Did the Missouri AG approve, as to form, Rik Combs's initiative petition 2020-038 proposing an amendment to Article X of the Missouri Constitution?

Plain-English summary

§ 116.332, RSMo, governs the Secretary of State's certification of initiative petitions as to form. The Secretary's review covers things like signature-line layout, required disclosures, and other formal requirements. Before completing that review, the Secretary submits the petition to the AG, who provides a parallel form-only review. The AG's review is statutory, the Secretary still has the final word, and approval is explicitly not an endorsement.

On January 30, 2019, AG Eric Schmitt approved the form of Rik Combs's initiative petition 2020-038, a proposed amendment to Article X of the Missouri Constitution (the article governing taxation). The AG was unusually explicit about what the approval did not mean:

• The Secretary of State has final approval authority under § 116.332. The AG's approval of the petition's form does not prevent the Secretary from rejecting the petition.
• Form approval is not a determination that the petition is substantively sufficient. Substantive challenges (single-subject rule, federal preemption, etc.) can still be raised.
• Statutorily-mandated review is not an endorsement. The AG took no position on the petition or its objectives, or on the overall adequacy of the petition.

The AG used somewhat unusual layering of disclaimers in this opinion, signaling that the petition's substance was either politically controversial or legally vulnerable. The opinion does not identify which.

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.

Common questions

What is the difference between sufficiency as to form and the ballot summary?

Form sufficiency (§ 116.332) addresses the petition itself: layout, required disclosures, signature pages, etc. Ballot summary review addresses the wording that will appear on the ballot. The Secretary of State and the AG each have roles in both reviews, with slightly different responsibilities.

Why the layered disclaimers?

The AG repeated three different limitations: (1) Secretary's final authority, (2) form versus substance, (3) review-is-not-endorsement. That layering is the AG's standard practice for ensuring no one over-reads the approval. It is particularly relevant when the underlying initiative is likely to face challenges.

Does the Secretary of State usually follow the AG?

The AG and Secretary of State coordinate closely, and form approval typically aligns. But § 116.332 expressly preserves the Secretary's independent statutory authority to approve or reject. If the Secretary identifies a defect the AG missed, the Secretary can act on it.

What is Article X?

Article X of the Missouri Constitution covers taxation: tax rates, exemptions, refunds, and the structural rules governing taxation in Missouri. It includes the Hancock Amendment limitations on tax increases (added in 1980).

Background and statutory framework

§ 116.332, RSMo: Initiative petition sufficiency-as-to-form review. The Secretary of State certifies the petition as to form; the AG conducts parallel form-only review.

A separate Chapter 116 provision covers the ballot summary statement, which is the wording that appears on the ballot.

Mo. Const. art. III, §§ 49-53: Initiative process.

Mo. Const. art. X: Taxation and revenue.

Citations

• § 116.332, RSMo (initiative petition sufficiency as to form)
• Mo. Const. art. III, §§ 49-53 (initiative process)
• Mo. Const. art. X (taxation, the article the petition would amend)
• Initiative petition 2020-038 (proposed amendment to Article X, submitted by Rik Combs)

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/34-2019.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 30, 2019

OPINION LETTER NO. 34-2019

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 18, 2019, for our review under § 116.332, RSMo, of the sufficiency as to form of an initiative petition to amend Article X of the Missouri Constitution submitted by Rik Combs, (2020-038).

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-2019-0025