Did Missouri approve the ballot wording for a proposed county tobacco tax amendment?

Plain-English summary

Missouri Attorney General Andrew Bailey approved the legal content and form of the proposed summary statement for Deirdre Hirner's initiative petition 2026-004. The statement described a constitutional amendment that would let county voters set and control county taxes on cigarettes or tobacco products, whether the tax reached the ballot through the county governing body or through an initiative petition. It also described using the county tobacco tax proceeds solely for education, health and mental health, crime prevention, job creation, veterans' services, or other local use specifically approved by voters.

The attorney general reviewed the statement under § 116.334, RSMo, which asks only whether the summary's legal content and form are sound. The approval did not endorse the petition itself.

What this means for you

County officials and voters

The reviewed statement described giving county voters the power to impose and control a local tax on cigarettes and tobacco, with the revenue confined to the listed local purposes. This review concerned the ballot wording, not whether the amendment is good policy or will pass.

Tobacco retailers

If this measure had reached the ballot and passed, individual counties could set their own cigarette and tobacco taxes. The opinion itself decides nothing about any tax rate; it approves only the summary that voters would read.

Missouri voters and researchers

Opinion 7-2025 records approval of the summary statement for petition 2026-004. The attorney general expressly did not endorse the petition or its objectives.

Common questions

Q: What would the proposed amendment do?
A: It would let county voters set and control county taxes on cigarettes or tobacco products, submitted either by the county governing body or by initiative petition.

Q: How could the tax money be used?
A: Solely for education, health and mental health, crime prevention, job creation, veterans' services, or other local use specifically approved by voters.

Q: Did the attorney general endorse the tax?
A: No. The opinion approved the summary statement's legal content and form and expressly disclaimed any endorsement.

Background and statutory framework

The Missouri Secretary of State requested review on December 30, 2024. Under § 116.334, RSMo, the attorney general reviews a proposed summary statement for its legal content and form before the petition circulates. The attorney general approved the statement on January 9, 2025.

The proposal was identified as Deirdre Hirner's petition 2026-004.

Citations and references

Statute: § 116.334, RSMo.

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/7-2025.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ANDREW BAILEY

January 9, 2025

OPINION LETTER NO. 7-2025

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 30, 2024, for our review under § 116.334, RSMo of a proposed summary statement prepared for the petition submitted by Deirdre Hirner, 2026-004. The proposed summary statement is as follows:

Do you want to amend the Missouri Constitution to:
• allow county voters to set and control county taxes on cigarettes or tobacco products, whether submitted to county voters by the county governing body or by initiative petition; and
• use the county tobacco tax proceeds solely for education, health and mental health, crime prevention, job creation, veterans' services, or other local use specifically approved by voters?

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,

ANDREW BAILEY
Attorney General

OP-2025-007

Supreme Court Building
207 W. High Street
P.O. Box 899
Jefferson City, MO 65102
Phone: (573) 751-3321
Fax: (573) 751-0774
www.ago.mo.gov