Did the Missouri AG approve the form of initiative petition 2026-012, and could the Secretary of State still reject it?

Plain-English summary

The Missouri Attorney General approved initiative petition 2026-012 as to form. The petition proposed an amendment to Article III of the Missouri Constitution.

The approval did not bind the Secretary of State. Under § 116.332, RSMo, the Secretary retained final authority to approve or reject the petition and could reject it despite the Attorney General's form approval.

The review did not address substantive sufficiency, overall adequacy, or the merits of the proposal. The letter also said the statutory review was not an endorsement of the petition or its objectives.

What this means for you

Initiative sponsors

Petition 2026-012 passed the Attorney General's limited form review. That did not establish substantive sufficiency or guarantee final acceptance by the Secretary of State.

Election officials

The Secretary of State retained final statutory authority over approval or rejection of the petition after the Attorney General's review.

Common questions

Q: Did the AG reject petition 2026-012?
A: No. Despite the source title's wording, the letter itself says the Attorney General approved the petition as to form.

Q: Could the Secretary of State still reject it? A: Yes. The letter expressly recognized the Secretary's final authority.

Q: Did form approval mean the petition was legally sufficient in substance? A: No. The Attorney General did not determine substantive sufficiency.

Q: Was the approval an endorsement?
A: No. The letter expressly disclaimed endorsement of the petition and its objectives.

Background and statutory framework

Under § 116.332, RSMo, the Attorney General reviewed an initiative petition's sufficiency as to form while the Secretary of State retained final approval or rejection authority.

Citations and references

Statute:

• § 116.332, RSMo

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/36-2024.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ANDREW BAILEY
December 26, 2024
OPINION LETTER NO. 36-2024

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 13, 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, 2026-012. 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-2024-038