MO Opinion No. 9-2019 January 7, 2019

Did Missouri's AG approve the form of Gerald Peterson's initiative petition to amend Chapter 208 of the Revised Statutes of Missouri (Petition 2020-027)?

Short answer: Yes. The AG approved the petition's form under § 116.332, RSMo. The approval does not speak to substance and does not preclude the Secretary of State from rejecting the petition.

Apply this to your situation

This page answers the general question as of 2019. Ezel answers yours: what it means for your facts, under current Missouri law, with citations.

Disclaimer: This is an official Missouri Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed Missouri attorney for advice on your specific situation.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.

View original AG opinion (PDF)

Plain-English summary

Under § 116.332, RSMo, the Missouri Attorney General reviews initiative petitions for sufficiency as to form at the request of the Secretary of State. The review is structural, not substantive.

For Petition 2020-027, submitted by Gerald Peterson to amend Chapter 208 of the Revised Statutes of Missouri, the AG approved the form. The two standard reservations attach:

Final authority is the Secretary's. The AG's approval does not preclude the Secretary of State from rejecting the petition.
Form approval is not substance approval. The AG takes no position on whether the proposed amendment is constitutional, lawful, or sound policy.

Chapter 208 of the Revised Statutes of Missouri governs old age assistance, aid to families with dependent children, MO HealthNet (Medicaid), and other public assistance programs. The opinion does not describe the specific change Peterson proposed.

See companion opinion 8-2019, issued the same day, approving Peterson's parallel petition (2020-026) to amend Chapter 147 (corporation franchise tax).

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. Whether Petition 2020-027 was actually circulated and qualified for the ballot is a separate question that the Missouri Secretary of State's records would show.

Common questions

What is Chapter 208, RSMo?

Missouri's statutory chapter on public assistance programs. It covers MO HealthNet (Missouri Medicaid), Temporary Assistance for Needy Families, child care subsidies, and related programs.

What did Peterson's petition propose to change?

The opinion does not say. It addresses only whether the petition's form is sufficient. The substance is in the petition filed with the Missouri Secretary of State.

What does the AG's approval mean?

That the petition is properly formatted under Chapter 116, RSMo. Nothing more. The AG is not endorsing the policy or vouching for its constitutionality.

Where can I see the proposed text?

In the petition filed with the Missouri Secretary of State's office.

Background and statutory framework

The statute the AG cites in this letter is § 116.332, RSMo, which makes the AG's review of a petition's form advisory to the Secretary of State and reserves the final decision to the Secretary. The broader initiative process sits in other sections of Chapter 116, but this letter addresses only the form question under § 116.332.

Form review is the first procedural step. Approval is necessary, not sufficient, for the petition to circulate.

Source

Landing page: https://ago.mo.gov/other-resources/ag-opinions/
Original PDF: https://ago.mo.gov/wp-content/uploads/attachments/9-2019.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 7, 2019

OPINION LETTER NO. 9-2019

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 December 27, 2018, for our review under § 116.332, RSMo, of the sufficiency as to form of an initiative petition to amend Chapter 208, Revised Statutes of Missouri, submitted by Gerald Peterson, (2020-027).

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_2018_0133

Get today's answer for your situation

You just read a 2019 opinion on this question. Ezel checks the current Missouri statutes and case law and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the law it relies on.