What ballot summary did Missouri approve for petition 2026-128 capping card and payment-processing fees at 1.5 percent?

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 2026-128, version 2 of an Article XI amendment.

The approved summary described a cap of 1.5 percent of the total sale amount on credit-card, debit-card, and payment-processing transaction fees. It said the cap would combine network, interchange, assessment, and processing fees and would prohibit hidden surcharges.

The summary also described civil enforcement and penalties through actions by the Attorney General and merchants. Payment processors and networks would have to comply by January 1, 2027.

The Attorney General's review under § 116.334, RSMo was limited to legal content and form and did not endorse the proposal.

What this means for you

Merchants

The approved wording described a proposed combined-fee cap and private enforcement authority for merchants. The opinion itself did not impose the cap.

Payment processors and networks

The summary identified the fee categories included in the cap and stated a January 1, 2027 compliance date.

Voters and ballot-measure researchers

Opinion 310-2025 records the exact five-part summary approved for petition 2026-128 without taking a position on its merits.

Common questions

Q: What was the proposed fee cap?
A: No more than 1.5 percent of the total sale amount under the approved summary.

Q: Which fees counted toward the cap?
A: Network, interchange, assessment, and processing fees combined.

Q: Who could enforce the cap?
A: The summary described civil enforcement and penalties through actions by the Attorney General and merchants.

Q: When would compliance be required?
A: January 1, 2027 under the approved wording.

Background and statutory framework

The Secretary of State requested review on September 26, 2025. The proposed summary concerned Mark Johnson's petition 2026-128, version 2, to amend Article XI of the Missouri Constitution.

The Attorney General issued Opinion 310-2025 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

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/310-2025.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI
CATHERINE L. HANAWAY

October 6, 2025

OPINION LETTER NO. 310-2025

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 (2026-128) regarding a proposed constitutional amendment to amend Article XI, version 2, of the Missouri Constitution. The proposed summary statement is as follows:

Shall the Missouri Constitution be amended to:

• limit credit card, debit card, and payment processing transaction fees to no more than 1.5% of the total sale amount;
• apply the cap to all network, interchange, assessment, and processing fees combined;
• prohibit hidden surcharges;
• authorize the Attorney General and merchants to enforce the cap through civil actions and penalties; and
• require payment processors and networks to comply by January 1, 2027?

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-2025-330

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