Did Missouri's AG approve the Secretary of State's summary statement for the Michael Louis labor-union initiative petition version 4 (2020-015)?

Plain-English summary

Under § 116.334, RSMo, the Missouri Secretary of State drafts a summary statement describing the legal effect of an initiative petition, and the Attorney General reviews the draft for legal content and form. The review is required by statute and does not signal any view on the merits of the proposed amendment.

This opinion approved the Secretary of State's draft summary statement for Petition 2020-015, version 4, submitted by Michael Louis. The proposed amendment to Article I of the Missouri Constitution would have prohibited any law or ordinance impairing, restricting, or limiting the negotiation and enforcement of any collectively bargained agreement with an employer respecting financial support by employees of their labor union according to the terms of the agreement.

Version 4 is similar to version 2 (Opinion 19-2019) but drops version 2's separate prong protecting employer collective bargaining. It also differs from version 3 (Opinion 20-2019) by phrasing the protection as covering "negotiation and enforcement" of the agreement rather than the employees' "ability to negotiate, enter into and enforce" it. These are subtle drafting choices and the practical effect of each version, if adopted, would have to be tested in litigation.

This is one of a four-opinion sequence approving alternative drafts: 18-2019 (version 1, 2020-012), 19-2019 (version 2, 2020-013), 20-2019 (version 3, 2020-014), 21-2019 (version 4, 2020-015).

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. The 2020-015 petition was one of multiple Louis drafts; check the Missouri Secretary of State's initiative records for the actual circulation and qualification status.

Common questions

Why does the AG approve summary statements that are nearly identical?

The statute requires the AG to review each summary statement the Secretary of State drafts. Initiative sponsors are entitled to circulate multiple drafts. If each version's summary statement is sufficient under § 116.334, RSMo, the AG approves each.

How does version 4 differ from version 2?

Version 4 (2020-015) drops the second prong from version 2 (2020-013), which protected "the right of employers to organize and bargain collectively through representatives of their own choosing." Version 4 only addresses employee collective bargaining rights.

Did any of these petitions make the ballot?

That depends on whether the sponsor gathered enough valid signatures from enough congressional districts within the deadline. The Missouri Secretary of State's office maintains records on petition status.

What's the policy goal?

To use a constitutional amendment to entrench the result of Missouri's August 2018 referendum on Senate Bill 19, the 2017 "right to work" law that voters rejected 67-33. By constitutional amendment, future legislatures could not re-enact a similar law without going back to the voters.

Background and statutory framework

Chapter 116, RSMo governs Missouri's initiative process. The Secretary of State conducts a separate review of the petition's form, and under § 116.334 drafts the summary statement that the AG then reviews. The State Auditor separately prepares a fiscal note and fiscal note summary. All required components must be on the petition before signatures are gathered.

The Louis petitions follow the August 2018 referendum (Proposition A) rejection of Missouri's "right to work" law, in which 67% of voters opposed the law.

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/21-2019.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. 21-2019

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 § 116.334, RSMo, of a proposed summary statement prepared for the petition submitted by Michael Louis regarding a proposed constitutional amendment to amend Article I of the Missouri Constitution, version 4 (2020-015). The proposed summary statement is as follows:

Do you want to amend the Missouri Constitution to prohibit any law or ordinance that would impair, restrict or limit the negotiation and enforcement of any collectively bargained agreement with an employer respecting financial support by employees of their labor union according to the terms of the agreement?

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

OP-2019-0011