Did the Missouri AG approve the form of the Mark Pedersen petition to amend Article XVI (2020-051)?

Plain-English summary

Attorney General Eric Schmitt rejected the form of Mark Pedersen's initiative petition designated 2020-051, which proposed amendments to Article XVI of the Missouri Constitution. Article XVI is the "Local Government Revenue" article, covering certain tax and revenue provisions for political subdivisions.

The single reason for rejection: the petition did not comply with § 116.050, RSMo, which requires that any matter to be deleted from the existing constitution be enclosed in brackets at its proper place, and that all new matter be shown underlined. Without this markup, voters and the Secretary of State cannot see exactly what the petition would change. The AG did not review the petition for any other potential defects because § 116.332 limits AG review to form, and once a form defect requires the petition to go back to the proponent, additional review serves no purpose.

§ 116.332.4 leaves the final form decision with the Secretary of State.

Pedersen's name also appears in the 2019 opinion series as a proponent of multiple petitions in the same cycle. The AG opinion does not describe the substantive content of the Article XVI petition.

Currency note

This opinion was issued in 2019. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

What does § 116.050 require?

That deletions to existing law be shown in brackets at the proper place, and that new matter be underlined. The markup rule lets voters and the Secretary of State see at a glance exactly what the petition would change. This is one of the most commonly missed form requirements.

Can Pedersen fix this?

Yes. Form rejections do not bar refiling. The proponent fixes the markup and resubmits a corrected petition, which then gets a fresh AG review.

What does Article XVI cover?

Article XVI of the Missouri Constitution governs certain local-government revenue provisions, including local tax and revenue authority. It is the article a petition would target to change how political subdivisions are funded.

Does the AG ever review substance?

Not in initiative-petition form review. The AG's § 116.332 task is limited to the formal sufficiency of the petition. Substantive review (single-subject rule, conflict with federal law, etc.) is for courts to handle if and when the measure reaches the ballot or is challenged.

Background and statutory framework

Missouri's initiative-petition process is in Chapter 116 of RSMo. § 116.050 covers the markup convention for changes to existing law. § 116.332 governs the AG's form review; § 116.332.4 reserves the final form decision to the Secretary of State. The constitutional initiative process runs through Mo. Const. art. III, §§ 49 to 53. Article XVI of the Missouri Constitution covers local-government revenue.

Citations

• § 116.050, RSMo (markup convention: deletions in brackets, new matter underlined)
• § 116.332, RSMo (AG form review)
• § 116.332.4, RSMo (Secretary of State final authority)
• Mo. Const. art. XVI (Local Government Revenue, the article the Pedersen petition proposed to amend)
• Mo. Const. art. III, §§ 49 to 53 (initiative and referendum process)
• Initiative Petition 2020-051 (Pedersen, Article XVI)

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/62-2019.pdf?sfvrsn=2

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