representing each of the eight congressional districts);

instead of a district, state senators will represent the entire state;

eliminate the primary election for state legislators;

at the general election, each voter casts three to 10 ranked votes from a list of candidates;

the ranked votes determine the number of seats awarded to a political party (or independent candidate), and the elected candidate(s) from the applicable party; and

fill vacancies with the same party's highest-ranking unelected candidate?

The AG noted the standard caveat: the approval is mandated by statute and is not an endorsement of the petition or its objectives. The companion fiscal note summary for petition 2020-140 was reviewed separately in opinion letter 264-2019.

Common questions

Q: What would this initiative have changed about the Missouri legislature?

As described in the summary, it would have shrunk the House from 163 to 160 seats apportioned by congressional district, made senators run statewide rather than by district, eliminated legislative primaries, and replaced single-winner district elections with a ranked, proportional system that allocates seats to parties or independents based on ranked votes.

Q: Did approving this summary mean the AG endorsed the proposal?

No. The AG is required to review summary statements regardless of subject. The letter states that the approval should not "be construed as an endorsement of the petition, nor as the expression of any view regarding the objectives of its proponents."

Q: What is the difference between the summary statement review and the fiscal note review?

The summary statement, reviewed under § 116.334, describes what the initiative does. The fiscal note summary, reviewed under § 116.175, projects costs and savings. The AG reviews each in a separate letter; for this petition the fiscal note review is 264-2019.

Background and statutory framework

Mo. Rev. Stat. § 116.334 directs the Secretary of State to prepare a summary statement for a proposed initiative petition and the Attorney General to review it for legal content and form. The approved summary appears on the petition used for signature gathering and, if the measure qualifies, on the ballot.

Citations

Mo. Rev. Stat. § 116.334 (AG review of the Secretary of State's summary statement)
Companion fiscal-note review for 2020-140: 264-2019

Source

Landing page: https://ago.mo.gov/other-resources/ag-opinions/
Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/279-2019.pdf?sfvrsn=2

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

ATTORNEY GENERAL OF MISSOURI
Eric Schmitt
December 26, 2019

OPINION LETTER NO. 279-2019
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 16, 2019, for our review under § 116.334, RSMo, of a proposed summary statement prepared for the petition submitted by Winston Apple regarding a proposed constitutional amendment to amend Article III of the Missouri Constitution, (2020-140). The proposed summary statement is as follows:

[Do you want to amend the Missouri Constitution to:]

reduce the number of state representatives from 163 to 160 (20 representing each of the eight congressional districts);
instead of a district, state senators will represent the entire state;
eliminate the primary election for state legislators;
at the general election, each voter casts three to 10 ranked votes from a list of candidates;
the ranked votes determine the number of seats awarded to a political party (or independent candidate), and the elected candidate(s) from the applicable party; and
fill vacancies with the same party's highest-ranking unelected candidate?

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,

ERIC S. SCHMITT
Attorney General

OP-2019-0314