MO Opinion No. 95-2019 2019-06-27

Did the Missouri AG approve the form of Mary Anne Sedey's first 2019 Article VIII voting petition (version 1, file 2020-072)?

Short answer: Yes, as to form. AG Schmitt approved Sedey's petition 2020-072 (version 1, the lead version of a 12-version voting-access slate) as sufficient as to form under § 116.332 RSMo. Form approval is procedural and not a substantive endorsement. The Secretary of State retained final authority to approve or reject.

Disclaimer: This is an official Missouri Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed Missouri attorney for advice on your specific situation.

Plain-English summary

Petition 2020-072 was the lead version (v1) of Mary Anne Sedey's 12-version slate of voting-access initiative petitions, all targeting Article VIII of the Missouri Constitution. The slate would have added automatic voter registration from state agency lists, polling-place ballot mechanics, permanent vote-by-mail, and a public record of voting method.

Under § 116.332 RSMo the AG reviews initiative petitions for "sufficiency as to form." That check is procedural, looking at whether the petition document satisfies the drafting rules in Chapter 116 RSMo (bracketing of deleted text, underlining of new text, single-subject rule). AG Schmitt approved the form of version 1.

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

Q: What does "sufficiency as to form" mean?
A: A procedural check on the petition's drafting compliance under Chapter 116 RSMo. The AG does not opine on whether the proposal is good policy, fundable, or constitutional.

Q: Why does AG approval not "preclude" the Secretary of State from rejecting?
A: § 116.332 gives the Secretary of State the final call. The AG opinion is advisory; the Secretary can take a different view on form.

Q: How is this related to opinion 122-2019?
A: 95-2019 is the form-sufficiency review (step 2 of the petition pipeline) for petition 2020-072. 122-2019 is the fiscal-note review (step 3) for the same petition. 144-2019 is the summary-statement review (step 4).

Q: Did this petition reach the ballot?
A: The opinion does not say. None of the 12 Sedey 2019 versions appears to have reached the 2020 statewide ballot.

Background and statutory framework

Chapter 116 RSMo lays out the initiative-petition pipeline. This opinion sits at step 2:

Proponent files the petition with the Secretary of State.
AG reviews sufficiency as to form under § 116.332 RSMo (this opinion).
State Auditor prepares a fiscal note; AG reviews under § 116.175.4 RSMo.
Secretary of State drafts a summary statement; AG reviews under § 116.334 RSMo.
Petition certified for circulation.

Citations and references

Statutes: § 116.332 RSMo (the operative provision); § 116.050 RSMo (drafting form); § 116.175 RSMo; § 116.334 RSMo.

Companion fiscal-note opinion (2020-072): 122-2019.
Companion summary-statement opinion (2020-072): 144-2019.

Source

Landing page: https://ago.mo.gov/other-resources/ag-opinions/
Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/95-2019.pdf?sfvrsn=2

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ERIC SCHMITT

June 27, 2019
OPINION LETTER NO. 95-2019

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 June 19, 2019, for our review under § 116.332, RSMo, of the sufficiency as to form of an initiative petition to amend Article VIII of the Missouri Constitution submitted by Mary Anne Sedey, Version 1 (2020-072).

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

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