Does a Missouri AG approval as to form make an initiative petition substantively sufficient?

Plain-English summary

Missouri Opinion 7-2024 approved the form of Deidre Hirner's initiative petition 2024-174, which the letter describes as a proposed amendment to Chapter 196 of the Revised Statutes of Missouri. The letter states, “We approve the petition as to form,” and immediately explains that § 116.332 gives the Secretary of State final authority to approve or reject it.

The AG did not decide whether the petition was substantively sufficient. The letter also says that mandatory form review is not an endorsement of the measure or its objectives. It offers no account of what the proposed Chapter 196 amendment would do.

What this means for you

Petition sponsors and election officials

The opinion records a favorable form review for petition 2024-174. It does not compel the Secretary of State to approve the petition and does not resolve its substance. Those limits are stated in the letter itself.

Missouri voters

This is a procedural review letter. It does not describe the proposed amendment's effects or report a ballot result, so its approval should be read only as approval of form.

Common questions

Q: Did the Attorney General approve initiative petition 2024-174? A: Yes, as to form. The AG said the Secretary of State could still reject it.

Q: Does this approval mean the petition's substance is valid? A: No. The opinion explicitly says the AG's decision is not a determination of substantive sufficiency.

Q: What would the proposed Chapter 196 amendment change? A: The letter does not say. It identifies the petition and the chapter but gives no text or substantive analysis of the proposal.

Background and statutory framework

The Secretary of State requested form review under § 116.332, RSMo. The AG approved the petition's form, distinguished that approval from the Secretary's final decision, and disclaimed any endorsement of the petition.

Citations and references

• § 116.332, RSMo: the form-review provision cited in the opinion.

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/7-2024.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ANDREW BAILEY
March 18, 2024
OPINION LETTER NO. 7-2024
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 8, 2024, for our review under § 116.332, RSMo of the sufficiency as to form of an initiative petition to amend Chapter 196, Revised Statutes of Missouri, submitted by Deidre Hirner, 2024-174. 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-2024-008
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