Did Missouri approve the summary statement for Winston Apple's legislative proxy-voting initiative?

Plain-English summary

Missouri Attorney General Andrew Bailey approved the legal content and form of the proposed summary statement for Winston Apple's initiative petition 2026-003. The statement described a proposal for eligible Missouri voters to assign legislative voting proxies, an online proxy system administered by the governor, a proxy form created by the secretary of state, and penalties for proxy malfeasance.

The attorney general's review was limited to the summary statement under § 116.334, RSMo. The opinion said the approval should not be read as an endorsement of the petition or its objectives.

What this means for you

Initiative petition proponents

The opinion approved the legal content and form of the summary statement for petition 2026-003. It did not approve or reject the proposal's policy.

Missouri voters

The reviewed statement summarized a proxy-voting system for General Assembly matters. The attorney general addressed the statement's legal content and form, not whether the proposed system should be adopted.

Missouri election officials

Opinion 1-2025 completed the attorney general's summary-statement review under § 116.334, RSMo. The opinion expressly separated that review from endorsement of the petition.

Common questions

Q: Did the attorney general approve Winston Apple's petition?
A: The attorney general approved the proposed summary statement's legal content and form. The opinion did not endorse the petition itself.

Q: What would the proposal have allowed?
A: The proposed statement said members of the General Assembly could acquire voting proxies from eligible Missouri voters for all matters.

Q: Who would have operated the proposed online proxy system?
A: The proposed statement required the governor to establish, maintain, secure, and protect the privacy of the online system.

Background and statutory framework

The Missouri Secretary of State requested review on December 23, 2024. The attorney general reviewed the proposed summary statement under § 116.334, RSMo, and approved its legal content and form on January 2, 2025.

The statement also described a secretary of state proxy form due by January 2, 2027, and legislation providing penalties for proxy malfeasance.

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/1-2025.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ANDREW BAILEY

January 2, 2025

OPINION LETTER NO. 1-2025

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 December 23, 2024 for our review under § 116.334, RSMo of a proposed summary statement prepared for the petition submitted by Winston Apple, 2026-003. The proposed summary statement is as follows:

• allow for members of the General Assembly to acquire proxies from each eligible Missouri voter to vote on all matters;

• require the governor to establish, maintain, and ensure the security and privacy of an online system for voters to facilitate electronically assigning and reassigning of proxies;

• require the secretary of state to create a proxy form by January 2, 2027; and

• require the General Assembly to pass legislation providing penalties for proxy malfeasance?

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-2025-001

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