Did the Missouri Attorney General approve the form of Winston Apple’s petition 2020-048?

Plain-English summary

Winston Apple submitted petition 2020-048 to amend Chapters 143 and 286 of the Revised Statutes of Missouri. The Attorney General approved the petition as to form under § 116.332, RSMo. The letter does not describe the proposed statutory changes.

The Secretary of State retains final authority to approve or reject the petition and may reject it despite this approval. The Attorney General did not determine substantive sufficiency or endorse the petition or its proponents’ objectives.

Currency note

This letter was issued in 2019. Consult current law and the petition text for present requirements and the proposal’s substance.

Common questions

Q: Does this approval allow the petition to circulate?
A: The letter does not decide circulation. It says the Secretary of State can still reject the petition after the Attorney General’s form approval.

Q: What would the petition change in Chapters 143 and 286?
A: The letter identifies the chapters but does not reproduce or describe the proposed changes. Read the petition text for its terms.

Background and statutory framework

The Secretary of State requested an Attorney General review of the petition’s sufficiency as to form under § 116.332, RSMo. This letter records the Attorney General’s form decision and the limits of that review.

Citations and references

Statutes cited: § 116.332, RSMo.

Source

• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/57-2019.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ERIC SCHMITT
JEFFERSON CITY
P.O. Box 899
ATTORNEY GENERAL
65102
(573) 751-3321

March 18, 2019

OPINION LETTER NO. 57-2019

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 March 7, 2019, for our review under § 116.332, RSMo, of the sufficiency as to form of an initiative petition to amend Chapters 143 & 286, Revised Statutes of Missouri, submitted by Winston Apple (2020-048).

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,

ERIC S. SCHMITT
Attorney General

OP-2019-0055