Why did Missouri reject Garret Schmidt's Chapter 128 initiative petition 2026-068?

Plain-English summary

Missouri Attorney General Andrew Bailey rejected Garret Schmidt's Chapter 128 initiative petition 2026-068 as to form. The signature sheet did not identify the petition as either a proposed change to the Missouri Revised Statutes or an amendment to the Missouri Constitution, as required by Section 116.040. The petition also failed to place all new matter in sequentially numbered divisions.

The attorney general did not review the petition for additional deficiencies after identifying those defects. Under § 116.332.4, RSMo, the secretary of state retained authority to make the final decision on approval or rejection of the petition's form.

What this means for you

Initiative petition proponents

Petition 2026-068 failed the attorney general's form review for two stated drafting defects. The opinion did not determine whether other deficiencies existed.

Missouri election officials

The opinion identified the signature-sheet and sequential-numbering defects and stated that § 116.332.4, RSMo authorized the secretary of state to make the final form decision.

Election lawyers and ballot-measure researchers

Opinion 91-2025 records a rejection under § 116.332, RSMo and Section 116.040 based on how the petition identified itself and organized new matter.

Common questions

Q: What was wrong with the signature sheet?
A: It did not correctly identify whether the petition proposed a statutory change or a constitutional amendment.

Q: What was the second drafting defect?
A: The petition failed to put all new matter into sequentially numbered divisions.

Q: Did the attorney general identify every possible defect?
A: No. The opinion said the petition was not reviewed for additional deficiencies after the stated defects required rejection.

Background and statutory framework

The Missouri Secretary of State requested review on June 9, 2025. The petition was identified as Garret Schmidt's Chapter 128 proposal, 2026-068.

The attorney general reviewed the petition under § 116.332, RSMo and rejected it on June 16, 2025. Section 116.040 supplied the stated signature-sheet requirement.

Citations and references

Statutes: § 116.332, RSMo; Section 116.040; § 116.332.4, RSMo.

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/91-2025.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ANDREW BAILEY

June 16, 2025

OPINION LETTER NO. 91-2025

The Honorable Denny Hoskins
Missouri Secretary of State
James C. Kirkpatrick State Information Center
600 West Main Street
Jefferson City, MO 65101

Dear Secretary Hoskins:

This opinion letter responds to your request dated June 9, 2025, for our review under § 116.332, RSMo of the sufficiency as to form of an initiative petition submitted by Garret Schmidt, Chapter 128, 2026-068.

We conclude that the petition must be rejected for at least the following reasons:

failure to correctly identify the petition on the signature sheet as either a proposed change to the Missouri Revised Statutes or an amendment to the Missouri Constitution as required by Section 116.040, and

failure to place all new matter in sequentially numbered divisions.

Because of our rejection of the form of the petition for the reasons stated above, we have not reviewed the petition to determine whether additional deficiencies exist. Pursuant to § 116.332.4, RSMo, the Secretary of State is authorized to review this opinion and “make a final decision as to the approval or rejection of the form of the petition.”

Very truly yours,

ANDREW BAILEY
Attorney General

OP-2025-102

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