Did the Missouri Attorney General approve the form of Patricia Thomas's initiative petition to amend Article VI of the Missouri Constitution?

Plain-English summary

Missouri Attorney General Eric Schmitt approved the form of an initiative petition submitted by Patricia Thomas (2020-020). The petition proposed amending Article VI of the Missouri Constitution, the article that establishes Missouri's local governments (counties and other political subdivisions).

The AG's review under § 116.332, RSMo, is limited to whether the petition's paperwork meets the statutory format requirements. Substance is not reviewed. The Secretary of State has separate authority over the petition's eventual approval. The boilerplate "not an endorsement" disclaimer is required by the AG's mandatory statutory duty.

This opinion is the second in the January 7, 2019 series from the AG on Patricia Thomas's late-2018 petition filings. Internal tracking number OP-2018-126.

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.

Background and statutory framework

Article VI of the Missouri Constitution covers local government: the structure of counties, charter counties, charter cities, classified counties, municipal corporations, intergovernmental cooperation, and related topics. Amendments to Article VI can rearrange the relationships between state and local government, alter county-government structure, or expand home-rule authority.

Section 116.332, RSMo, requires the AG to perform a form review of every initiative petition submitted to the Secretary of State. The duty is mandatory and ministerial.

The Patricia Thomas late-2018 cluster of petitions targeted multiple articles. Each petition gets a separate AG opinion. The form-review opinions are short and follow nearly identical templates regardless of subject matter.

Common questions

What did the petition propose to change about local government?
The opinion does not summarize the substance. For the actual text, see Missouri Secretary of State filings for petition 2020-020.

Does form approval validate the policy?
No. Form approval means the paperwork format complies with statute. It says nothing about the policy merits.

Does form approval mean the petition will appear on the ballot?
No. The petition must still navigate Secretary of State approval, ballot title development, signature gathering, and signature verification before it can appear on the ballot.

Where can I find what happened to this petition?
Missouri Secretary of State public records for petition 2020-020.

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/2-2019.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
Jefferson City, P.O. Box 899, 65102
(573) 751-3321

January 7, 2019

OPINION LETTER NO. 2-2019

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 December 27, 2018, for our review under § 116.332, RSMo, of the sufficiency as to form of an initiative petition to amend Article VI, of the Missouri Constitution submitted by Patricia Thomas, (2020-020).

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.

Very truly yours,

Eric S. Schmitt
Attorney General

OP-2018-126