Did the Missouri Attorney General approve the form of Gerald Peterson's initiative petition to amend Chapter 115?

Plain-English summary

Unlike the form-approval letters earlier in the 2019 series, this opinion is a form rejection. AG Eric Schmitt rejected the form of Gerald Peterson's initiative petition (2020-028), which sought to amend Chapter 115 of the Revised Statutes of Missouri (the chapter governing elections).

The reason for rejection is the drafting-mechanics requirement at § 116.050, RSMo. That statute requires that any initiative petition amending an existing law identify changes visibly: "all matter which is to be deleted [must be] included in its proper place enclosed in brackets and all new matter shown underlined." Peterson's draft did not follow this requirement, so the AG rejected it for form.

The AG explicitly noted that it had not reviewed the petition further. "Because of our rejection of the form of the petition for the reasons stated above, we have not reviewed the petition to determine whether additional deficiencies exist." Other formatting or substantive problems may still exist; the bracket-and-underline failure was enough to dispose of the form review.

The opinion concludes by reminding the Secretary of State that under § 116.332.4, RSMo, the Secretary may review the AG's opinion and "make a final decision as to the approval or rejection of the form of the petition." So the AG's rejection is not the last word; the Secretary of State retains authority to approve or reject the form after considering the AG's opinion.

The letter is dated January 10, 2019. Internal tracking number OP-2018-0134.

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.

Background and statutory framework

Section 116.050, RSMo, is the drafting-mechanics statute for Missouri initiative petitions that amend existing law. Sponsors must show what they're deleting (in brackets) and what they're adding (underlined). The point is to give voters and reviewers a clear, side-by-side comparison of current law and proposed law.

Section 116.332 is the broader form-review statute. The Attorney General's review under § 116.332 looks at form, not substance. § 116.332.4 reserves to the Secretary of State the final decision on whether to approve or reject the form, after considering the AG's opinion.

Per the petition's official subject title, 2020-028 was a statutory initiative to amend Chapter 115, RSMo, not a constitutional amendment. The bracket-and-underline rule in § 116.050 applies to initiative petitions that amend existing law, and the AG identified Peterson's failure to follow it as the ground for rejecting the form.

Common questions

Could Gerald Peterson fix the form and refile?
Yes. A form rejection identifies a fixable defect. The standard practice is for the sponsor to revise the petition (in this case, putting deletions in brackets and underlining new matter) and resubmit through the Secretary of State.

Why does § 116.050 require brackets and underlines?
So readers can see immediately what is being deleted from current law and what is being added. Initiative petitions can be long, and without that visual marking, voters and reviewers would have to manually compare the proposed text to the current statute.

Does the AG's rejection bind the Secretary of State?
No. § 116.332.4 gives the Secretary of State the final decision. In practice, when the AG identifies a clear statutory defect, the Secretary typically follows. But the Secretary retains the legal authority to override.

Was the rejection the only defect?
The AG did not review further once the bracket-and-underline issue surfaced. There may have been additional defects. The opinion explicitly says so.

What does Chapter 115 of the Revised Statutes of Missouri cover?
Chapter 115 of RSMo is Missouri's main statutory chapter on the conduct of elections. It addresses voter registration, qualifications, polling places, the conduct of primary and general elections, election challenges, and related matters.

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/10-2019.pdf?sfvrsn=2

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

Attorney General of Missouri
Eric Schmitt
Jefferson City, P.O. Box 899, 65102
(573) 751-3321

January 10, 2019

OPINION LETTER NO. 10-2019

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 December 31, 2018, for our review under § 116.332, RSMo, of the sufficiency as to form of an initiative petition submitted by Gerald Peterson, (2020-028).

We conclude that the petition must be rejected for at least the following reasons:

1. The petition does not contain "all matter which is to be deleted included in its proper place enclosed in brackets and all new matter shown underlined" as required pursuant to § 116.050, RSMo.

Because of our rejection of the form of the petition for the reasons 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

OP-2018-0134