Did Missouri approve ballot wording to require an 80% legislative vote and voter referral before changing approved initiatives?

Plain-English summary

Missouri Attorney General Andrew Bailey approved the legal content and form of the proposed summary statement for Jamie Howard's initiative petition 2026-044. The statement described requiring an 80% legislative vote and voter referral before the legislature could repeal, amend, or override voter-approved initiatives. It also described prohibiting legislative changes to the initiative and referendum process.

The statement called for votes on those measures at general elections unless 80% of legislators and the governor approved a special election. It also described prompt court rewriting of misleading ballot titles, preservation of existing signature and vote thresholds, and a self-executing and severable section interpreted to protect initiative and referendum powers. The opinion did not endorse the petition.

What this means for you

Missouri voters and initiative proponents

The reviewed statement described protections for voter-approved initiatives and existing petition thresholds. The opinion addressed the statement's legal content and form, not the proposal's merits.

State legislators and election officials

The statement described an 80% legislative vote and voter referral for changes to voter-approved initiatives. It also described general-election voting unless 80% of legislators and the governor approved a special election.

Courts and election lawyers

The statement described requiring courts to rewrite misleading ballot titles promptly and declaring the section self-executing and severable.

Common questions

Q: Could the legislature change a voter-approved initiative without another vote?
A: The statement described prohibiting repeal, amendment, or override without an 80% legislative vote to refer the change to voters.

Q: When would voters decide those measures?
A: The statement described general-election voting unless 80% of legislators and the governor approved a special election.

Q: What did the statement say about misleading ballot titles?
A: It described requiring courts to rewrite them promptly.

Q: Did the attorney general endorse the proposal?
A: No. The opinion approved the summary statement's legal content and form and expressly disclaimed endorsement.

Background and statutory framework

The Missouri Secretary of State requested review on June 13, 2025. The attorney general reviewed the proposed summary statement under § 116.334, RSMo and approved it on June 23, 2025.

The proposal was identified as Jamie Howard's petition 2026-044. The opinion reproduced the six-part statement concerning legislative changes, elections, ballot titles, petition thresholds, and interpretation of initiative and referendum protections.

Citations and references

Statute: § 116.334, RSMo.

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/97-2025.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ANDREW BAILEY

June 23, 2025

OPINION LETTER NO. 97-2025

The Honorable Denny Hoskins
Missouri Secretary of State
James C. Kirkpatrick State Information Center
600 West Main Street
Jefferson City, MO 65101

Dear Secretary Hoskins:

This opinion letter responds to your request dated June 13, 2025 for our review under § 116.334, RSMo of a proposed summary statement prepared for the petition submitted by Jamie Howard, 2026-044. The proposed summary statement is as follows:

Shall the Missouri Constitution be amended to:

• prohibit the legislature from repealing, amending, or overriding voter-approved initiatives without referring the change to voters by an eighty percent vote;

• prohibit legislative changes to the initiative and referendum process;

• require votes on such measures at general elections unless a special election is approved by eighty percent of legislators and the governor;

• require courts to promptly rewrite misleading ballot titles;

• maintain existing signature and vote thresholds for initiative and referendum petitions; and

• declare the section self-executing and severable, with all provisions interpreted to strongly protect the people’s initiative and referendum powers?

Pursuant to § 116.334, RSMo, we approve the legal content and form of the proposed statement. Because our review of the statement is mandated by statute, no action that we take with respect to such review should be construed as an endorsement of the petition, nor as the expression of any view regarding the objectives of its proponents.

Very truly yours,

ANDREW BAILEY
Attorney General

OP-2025-108

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