Why did Missouri reject Damien Johnson's initiative petition 2026-030?
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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.
Plain-English summary
Missouri Attorney General Andrew Bailey rejected Damien Johnson's Article VIII initiative petition, identified as 2026-030, because its summary sheet incorrectly listed the date of the general election required by Section 116.040, RSMo.
The attorney general did not review the petition for additional deficiencies after identifying that defect. Under § 116.332.4, RSMo, the secretary of state retained authority to make the final decision on approval or rejection of the petition's form.
What this means for you
Initiative petition proponents
Opinion 42-2025 treated an incorrect general election date on the summary sheet as a ground for rejecting petition 2026-030 at the form-review stage.
Missouri election officials
The opinion identified one form defect and stopped without deciding whether other deficiencies existed. It also recognized the secretary of state's final decision authority under § 116.332.4, RSMo.
Election lawyers and ballot-measure researchers
The opinion is limited to petition drafting form. It did not address the proposal's substantive validity or identify every possible form problem.
Common questions
Q: Why was petition 2026-030 rejected?
A: Its summary sheet listed the general election date incorrectly.
Q: Which statute did the opinion identify?
A: Section 116.040, RSMo.
Q: Who had final authority over the petition's form?
A: The opinion said § 116.332.4, RSMo authorized the secretary of state to make the final approval or rejection decision.
Background and statutory framework
The Missouri Secretary of State requested review on February 24, 2025. Damien Johnson submitted an Article VIII petition identified as 2026-030.
The attorney general issued the rejection on March 6, 2025. The opinion relied on Section 116.040, RSMo and cited § 116.332.4, RSMo for the secretary of state's final decision authority.
Citations and references
Statutes: Section 116.040, RSMo; § 116.332.4, RSMo.
Source
- Landing page: https://ago.mo.gov/other-resources/ag-opinions/
- Original PDF: https://ago.mo.gov/wp-content/uploads/42-2025.pdf
Original opinion text
ATTORNEY GENERAL OF MISSOURI
ANDREW BAILEY
March 6, 2025
OPINION LETTER NO. 42-2025
The Honorable Denny Hoskins
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 February 24, 2025, for our review under § 116.332, RSMo of the sufficiency as to form of an initiative petition submitted by Damien Johnson, Article VIII, 2026-030.
We conclude that the petition must be rejected for at least the following reasons:
The petition summary sheet incorrectly lists the date of the general election as required by Section 116.040, RSMo
Because of our rejection of the form of the petition for the reasons stated above, we have not reviewed the petition to determine whether additional deficiencies exist. Pursuant to § 116.332.4, RSMo, the Secretary of State is authorized to review this opinion and “make a final decision as to the approval or rejection of the form of the petition.”
Very truly yours,
ANDREW BAILEY
Attorney General
OP-2025-043
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
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