Did Missouri approve the ballot summary for a county tobacco cigarette tax petition?

Plain-English summary

The Missouri Attorney General approved the legal content and form of the proposed summary statement for initiative petition 2024-172. The wording asked whether to amend the state constitution to let county voters set and control county taxes on tobacco cigarettes, whether placed on the ballot by the county governing body or by initiative petition. It also described using proceeds “solely for education, health and mental health, crime prevention, job creation, veterans’ services, or other local use specifically approved by voters.”

The approval was limited to the proposed summary statement. The letter says it should not be read as an endorsement of the petition or its proponents' objectives. It does not say the proposed constitutional amendment became law or impose a tax.

What this means for you

Missouri voters and county officials

The opinion identifies what petition 2024-172's proposed ballot wording covered: county voter control of tobacco cigarette taxes and the listed uses of proceeds. The AG's action approved that wording's legal content and form under the review statute. The letter gives no conclusion about adoption or implementation of the proposal.

Election officials and petition researchers

This is a summary-statement review under § 116.334, RSMo, for the identified petition. It records the exact proposed ballot question and the AG's approval, while expressly withholding any endorsement of the measure.

Common questions

Q: Did the Missouri AG approve a new county cigarette tax? A: No. The AG approved the legal content and form of proposed ballot wording for a constitutional amendment. The opinion did not enact the proposal or levy a tax.

Q: What would the ballot summary tell voters about use of the tax proceeds? A: It listed education, health and mental health, crime prevention, job creation, veterans' services, and another local use specifically approved by voters.

Q: Did the AG support petition 2024-172?
A: The letter expressly says the mandatory review should not be construed as an endorsement or a view about proponents' objectives.

Background and statutory framework

The Secretary of State requested review of Deidre Hirner's petition 2024-172. The letter quotes the proposed statement and approves its legal content and form “Pursuant to § 116.334, RSMo.” It offers no analysis of the policy merits.

Citations and references

• § 116.334, RSMo: the summary-statement 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/5-2024.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ANDREW BAILEY
January 16, 2024
OPINION LETTER NO. 5-2024
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 January 5, 2024, for our review under § 116.334, RSMo of a proposed summary statement prepared for the petition submitted by Deidre Hirner, 2024-172. The proposed summary statement is as follows: Do you want to amend the Missouri Constitution to:

• allow county voters to set and control county taxes on tobacco cigarettes, whether submitted to county voters by the county governing body or by initiative petition; and
• use the county tobacco tax proceeds solely for education, health and mental health, crime prevention, job creation, veterans’ services, or other local use specifically approved by voters? 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,

ANDREW BAILEY
Attorney General

OP-2024-005
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