Why did the Missouri Attorney General reject Steven Reed’s petition 2020-066 as to form?

Plain-English summary

The Attorney General reviewed Steven Reed’s petition 2020-066 under § 116.332, RSMo, and concluded that it must be rejected for at least one reason: it was not in the form prescribed by § 116.050.2(2) and (3), RSMo. The letter does not identify the proposed amendment’s subject or explain the precise formatting error.

The Attorney General expressly did not review for additional deficiencies. Under § 116.332.4, RSMo, the Secretary of State makes the final form decision. Correcting the cited defect would not establish that no other defects exist.

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: What specific formatting requirement was violated? A: The letter names § 116.050.2(2) and (3), RSMo, but does not explain which text or layout feature of the petition failed those provisions.

Q: Would correcting this defect guarantee approval? A: No. The letter expressly says the Attorney General did not review whether additional deficiencies existed.

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: § 116.050.2(2), § 116.050.2(3), § 116.332, and § 116.332.4, RSMo.

Source

• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/90-2019.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ERIC SCHMITT

May 24, 2019
OPINION LETTER NO. 90-2019

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 15, 2019, for our review under § 116.332, RSMo, of the sufficiency as to form of an initiative petition submitted by Steven Reed (2020-066). We conclude that the petition must be rejected for at least the following reason: The petition is not in the form prescribed by
§ 116.050.2(2) and (3), RSMo.

Because of our rejection of the form of the petition for the reason 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-2019-0099