Did the Missouri Attorney General approve the form of Heidi Miller’s petition 2020-063?

Plain-English summary

The Attorney General approved as to form Heidi Miller’s initiative petition 2020-063 to amend Article IV of the Missouri Constitution. The letter does not describe the proposed change beyond that target.

The Secretary of State has final authority to approve or reject the petition and may reject it despite the Attorney General’s form approval. The letter does not determine substantive sufficiency or endorse the petition or its proponents’ objectives.

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: Could the Secretary of State still reject the petition?
A: Yes. The letter expressly says form approval by the Attorney General does not prevent the Secretary of State from rejecting it.

Q: What change did the petition propose?
A: The letter identifies the target and petition number, but does not reproduce or describe the proposed amendment.

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: § 116.332, RSMo.

Source

• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/87-2019.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ERIC SCHMITT

May 13, 2019
OPINION LETTER NO. 87-2019

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 May 3, 2019, for our review under § 116.332, RSMo, of the sufficiency as to form of an initiative petition to amend Article IV of the Missouri Constitution submitted by Heidi Miller (2020-063).

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,

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-2019-0094