MO Opinion No. 307-2025 October 6, 2025

What ballot summary did Missouri approve for petition 2026-123 on proportional presidential electoral votes?

Short answer: The Attorney General approved the legal content and form of a summary saying petition 2026-123 would replace Missouri's winner-take-all presidential electoral-vote system with proportional allocation beginning in 2028 and reduce Missouri's influence on presidential outcomes. The approval did not endorse the proposal.

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This page answers the general question as of 2025. Ezel answers yours: what it means for your facts, under current Missouri law, with citations.

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 AG opinions are persuasive authority but not binding precedent.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 on this page as a PDF) is the authoritative source for any reliance.
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Plain-English summary

Missouri Attorney General Catherine L. Hanaway approved the legal content and form of the proposed ballot summary for Mark Johnson's initiative petition 2026-123, version 11 of an Article VIII amendment.

The approved summary asked whether Missouri should replace its winner-take-all system for presidential electoral votes with a proportional system beginning in 2028 and "reduce Missouri's influence in determining the outcome of presidential elections."

The review was limited to legal content and form under § 116.334, RSMo. The opinion said the approval was not an endorsement of the petition or an expression of any view about its objectives.

What this means for you

Initiative petition proponents

The proposed summary for petition 2026-123 passed the Attorney General's legal-content and form review. The opinion did not endorse the proposed electoral-vote change.

Missouri election officials

Opinion 307-2025 approved the two-part summary submitted for version 11, including its statement that proportional allocation would begin in 2028.

Voters and ballot-measure researchers

The approved wording described both the structural change from winner-take-all allocation and the stated effect of reducing Missouri's influence in presidential elections.

Common questions

Q: What change did petition 2026-123 propose?
A: The approved summary described replacing Missouri's winner-take-all electoral-vote system with proportional allocation beginning in 2028.

Q: What effect did the summary state?
A: It said the amendment would reduce Missouri's influence in determining presidential-election outcomes.

Q: Did the Attorney General endorse the proposal?
A: No. The opinion expressly said the mandated review should not be construed as an endorsement or a view on the proponents' objectives.

Background and statutory framework

The Secretary of State requested review on September 26, 2025. The proposed summary concerned Mark Johnson's petition 2026-123, version 11, to amend Article VIII of the Missouri Constitution.

The Attorney General issued Opinion 307-2025 on October 6, 2025 and approved the summary's legal content and form under § 116.334, RSMo.

Citations and references

Statute: § 116.334, RSMo.

Source

Original opinion text

ATTORNEY GENERAL OF MISSOURI
CATHERINE L. HANAWAY

October 6, 2025

OPINION LETTER NO. 307-2025

The Honorable Denny Hoskins, CPA
Missouri Secretary of State
James C. Kirkpatrick State Information Center
600 West Main Street
Jefferson City, MO 65101

Dear Secretary Hoskins:

This opinion letter responds to your request dated September 26, 2025, for our review under § 116.334, RSMo, of a proposed summary statement prepared for the petition submitted by Mark Johnson (2026-123) regarding a proposed constitutional amendment to amend Article VIII, version 11, of the Missouri Constitution. The proposed summary statement is as follows:

Shall the Missouri Constitution be amended to:

  • Replace Missouri's winner-take-all system of awarding electoral votes in presidential elections with a proportional system beginning in 2028; and
  • Reduce Missouri's influence in determining the outcome of presidential elections?

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,

CATHERINE L. HANAWAY
Attorney General

OP-2025-327

Supreme Court Building, 207 W. High Street, P.O. Box 899, Jefferson City, MO 65102 | Phone: (573) 751-3321 | www.ago.mo.gov

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