MO Opinion No. 279-2019 2019-12-26

What was Missouri AG Opinion 279-2019 about, and what initiative did it concern?

Short answer: It was the AG's late-December 2019 routine RSMo section 116.175 approval of a fiscal note summary for an initiative petition by Winston Apple (Secretary of State number 2020-140) to amend Article III of the Missouri Constitution. Article III governs the Missouri Legislature; specific amendments depend on the petition text.

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 AG opinions are persuasive authority but not binding precedent.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 for a ballot initiative submitted by Winston Apple (Secretary of State number 2020-140). The proposed initiative would have amended Article III of the Missouri Constitution.

Article III of the Missouri Constitution establishes the Missouri Legislature: its composition, powers, sessions, and procedures. Initiatives amending Article III typically address structural questions about the Legislature itself: districting, term length, eligibility, ethics rules, or specific legislative powers and limits.

The AG approved the legal content and form of the fiscal note summary. The approval was procedural under RSMo section 116.175; 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

The Missouri ballot-initiative process under RSMo Chapter 116 requires multiple pre-circulation reviews. The Secretary of State assigns a number to the proposed petition, the State Auditor prepares a fiscal note and fiscal note summary, and the AG reviews both the summary statement (under section 116.334) and the fiscal note summary (under section 116.175) for legal content and form.

Article III of the Missouri Constitution sets up the General Assembly (the Missouri Legislature), with sections covering the Senate (Section 5) and House of Representatives (Section 1), the legislative process (Section 21 et seq.), legislative compensation (Section 16), conflicts of interest (Section 19), legislative immunity (Section 19), and many other structural rules.

Common questions

What specifically did this initiative propose to change?
The opinion letter doesn't describe the substantive amendment in detail; that's what the underlying initiative text and summary statement do. Article III initiatives typically address legislative structure, term limits, redistricting, or specific legislative powers.

Did this initiative make it onto the ballot?
Missouri's signature thresholds are demanding. Most proposed initiatives never qualify. Confirm specific outcomes through the Secretary of State's records.

Is the AG's approval an endorsement of the policy?
No. The AG's review is mandatory under statute, and approval is procedural. The opinion letter explicitly says so.

Why does the AG sign these letters individually instead of issuing a single batch approval?
Each initiative gets its own statutory review under section 116.175. The opinion letter format gives each petition a clear paper trail.

Citations

RSMo section 116.175 (fiscal note summaries)
RSMo section 116.334 (summary statement review)
Missouri Constitution Article III (Legislature)

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

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:
 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 highestranking 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
OP-2019-0314

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