Did the Missouri AG approve the form of the Miller petition to amend Article IV of the Missouri Constitution?

Plain-English summary

Attorney General Eric Schmitt rejected the form of the Heidi Miller initiative petition (2020-059), which proposed amending Article IV of the Missouri Constitution. Article IV concerns the executive branch. The basis for rejection: the petition was not in the form prescribed by § 116.040, RSMo. § 116.040 sets the form rules specific to petitions that propose to amend the constitution. The AG stopped at this single defect and did not review for further issues. The Secretary of State has final authority over form decisions under § 116.332.4.

This is a different petition from Miller's Medicaid Expansion proposal (20-053), even though it carries the same submitter's name. Initiative proponents often file multiple petitions in a single cycle to explore variants of similar policy proposals.

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

Why are constitutional-amendment petitions in a separate section?

Because the constitutional process has different prerequisites under Mo. Const. art. III, §§ 49 to 53, including different signature thresholds and stricter procedural rules. The form statute mirrors that difference.

Can Miller fix and resubmit?

In practice yes. The AG's letter is silent on resubmission but Chapter 116 allows for revised filings.

What was Article IV of the Missouri Constitution about?

Article IV is the executive department article. It establishes the governor, lieutenant governor, attorney general, state auditor, secretary of state, treasurer, and the heads of executive departments, and allocates their powers and duties. The substance of Miller's proposed amendment is not described in this short opinion.

Does the AG ever explain which specific defect under § 116.040 caused the rejection?

Not in this opinion. The AG cites § 116.040 generally as the source of the noncompliance. Proponents would need to consult the petition itself and the full text of § 116.040 to identify the specific element to repair.

Background and statutory framework

Chapter 116 of the Revised Statutes of Missouri governs initiative and referendum procedure. § 116.040 sets out form rules for constitutional-amendment petitions. § 116.332 routes petitions through the AG for form review. § 116.332.4 makes the Secretary of State the final authority on form.

Citations

• § 116.040, RSMo (form requirements for petitions to amend the constitution)
• § 116.332, RSMo (AG form review of initiative petitions)
• § 116.332.4, RSMo (Secretary of State's final authority over form)
• Mo. Const. art. IV (executive branch, the article the petition proposed to amend)
• Initiative Petition 2020-059 (Miller, Article IV)

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/75-2019.pdf?sfvrsn=2

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ERIC SCHMITT

April 22, 2019
OPINION LETTER NO. 75-2019

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 April 12, 2019, for our review under § 116.332, RSMo, of the sufficiency as to form of an initiative petition submitted by Heidi Miller (2020-059).

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

Broadway Building
P.O. Box 899
Jefferson City, MO 65102
Phone: (573) 751-3321
Fax: (573) 751-0774
www.ago.mo.gov

OP-2019-0079