Did Missouri's Attorney General approve the legal content and form of a proposed ballot summary for petition 2024-171?

Plain-English summary

Missouri Attorney General Andrew Bailey approved the legal content and form of a proposed ballot summary statement for Deidre Hirner's initiative petition 2024-171. The proposed question asked voters whether to amend the Missouri Constitution to allow county voters to set and control county taxes on cigarettes or tobacco products, whether the question reached county voters through the county governing body or an initiative petition.

The Secretary of State requested review under § 116.334, RSMo. The Attorney General's letter approved only its legal content and form under that provision, while expressly saying the required review was neither an endorsement of the petition nor a view about the proponents' objectives. The opinion gives no analysis of the proposed tax policy.

What this means for you

Missouri voters and tobacco retailers

The letter identifies what the proposed ballot summary for petition 2024-171 said about county tobacco taxes. Its approval addressed the statement's legal content and form. The letter did not express support for the proposal.

County and election officials

The letter records AG review of a proposed summary statement submitted by the Secretary of State. It does not address how a county would impose or administer a tax if voters approved the proposed amendment.

Common questions

Q: Did the AG approve a county cigarette tax in Opinion 3-2024?
A: The AG approved the legal content and form of a proposed summary statement. The letter did not approve or impose a specific county tax.

Q: What would the proposed ballot question let county voters control?
A: The quoted statement asked about county voter control over county taxes on cigarettes or tobacco products, whether proposed by the county governing body or by initiative petition.

Q: Did the AG endorse petition 2024-171?
A: No. The letter explicitly says its statutorily required review should not be taken as an endorsement or as a view on the proponents' objectives.

Background and statutory framework

The Secretary of State requested review of the proposed statement in December 2023. The Attorney General quoted the full proposed question, then approved its legal content and form under § 116.334, RSMo. The opinion contains no separate fiscal analysis or discussion of how the amendment would operate after adoption.

Citations and references

• § 116.334, RSMo: the summary-statement review provision cited in the letter.

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/3-2024.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ANDREW BAILEY
January 3, 2024
OPINION LETTER NO. 3-2024
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 22, 2023, for our review under § 116.334, RSMo of a proposed summary statement prepared for the petition submitted by Deidre Hirner, 2024-171. The proposed summary statement is as follows: Do you want to amend the Missouri Constitution to allow county voters to set and control county taxes on cigarettes or tobacco products, whether submitted to county voters by the county governing body or by initiative petition? 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,

ANDREW BAILEY
Attorney General

OP-2024-003
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