When a Missouri proponent files multiple versions of the same initiative petition, what does the AG's form review actually decide for each version?

Plain-English summary

AG Eric Schmitt approved the form of Version 9 (state-assigned number 2020-080) of an initiative petition by Mary Anne Sedey to amend Article VIII (suffrage and elections) of the Missouri Constitution. This is the ninth in a ten-version cluster (six through ten) that the AG processed in parallel on June 27, 2019, as Opinion Letters 100-2019 through 104-2019.

Section 116.332 of the Missouri Revised Statutes gives the AG a narrow statutory role: when the Secretary of State receives an initiative petition, the AG must review it for "sufficiency as to form." This is a procedural check. The AG looks at formatting, required statements, attachment of the proposed text, and other structural elements. The AG does not weigh substance, constitutionality, drafting quality, or policy merit.

Each version of a multi-version filing gets its own independent form review. The AG's approval of Version 6 does not carry over to Version 7, 8, 9, or 10; each requires its own letter. That is why this AG batch contained five letters issued the same day. Form approval of one version does not preclude form rejection of another version with a different structural problem.

The opinion's three disclaimers are routine and identical across the five-letter cluster. The Secretary of State retains final authority to approve or reject the petition under § 116.332. Form is not substance. The AG's mandatory review is not an endorsement.

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: Are the ten versions substantively similar?
A: Typically yes, with minor textual variations. The AG's form review does not depend on whether the versions match substantively; each version is reviewed on its own four corners for structural and procedural compliance.

Q: What state-assigned number conventions does Missouri use?
A: The "2020-080" format indicates the election cycle (2020) and a sequential filing number. The Secretary of State uses these numbers as the canonical identifier for each filed version.

Q: Can the proponent later combine versions or substitute language?
A: Each version must stand or fall on its own. If the proponent wants to revise, that becomes a new version with a new state file number and triggers a new round of form review. The proponent chooses which version to actually circulate for signatures.

Q: What is the relationship between the AG's role here and the AG's role drafting the ballot title?
A: Section 116.332 is the AG's form-review role. Section 116.334 gives the Secretary of State and the AG jointly the role of drafting the official ballot title (the summary statement voters see). These are separate functions that can run in sequence on the same petition.

Background and statutory framework

Chapter 116 of the Missouri Revised Statutes is the comprehensive initiative-and-referendum statute. Section 116.332 is the AG form-review provision. Article III, § 50 of the Missouri Constitution grants the people the initiative power. Article VIII (suffrage and elections) is the article the Sedey petitions proposed to amend; Article XII, § 2(b) sets the signature threshold for constitutional amendments.

The opinion letter follows a single, fixed format that the Missouri AG's office reuses for every form-review letter. The same paragraphs about form-not-substance, Secretary-of-State final authority, and no-endorsement appear in opinions 100-2019 through 104-2019 and across thousands of other ballot-related opinion letters before and after.

Citations

• Mo. Rev. Stat. § 116.332 (AG form review of initiative petitions)
• Mo. Const. art. III, § 50 (initiative power)
• Mo. Const. art. VIII (suffrage and elections, amendment target)

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/103-2019.pdf?sfvrsn=2

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ERIC SCHMITT

June 27, 2019

OPINION LETTER NO. 103-2019

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 17, 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 9 (2020-080).

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.

ERIC S. SCHMITT
Attorney General