Did Missouri's Attorney General reject the form of initiative petition 2024-172?

Plain-English summary

The official Missouri Attorney General letter for Opinion 438-2023 approved the form of Deidre Hirner's initiative petition 2024-172. The letter described it as a proposed amendment to Article X of the Missouri Constitution and reviewed its sufficiency as to form under § 116.332, RSMo. The Attorney General said the Secretary of State still had final authority to approve or reject the petition, so the AG's form approval did not prevent the Secretary from rejecting it.

This was a limited form review. The letter expressly said it made no determination that the petition was sufficient in substance, and it withheld any endorsement of the petition, its proponents' objectives, or its overall adequacy. It did not quote or analyze the petition's proposed policy provisions.

What this means for you

Initiative sponsors and election officials

The AG's letter recorded a favorable decision on the petition's form only. The Secretary of State retained final approval authority under the review process described in the opinion.

Missouri voters

The letter did not evaluate the petition's merits or decide whether its substance was sufficient. It should be read as a procedural form-review decision for petition 2024-172.

Common questions

Q: Was petition 2024-172 rejected for its form?
A: No. The letter says, “We approve the petition as to form.”

Q: Could the Secretary of State still reject the petition?
A: Yes. The Attorney General expressly said the Secretary had final authority to approve or reject it, despite the AG's form approval.

Q: Did the AG decide that the petition was sufficient in substance?
A: No. The letter specifically said its form decision should not be construed as a substantive sufficiency determination.

Q: Did the AG endorse the initiative?
A: No. The opinion disclaimed any endorsement or view on the proponents' objectives or the petition's adequacy generally.

Background and statutory framework

The Secretary of State requested review of the petition's form in December 2023. The Attorney General answered under § 116.332, RSMo, by approving the form while identifying the limits of that action. The letter did not give a separate policy or fiscal analysis.

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/438-2023.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ANDREW BAILEY
December 14, 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. 438-2023

Dear Secretary Ashcroft:
This opinion letter responds to your request dated December 4, 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, 2024-172. 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-2023-430
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