Did Missouri's Attorney General approve the form of initiative petition 2026-009?
Apply this to your situation
This page answers the general question as of 2024. Ask about yours and see what current Missouri law means for your facts, with citations you can check.
Plain-English summary
The Missouri Attorney General approved initiative petition 2026-009 as to form under § 116.332, RSMo. The opinion text therefore differed from the archive subject line, which described the disposition as a rejection.
The approval did not bind the Secretary of State, who retained final authority to approve or reject the petition. It also did not determine that the proposed Article III amendment was sufficient in substance.
The AG further stated that the statutory review was not an endorsement of the petition, its objectives, or its overall adequacy.
What this means for you
Initiative-petition sponsors
The opinion cleared the Attorney General's form review for petition 2026-009 but did not supply final approval or a substantive ruling.
Secretary of State and election staff
The opinion recognized the Secretary of State's final authority to approve or reject the petition despite the AG's form approval.
Common questions
Did the Attorney General reject petition 2026-009?
No. The opinion text said, "We approve the petition as to form."
Was the Secretary of State required to approve it?
No. The opinion said the Secretary of State retained final authority.
Did the AG decide whether the petition was substantively sufficient?
No. The review addressed form only.
Background and statutory framework
The Secretary of State requested review of Jamie Howard's proposed Article III amendment on December 9, 2024. The AG reviewed its sufficiency as to form under § 116.332, RSMo.
Citations discussed
- § 116.332, RSMo, governing initiative-petition form review and the Secretary of State's final authority
Source
- Landing page: https://ago.mo.gov/other-resources/ag-opinions/
- Original PDF: https://ago.mo.gov/wp-content/uploads/31-2024.pdf
Original opinion text
ATTORNEY GENERAL OF MISSOURI
ANDREW BAILEY
December 19, 2024
OPINION LETTER NO. 31-2024
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 9, 2024 for our review under § 116.332, RSMo of the sufficiency as to form of an initiative petition to amend Article III, of the Missouri Constitution submitted by Jamie Howard, 2026-009. We approve the petition as to form, but § 116.332 gives the Secretary of State final authority to approve or reject the petition. Therefore, our approval of the form of the petition does not preclude you from rejecting the petition. Because our review of the petition is simply for the purpose of determining sufficiency as to form, the fact that we do not reject the petition is not to be construed as a determination that the petition is sufficient as to substance. Likewise, because our review is mandated by statute, no action that we take with respect to such review should be construed as an endorsement of the petition or of the objectives of its proponents, or the expression of any view respecting the adequacy or inadequacy of the petition generally. Very truly yours,
ANDREW BAILEY
Attorney General
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
OP-2024-033
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