Topics:

INITIATIVE PETITION
INITIATIVES

Summary conclusion

Review and rejection of the sufficiency as to form of an initiative petition (version 3e) submitted by Ron Calzone for a proposed amendment to Article I, Sections 26, 27, and 28 of the Missouri Constitution relating to eminent domain.

December 24, 2008

The Honorable Robin Carnahan
Missouri Secretary of State
James C. Kirkpatrick State Information Center
600 West Main Street
Jefferson City, MO 65102

Dear Secretary Carnahan:

This opinion letter responds to your request dated December 17, 2008, for our review under Section 116.332, RSMo, of the sufficiency as to form of an initiative petition submitted by Ron Calzone, regarding a proposed constitutional amendment related to Article I (proponent’s version 3e).

We conclude that the petition should be rejected for the following reason:

• The petition includes a separate section labeled “Petition footnote,” an introduction, and text from a constitutional article other than Article I. The material is not explicitly authorized by law, and could cause confusion.

Because of our rejection of the form of the petition for the reason stated above, we have not reviewed the petition to determine if additional deficiencies exist. Pursuant to Section 116.332.3, 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,

KAREN KING MITCHELL
Deputy Attorney General [Footnote 1]

Very truly yours,

JEREMIAH W. (JAY) NIXON
Attorney General