Did the Missouri AG approve the ballot summary for SJR 14 & 9 (extending the two-term restriction to all statewide elected officials)?

Plain-English summary

The summary statement is the actual question voters mark on the ballot. Under § 116.334 RSMo, after the Secretary of State drafts a summary, the AG reviews its legal content and form. This opinion approves the summary for Senate Substitute for SCS for Senate Joint Resolution Nos. 14 & 9.

The summary statement, in full, is:

Do you want to amend the Missouri Constitution to extend the two term restriction that currently applies to the Governor and Treasurer to the Lt. Governor, Secretary of State, Auditor and the Attorney General?

That sentence is what voters would have seen on the ballot.

The legal substance: under Article IV § 17 of the Missouri Constitution, the Governor and Treasurer cannot serve more than two terms. The other four statewide elected officials (Lt. Governor, Secretary of State, Auditor, AG) have no constitutional cap. SJR 14 & 9 would have amended Article VII to extend the two-term cap to them as well.

The companion opinion 107-2019 (issued the same day) approves the separate "fair ballot language" statement, which explains in more detail what a yes and no vote each mean.

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 is the AG actually approving in this opinion?
A: Only the "legal content and form" of the Secretary of State's draft summary statement. The AG is checking that the summary is legally accurate, not misleading, and within the word-count and format requirements of § 116.155 RSMo. The AG is not endorsing the substance of the proposed amendment.

Q: Who currently has term limits in Missouri?
A: The Governor and the Treasurer, under Article IV § 17 of the Missouri Constitution. Each is limited to two terms.

Q: Who would gain term limits under SJR 14 & 9?
A: Four offices: Lieutenant Governor, Secretary of State, Auditor, and Attorney General. Each would be capped at two terms going forward.

Q: Did the measure pass?
A: The AG opinion does not say. A legislative joint resolution like SJR 14 & 9 reaches the ballot once both chambers approve it. To take effect it would have needed a majority of Missouri voters. Voters and researchers should check Missouri election results to confirm what actually happened.

Q: Why are there two AG opinions (107-2019 and 108-2019) on the same day for the same SJR?
A: They are different documents. 108-2019 reviews the summary statement that goes on the ballot itself. 107-2019 reviews the fair ballot language that appears in voter-information materials. Section 116.025 (fair ballot language) and § 116.334 (summary statement) require separate AG review, even when both come out of the same legislative referral.

Q: Why "extend" rather than "create" term limits?
A: The summary uses the word "extend" because two-term limits already exist for two of the six statewide elected offices (Governor and Treasurer). The amendment expands that policy rather than introducing it from scratch. The Secretary's draft language and the AG's approval both adopt this framing.

Background and statutory framework

For any Missouri constitutional amendment, three pieces of voter-facing language must be reviewed by the AG:

1. The summary statement (the ballot question itself; this opinion). § 116.334 RSMo.
2. The fair ballot language statement (the yes/no explainer). § 116.025 RSMo, reviewed in companion opinion 107-2019.
3. The fiscal-note summary (the cost/revenue line on the ballot). § 116.175 RSMo, drafted by the State Auditor.

The Secretary of State drafts the summary statement under § 116.155 RSMo, then submits it to the AG. After AG approval, the summary becomes the official ballot title.

Article IV § 17 of the Missouri Constitution is the source of the current Governor/Treasurer two-term cap. Article VII of the Missouri Constitution sets the framework for qualifications, oaths, and disabilities of public officers, which is where SJR 14 & 9 would have added the term-limit extension.

Citations and references

Statutes: § 116.334, RSMo (the operative provision).

Constitutional provisions referenced: Mo. Const. art. IV § 17 (existing two-term cap on Governor and Treasurer); Mo. Const. art. VII (qualifications and disabilities of public officers, the article being amended); Mo. Const. art. XII § 2(a) (legislative path to amendments).

Companion opinion: 107-2019 (fair ballot language for the same SJR 14 & 9).

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/108-2019.pdf?sfvrsn=2

Original opinion text

ATTORNEY GENERAL OF MISSOURI

ERIC SCHMITT

June 27, 2019

OPINION LETTER NO. 108-2019

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 § 116.334, RSMo, of a proposed summary statement for Senate Substitute for Senate Committee Substitute for Senate Joint Resolution Nos. 14 & 9 regarding a proposed constitutional amendment to amend Article VII of the Missouri Constitution. The proposed summary statement is as follows:

Do you want to amend the Missouri Constitution to extend the two term restriction that currently applies to the Governor and Treasurer to the Lt. Governor, Secretary of State, Auditor and the Attorney General?

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,

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

OP-2019-0129