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Attorney General's Opinion Letter 125-2003

Topics:

Initiative petition.
Initiative.

Summary conclusion

Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition to amend Article III of the Missouri Constitution by adding a new section relating to gambling on floating facilities on the White River in Rockaway Beach, Missouri.

Contents of letter

June 20, 2003

Honorable Matt Blunt
Secretary of State
State Capitol Building
201 West Capitol Avenue
Jefferson City, MO 65101

Dear Secretary Blunt:

 This opinion letter is in response to your request for our review under Section 116.332, RSMo, of the sufficiency as to form of an initiative petition to amend Article III of the Missouri Constitution by adding a new section relating to gambling on floating facilities on the White River in Rockaway Beach, Missouri.

 We approve the petition as to form. However, since the Secretary of State has been given final approval or rejection authority under Section 116.332, our approval of the form of the petition does not preclude you from rejecting the petition.

 We note that the cover letter references an initiative petition to amend the statutes when the petition is to amend the Missouri Constitution. The initiative petition accurately identifies the proposal as one to amend the Constitution.

 Inasmuch as our review 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, since our review is mandated by statute, no action we take with respect to such review should be construed as an endorsement of the petition or as the expression of any view respecting the adequacy or inadequacy of the petition generally or of the objectives of its proponents.

Very truly yours,
Jay Nixon's signature
JEREMIAH W. (JAY) NIXON
Attorney General

 
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