Did Missouri's AG approve the form of Rik Combs's initiative petition to amend Article X of the Missouri Constitution (Petition 2020-029)?

Plain-English summary

Rik Combs submitted Petition 2020-029 to the Missouri Secretary of State, proposing to amend Article X of the Missouri Constitution. Article X is the constitutional article on taxation and revenue.

The AG rejected the form on a single ground: the petition was not in the form prescribed by § 116.040, RSMo. The AG did not reach any other potential defects, and the Secretary of State retains final authority on form under § 116.332.4. The sponsor can refile a corrected version.

The opinion does not describe the substance of the proposed Article X amendment.

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. Whether Combs refiled a corrected version is a separate question that the Missouri Secretary of State's records would show.

Common questions

What is Article X of the Missouri Constitution?

The article on taxation and revenue.

What does it mean that the form was wrong?

That the document submitted as a petition did not meet the layout requirements of § 116.040 (heading, ballot title, separate signature sheets, circulator information, etc.). The AG's office often does not list each specific defect in a rejection letter, leaving the sponsor and Secretary of State to work out the specifics.

Can the sponsor try again?

Yes. Refile a corrected version. The Secretary of State will issue a new petition number and the AG and Secretary will review the corrected draft.

What did the petition propose to change in Article X?

The AG opinion does not say. The form rejection ended the review before the substance was reached. The Missouri Secretary of State's records on Petition 2020-029 would show the substantive content.

Background and statutory framework

The form review framework:

• § 116.040, RSMo: general petition layout requirements.
• § 116.332, RSMo: AG review of form on Secretary of State's request.
• § 116.332.4, RSMo: Secretary of State's final authority on form.

When a petition is rejected as to form, the sponsor can refile a corrected version. The review process resets.

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/11-2019.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, ATTORNEY GENERAL
JEFFERSON CITY, P.O. Box 899, 65102
(573) 751-3321

January 10, 2019

OPINION LETTER NO. 11-2019

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 January 2, 2019, for our review under § 116.332, RSMo, of the sufficiency as to form of an initiative petition submitted by Rik Combs, (2020-029).

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

1. The petition is not in the form prescribed by § 116.040, 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-2019-0001