Did Missouri reject the form of initiative petition 2024-173?

Plain-English summary

The letter for Missouri Opinion 6-2024 says, “We approve the petition as to form.” It concerns Deidre Hirner's initiative petition 2024-173 to amend Article X of the Missouri Constitution. The AG's form review under § 116.332, RSMo did not determine whether the petition was sufficient in substance. The Secretary of State kept final authority to approve or reject the petition despite the AG's approval.

The letter also says that its mandatory review is not an endorsement of the petition or its proponents' objectives. Its holding is procedural and limited to the form of the petition.

What this means for you

Petition sponsors and election officials

The AG's approval addressed the petition's form. The opinion leaves the Secretary of State's decision open and expressly refuses to treat form approval as a determination of substantive sufficiency.

Missouri voters

The letter does not evaluate the proposed constitutional change on its merits. It records an approval at one review step for petition 2024-173 and says nothing about whether voters ultimately saw or adopted the measure.

Common questions

Q: Was petition 2024-173 approved or rejected by the Attorney General? A: The opinion letter says the AG approved it as to form. It also says the Secretary of State may still reject it.

Q: Does form approval mean the petition is legally sufficient in substance? A: No. The opinion specifically says its form decision is not a determination of substantive sufficiency.

Q: Did the AG endorse the proposed constitutional amendment? A: No. The letter disclaims any endorsement or view on the proponents' objectives.

Background and statutory framework

The Secretary of State asked the AG to review the form of petition 2024-173 under § 116.332, RSMo. The letter describes the petition as an amendment to Article X and distinguishes the AG's limited form review from the Secretary's final approval authority. It does not reproduce the petition's substantive text.

Citations and references

• § 116.332, RSMo: form review and the Secretary of State's authority discussed in the letter.

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/6-2024.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ANDREW BAILEY
February 29, 2024
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. 6-2024

Dear Secretary Ashcroft:
This opinion letter responds to your request dated February 20, 2024, 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, 2024-173. 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-2024-007
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