Did Missouri's AG approve the form of the Winston Apple initiative petition to amend Article III (Petition 2020-034, version 1)?

Plain-English summary

Winston Apple submitted two versions of an initiative petition (2020-034 and 2020-035) to amend Article III of the Missouri Constitution, which governs the legislative branch. The AG reviewed both on January 18, 2019 and rejected both for the same defect.

For Petition 2020-034 (version 1), the AG concluded that the petition did 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 by § 116.050, RSMo.

That requirement matters because Article III is an existing part of the Missouri Constitution. Amending it means changing existing text. Section 116.050 requires the petition to show voters exactly what is being deleted (bracketed) and what is being added (underlined). Without that markup, voters do not know what they are signing.

The AG did not reach any other potential defects. Under § 116.332.4, RSMo, the Secretary of State has final authority on form. See companion opinion 17-2019 (same day, same defect, version 2 / Petition 2020-035).

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

Common questions

What is Article III of the Missouri Constitution?

The article governing the Missouri General Assembly (the legislative branch). It covers the structure, qualifications, sessions, procedures, and limits on legislative power.

Why does § 116.050 matter for an Article III petition?

Because the petition asks voters to amend existing constitutional text. Voters need to see what is being deleted (in brackets) and what is being added (underlined) so they understand the actual change. A petition that just states the proposed result, without showing the deletions and additions, hides the substantive change from signers.

Was Apple's substantive proposal addressed?

No. The AG rejected the form and explicitly did not reach the substance. The opinion notes that further review was not conducted because the form rejection ended the review.

Did Apple refile?

This opinion does not say. The Missouri Secretary of State's records on initiative petitions would show any later filings.

Background and statutory framework

The bracket-and-underline rule:

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.

This is a standard rule for any petition that amends existing text. It applies whether the existing text is a constitutional provision (as here, Article III) or a statute. The purpose is voter clarity. The remedy for sponsors is straightforward: prepare a properly marked-up draft and refile.

See related opinion 17-2019 (Apple version 2, Petition 2020-035, same defect rejected the same day).

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/16-2019.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 18, 2019

OPINION LETTER NO. 16-2019

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 8, 2019, for our review under § 116.332, RSMo, of the sufficiency as to form of an initiative petition submitted by Winston Apple, (2020-034).

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-2019-0006