Did the Missouri AG approve the ballot summary for Damien Johnson's earlier Article III petition 2020-025 on initiative-process reforms?

Plain-English summary

The earliest opinion in Damien Johnson's 2019 Article III initiative-process reform series. The substantive package matches the later 2020-030 and 2020-032 petitions covered in Op. 47-2019 and Op. 50-2019: voter approval for election law changes, no filing fees on initiatives, no residency-and-registration requirement for circulators, flexible circulator pay, and a state-built online petition signing system. The AG approved the form of the Secretary of State's summary statement under § 116.334.

Johnson's iterations track standard initiative-petition practice in Missouri: file multiple versions with the same general substance, see which clears the AG and Secretary of State, then refine the language across subsequent filings. The 2020-025 petition is the start of that sequence.

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.

Common questions

How does this opinion relate to Op. 47-2019 and Op. 50-2019?

All three approve summary statements for Damien Johnson's Article III initiative-process reform petitions: 2020-025 (this opinion), 2020-030 (Op. 47-2019), and 2020-032 (Op. 50-2019). The substantive content is essentially identical across all three. The numbering reflects Johnson's sequential filings as he refined the package.

What is the AG actually approving?

The legal content and form of the voter-facing summary statement that would appear on the ballot. The AG checks that the summary fairly presents the substance of the petition in the format Chapter 116 requires.

Does the AG vouch for the policy merit of the petition?

No. The opinion explicitly disclaims any endorsement of the petition or its objectives.

Where does the AG's review fit in the broader process?

AG review of the petition's form and AG summary-statement review (under § 116.334) are early administrative steps. After the AG approves, the petition can circulate; signatures must then be collected by the constitutional deadline; the Secretary of State must verify them; and any pre-election court challenges may be filed.

Did any of Johnson's three parallel petitions reach the ballot?

The AG opinions get the petitions through their initial reviews. Whether any reached the ballot depended on signature collection and any pre-election litigation.

Background and statutory framework

Missouri's initiative process runs through Chapter 116. § 116.334 directs AG review of summary statements. The substantive subject is Mo. Const. art. III, with practical effect on election law in Title IX of the Revised Statutes. The companion summary statement opinions are at Op. Mo. Att'y Gen. 47-2019 and Op. Mo. Att'y Gen. 50-2019; the companion fiscal note opinion for 20-032 is at Op. 45-2019.

Citations

• § 116.334, RSMo (AG review of summary statement)
• Mo. Const. art. III (Legislative Department)
• Mo. Const. art. III, §§ 49 to 53 (initiative and referendum process)
• Initiative Petition 2020-025 (Johnson, Article III initiative-process reforms, earliest)
• Op. Mo. Att'y Gen. 45-2019 (Johnson 20-032 fiscal note summary approval)
• Op. Mo. Att'y Gen. 47-2019 (Johnson 2020-030 summary statement approval)
• Op. Mo. Att'y Gen. 50-2019 (Johnson 2020-032 summary statement approval)

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/42-2019.pdf?sfvrsn=2

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ERIC SCHMITT
JEFFERSON CITY
P.O. Box 899
ATTORNEY GENERAL
65102
(573) 751-3321

February 7, 2019

OPINION LETTER NO. 42-2019

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 28, 2019, for our review under § 116.334, RSMo, of a proposed summary statement prepared for the petition submitted by Damien Johnson regarding a proposed constitutional amendment to amend Article III of the Missouri Constitution (2020-025). The proposed summary statement is as follows:

Do you want to amend the Missouri Constitution to:

• prohibit any changes to election laws without voter approval;
• prohibit a filing fee for proposed initiative petitions;
• prohibit requiring an initiative petition circular (signature gatherer) from being a Missouri resident or a registered voter;
• allow signature gatherers to be paid per signature, by the hour or any way agreed to; and
• require the secretary of state's office to establish and operate a web-based application that allows people to sign initiative petitions electronically?

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-2019-0032