Judges: JEREMIAH W. (JAY) NIXON, Attorney General
Filed Date: 11/19/1998
Status: Precedential
Modified Date: 7/5/2016
The Honorable Rebecca McDowell Cook Missouri Secretary of State State Capitol Building Jefferson City, MO 65101
Dear Secretary Cook:
This opinion letter is in response to your request for our review under Section
We conclude the petition must be rejected as to form for the following reasons:
1. Section
2. Section
3. The paragraph commencing "Any person elected by the vote of the people of the state . . . " is underlined and appears after the enacting clause, but there are no words indicating that the proposed amendment is the addition of this paragraph to the Missouri Constitution. Words, such as "by adding one new section to read as follows," are needed after the enacting clause and preceding the underlined paragraph to indicate the petition proposes the Constitution be amended by adding the underlined paragraph.
In addition to the reasons for rejection specified above, other concerns are apparent from our review of the petition.
1. The line on the petition providing for the date of the signature of the affiant states "Subscribed and sworn to before me this _____ day of _____, A.D. 2000." It appears possible that signatures might be gathered during 1999 such that the affiant may be signing in 1999 rather than in 2000 as printed on the petition.
2. The proposed amendment appears both at the top of the first page of the petition and on a separate second page. The sentence commencing "We, the undersigned, registered voters of the state . . . " refers to the proposed amendment as "following proposed amendment," but one location where the proposed amendment appears precedes rather than follows this sentence.
3. The petition refers to the election "held on the 7 the day of November, 2000." It appears the intent is to refer to the "7th" day rather than the "7 the" day.
Because of our rejection of the form of the petition for the reasons stated above, we have not reviewed the petition to determine if additional deficiencies exist.
Very truly yours,
JEREMIAH W. (JAY) NIXON Attorney General
Enclosure