Did the Missouri AG approve the form of the Winston Apple initiative petition to amend Chapters 143 and 286 (2020-048)?

Plain-English summary

Attorney General Eric Schmitt approved the form of Winston Apple's initiative petition designated 2020-048, which proposed amendments to Chapter 143 (Income Tax) and Chapter 286 (Labor and Industrial Relations) of the Revised Statutes of Missouri. The petition is the statutory companion to Apple's broader 2019 initiative package, which separately included an Article III constitutional petition (2020-046) addressing legislative restructuring. The 20-048 petition pairs amendments to the tax code with amendments to the labor/retirement code, consistent with the AG-reviewed fiscal note on the same petition number (Op. 67-2019).

Approval is form-review only. § 116.332 of the Revised Statutes of Missouri limits the AG's review to whether the petition meets Chapter 116's structural and formatting requirements. The AG explicitly notes that approval as to form is not a determination of substantive sufficiency, and not an endorsement of the petition's objectives. § 116.332 leaves final form authority with the Secretary of State, who can still reject the petition.

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

What does Chapter 143 cover?

Chapter 143 of RSMo is Missouri's Income Tax chapter. It governs the individual and corporate income taxes, withholding, deductions, and credits.

What does Chapter 286 cover?

Chapter 286 covers Labor and Industrial Relations, including the Department of Labor's structure and the administration of certain retirement and labor-relations programs.

What is the broader Apple 2019 initiative effort?

A 2019 push to put structural-reform proposals on the 2020 Missouri ballot. The Article III constitutional petition (2020-046) tried to shrink the General Assembly and adopt party-list voting; the statutory petitions 2020-048 and 2020-049 (Op. 60-2019) amended tax and labor chapters in parallel. The AG approved most of the petitions as to form, though substantive ballot results lay in the future when these opinions issued.

Does form approval mean voters will see this on the ballot?

No. Form approval only clears the petition to circulate. Whether it reaches the ballot depends on signature collection, any legal challenges, and applicable deadlines.

Why does Missouri have a fiscal-note step in addition to form review?

Because Missouri law directs the State Auditor to estimate the fiscal impact of each initiative, and the AG reviews that fiscal note summary for legal content and form. The two reviews (substantive form by AG, fiscal description by Auditor and AG) together produce the ballot text voters see.

Background and statutory framework

Missouri's initiative-petition process is in Chapter 116. § 116.332 covers AG form review and reserves final form authority to the Secretary of State. The constitutional initiative process runs through Mo. Const. art. III, §§ 49 to 53. Apple's parallel petitions in this cycle included 2020-046 (Article III, addressed in Op. 66-2019 summary statement) and 2020-049 (a sibling statutory petition addressed in Op. 60-2019).

Citations

• § 116.332, RSMo (AG form review; Secretary of State final authority)
• Chapter 143, RSMo (Income Tax)
• Chapter 286, RSMo (Labor and Industrial Relations)
• Mo. Const. art. III, §§ 49 to 53 (initiative and referendum process)
• Initiative Petition 2020-048 (Apple, Chapters 143 and 286)
• Op. Mo. Att'y Gen. 60-2019 (parallel Apple petition 2020-049, Chapters 143 and 286)
• Op. Mo. Att'y Gen. 67-2019 (fiscal note approval for petition 20-048)

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/57-2019.pdf?sfvrsn=2

Original opinion text

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

March 18, 2019

OPINION LETTER NO. 57-2019

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 March 7, 2019, for our review under § 116.332, RSMo, of the sufficiency as to form of an initiative petition to amend Chapters 143 & 286, Revised Statutes of Missouri, submitted by Winston Apple (2020-048).

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-2019-0055