Did Missouri's AG approve the form of the Shetova Hayes initiative petition to amend Chapter 558, RSMo (Petition 2020-033)?

Plain-English summary

Shetova Hayes submitted Petition 2020-033 to the Missouri Secretary of State proposing amendments to Chapter 558 of the Revised Statutes of Missouri. Chapter 558 governs sentencing for criminal offenses, including the classification of authorized terms of imprisonment.

The AG rejected the form for two reasons:

1. The petition was not in the form prescribed by § 116.040, RSMo (the general initiative petition format requirements).
2. The petition failed to comply with § 116.060, RSMo. Section 116.060 governs requirements for initiative petitions proposing statutory changes, including the heading, ballot title, and required information about the sponsor and circulators.

The AG did not address any other potential defects. Under § 116.332.4, RSMo, the Secretary of State has final authority on form. The sponsor can refile a corrected version.

The opinion does not address the substance of the proposed amendment to Chapter 558.

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 a corrected version of Petition 2020-033 was refiled is a separate question that the Missouri Secretary of State's records would show.

Common questions

What is Chapter 558, RSMo?

The Missouri statutory chapter on terms of imprisonment and sentencing classifications for criminal offenses.

What are §§ 116.040 and 116.060?

Section 116.040 sets the general form requirements for initiative petitions (heading, ballot title, separate sheets, signature lines, circulator information). Section 116.060 adds specific requirements for petitions proposing statutory changes.

What does the sponsor do after a form rejection?

Refile a corrected version. Each refiling gets a new petition number from the Secretary of State and starts the review process over.

Does the AG ever explain what specific defect needs to be fixed?

In a brief form-rejection opinion, the AG typically does not list every defect. The opinion explicitly says "we have not reviewed the petition to determine whether additional deficiencies exist." The sponsor and the Secretary of State's office work out the specifics directly.

Background and statutory framework

The form review framework:

• § 116.040, RSMo: general petition format requirements.
• § 116.060, RSMo: additional requirements for petitions proposing statutory changes (as opposed to constitutional amendments).
• § 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.

The opinion is brief and procedural. Initiative form review is meant to be a quick gate before the petition can circulate for signatures; it does not slow down the substantive merits of the proposal until later stages (signature certification, post-election challenges).

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/15-2019.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 17, 2019

OPINION LETTER NO. 15-2019

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 7, 2019, for our review under § 116.332, RSMo, of the sufficiency as to form of an initiative petition submitted by Shetova Hayes, (2020-033).

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.

2. Failure to also comply with § 116.060, 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-2019-0005