Why did the Missouri Attorney General reject Mark Parachini’s petition 2020-147 as to form?

Plain-English summary

The Attorney General reviewed Mark Parachini’s petition 2020-147 under § 116.332, RSMo, and concluded it must be rejected for at least one reason: it was not in the form prescribed by § 116.050.2(3), RSMo. The letter does not describe the petition’s proposed change or spell out the specific formatting error.

The Attorney General says no review was made for additional deficiencies. The Secretary of State may review the opinion and make the final decision on the petition’s form under § 116.332.4, RSMo. The letter does not establish that any issue identified in an earlier filing was fixed.

Currency note

This letter was issued in 2020. Consult current law and the petition text for present requirements and the proposal’s substance.

Common questions

Q: Was § 116.050.2(3) the only defect?
A: The letter does not say. It identifies that provision as at least one reason for rejection and expressly leaves other possible deficiencies unreviewed.

Q: Did the Attorney General decide the final outcome?
A: No. The letter quotes § 116.332.4, RSMo, giving the Secretary of State the final form decision.

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: § 116.050.2(3), § 116.332, and § 116.332.4, RSMo.

Source

• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/6-2020.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

ATTORNEY GENERAL OF MISSOURI
Eric SCHMITT

February 3, 2020

OPINION LETTER NO. 6-2020

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 23, 2020, for our review under § 116.332, RSMo, of the sufficiency as to form of an initiative petition submitted by Mark Parachini, (2020-147).

We conclude that the petition must be rejected for at least the following reasons:

i. The petition is not in the form prescribed by § 116.050.2(3), 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,

ERIC S. SCHMITT
Attorney General

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

OP-2020-0006