Did the Missouri AG approve the form of the Heidi Miller initiative petition to amend Article IV (2020-052)?
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This page answers the general question as of 2019. Ezel answers yours: what it means for your facts, under current Missouri law, with citations.
Plain-English summary
Attorney General Eric Schmitt rejected the form of Heidi Miller's initiative petition (designated 2020-052), which proposed to amend Article IV of the Missouri Constitution. The rejection rested on a single ground: the petition was not in the form prescribed by § 116.040, RSMo, which sets out the structural requirements for initiative petitions in Missouri (signature lines, marginal printing, layout conventions).
Two procedural points are worth noting. First, because the AG rejected the petition for the § 116.040 defect, the AG did not look for any additional formal deficiencies. The proponent would need to fix the form issue and resubmit, at which point a fresh review would address whatever was in front of the office. Second, § 116.332.4 gives the Secretary of State, not the AG, the formal final say on form approval and rejection. The AG's opinion is advisory in that sense, although in practice the Secretary almost always follows the AG.
Heidi Miller filed a parallel petition the same day to amend Chapter 208 (a statutory rather than constitutional change), which the AG approved as to form in Opinion No. 64-2019. The pairing suggests Miller was running a constitutional-and-statutory bundle related to Article IV, and the constitutional half tripped a formatting requirement.
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 Article IV of the Missouri Constitution cover?
Article IV is the Executive Branch article. It covers the offices of Governor, Lieutenant Governor, Secretary of State, State Auditor, Attorney General, State Treasurer, and the departments of state government.
What does § 116.040 require?
§ 116.040 sets out the standard form for initiative petitions: layout, signature lines, marginal printing of the proposed measure, and similar structural items. Failing § 116.040 is typically a formatting problem, not a substantive one.
Does rejection on form mean the substance of the petition has been judged?
No. § 116.332 limits the AG's review to form. The opinion makes the point explicitly: because the rejection was on form, the AG did not look at substance. The proponent can fix the form and resubmit.
Who is the final decision-maker on form?
§ 116.332.4 reserves the final form decision to the Secretary of State. The AG's opinion is advisory. In practice the Secretary follows the AG, but the Secretary can in theory accept a petition the AG has rejected (or reject one the AG has approved).
What happened with the related petition?
Miller's Chapter 208 statutory petition (2020-053), filed the same day, was approved as to form in Opinion No. 64-2019.
Background and statutory framework
Missouri's initiative-petition process lives in Chapter 116 of the Revised Statutes of Missouri. § 116.332 covers AG form review. § 116.040 specifies the technical form of the petition itself. Article IV of the Missouri Constitution governs the executive branch and is one of the constitutional articles citizen initiatives may target through the amendment process in Mo. Const. art. III, §§ 49 to 53.
Citations
- § 116.040, RSMo (form requirements for initiative petitions)
- § 116.332, RSMo (AG form review of initiative petitions)
- § 116.332.4, RSMo (Secretary of State has final authority on form)
- Mo. Const. art. IV (Executive Branch; the article Miller's petition would have amended)
- Mo. Const. art. III, §§ 49 to 53 (initiative and referendum process)
- Initiative Petition 2020-052 (Miller, Article IV)
- Op. Mo. Att'y Gen. 64-2019 (Miller's parallel Chapter 208 petition, approved as to form)
Source
- Landing page: https://ago.mo.gov/other-resources/ag-opinions/
- Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/63-2019.pdf?sfvrsn=2
Original opinion text
ATTORNEY GENERAL OF MISSOURI
ERIC SCHMITT
JEFFERSON CITY
P.O. Box 899
ATTORNEY GENERAL
65102
(573) 751-3321
April 1, 2019
OPINION LETTER NO. 63-2019
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 Heidi Miller (2020-052).
We conclude that the petition must be rejected for at least the following reason:
The petition is not in the form prescribed by § 116.040, 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-2019-0063
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