Did Missouri approve the form of initiative petition 2024-171?

Plain-English summary

In Opinion 435-2023, Missouri Attorney General Andrew Bailey approved the form of Deidre Hirner's initiative petition 2024-171, which the letter described as a proposed amendment to Article X of the Missouri Constitution. The opinion reviewed sufficiency as to form under § 116.332, RSMo. It expressly said the Secretary of State held final authority to approve or reject the petition, even after the AG's favorable form review.

The letter did not decide whether the petition was sufficient in substance. It also disclaimed any endorsement of the petition, its proponents' objectives, or its general adequacy. The opinion did not describe or evaluate the policy that the petition proposed.

What this means for you

Initiative sponsors and election officials

The AG's form approval was one procedural decision on petition 2024-171. The Secretary of State remained free to reject the petition under the final authority described in the letter.

Missouri voters

The letter reported a favorable form review, not a decision on the merits or substantive sufficiency of the proposed amendment.

Common questions

Q: Did the AG reject petition 2024-171?
A: No. The official letter says, “We approve the petition as to form.”

Q: Could the Secretary of State reject it anyway?
A: Yes. The Attorney General said § 116.332 gave the Secretary final approval or rejection authority.

Q: Did form approval mean the proposal was sufficient in substance?
A: No. The opinion expressly said its form review should not be treated as a substantive sufficiency decision.

Q: Did the AG endorse the initiative?
A: No. The letter disclaimed endorsement and any view about the proponents' objectives or the petition's overall adequacy.

Background and statutory framework

The Secretary of State requested a form review in November 2023. The Attorney General answered under § 116.332, RSMo, and set out the limits of that review. The official PDF identifies petition 2024-171 and records approval as to form.

Citations and references

• § 116.332, RSMo: form-review provision cited in the opinion.

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/435-2023.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ANDREW BAILEY
December 1, 2023
The Honorable John R. Ashcroft
Missouri Secretary of State
James C. Kirkpatrick State Information Center
600 West Main Street
Jefferson City, MO 65101

OPINION LETTER NO. 435-2023

Dear Secretary Ashcroft:
This opinion letter responds to your request dated November 21, 2023, for our review under § 116.332, RSMo of the sufficiency as to form of an initiative petition to amend Article X, of the Missouri Constitution submitted by Deidre Hirner, 2024-171. 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

OP-2023-427
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