Why did the Missouri Attorney General reject the form of Mark Pedersen’s petition 2020-051?

Plain-English summary

The Attorney General reviewed an initiative petition submitted by Mark Pedersen (2020-051) and concluded that it must be rejected for at least one form defect. The petition did not show all deleted matter in brackets at its proper place and all new matter underlined, as § 116.050, RSMo, requires. The letter does not identify a constitutional article or describe the proposal’s substance.

The Attorney General expressly did not review whether additional deficiencies existed. Under § 116.332.4, RSMo, the Secretary of State makes the final decision on approval or rejection of the petition’s form.

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: Was this the only defect?
A: The letter says “at least” one reason and states that additional deficiencies were not reviewed.

Q: Which constitutional article would this petition amend?
A: The letter does not say. Its text identifies only the proponent and petition number.

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, § 116.332, and § 116.332.4, RSMo.

Source

• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/62-2019.pdf

Original opinion text

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

April 1, 2019

OPINION LETTER NO. 62-2019

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 22, 2019, for our review under § 116.332, RSMo, of the sufficiency as to form of an initiative petition submitted by Mark Pedersen (2020-051).

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

The petition does not contain "all matter which is to be deleted included in its proper place enclosed in brackets and all new matter shown underlined" as required pursuant to § 116.050, 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

OP-2019-0062