Mo. Rev. Stat. » Chapter 116
Missouri Revised Statutes

Mo. Rev. Stat. § 116.332 (2026)

Petitions for constitutional amendments, statutory initiative or referendum, requirements, procedure

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  116.332.  Petitions for constitutional amendments, statutory initiative or referendum, requirements, procedure. — 1.  Before a constitutional amendment petition, a statutory initiative petition, or a referendum petition may be circulated for signatures, a sample sheet must be submitted to the secretary of state in the form in which it will be circulated.  When a person submits a sample sheet of a petition he or she shall designate to the secretary of state the name and address of the person to whom any notices shall be sent pursuant to sections 116.140 and 116.180 and, if a committee or person, except the individual submitting the sample sheet, is funding any portion of the drafting or submitting of the sample sheet, the person submitting the sample sheet shall submit a copy of the filed statement of committee organization required under subsection 5 of section 130.021 showing the date the statement was filed.  The secretary of state shall refer a copy of the petition sheet to the attorney general for his approval and to the state auditor for purposes of preparing a fiscal note and fiscal note summary.  The secretary of state and attorney general must each review the petition for sufficiency as to form and approve or reject the form of the petition, stating the reasons for rejection, if any.

  2.  Within two business days of receipt of any such sample sheet, the office of the secretary of state shall conspicuously post on its website the text of the proposed measure, a disclaimer stating that such text may not constitute the full and correct text as required under section 116.050, and the name of the person or organization submitting the sample sheet.  The secretary of state's failure to comply with such posting shall be considered a violation of chapter 610 and subject to the penalties provided under subsection 3 of section 610.027.  The posting shall be removed within three days of either the withdrawal of the petition under section 116.115 or the rejection for any reason of the petition.

  3.  Upon receipt of a petition from the office of the secretary of state, the attorney general shall examine the petition as to form.  If the petition is rejected as to form, the attorney general shall forward his or her comments to the secretary of state within ten days after receipt of the petition by the attorney general.  If the petition is approved as to form, the attorney general shall forward his or her approval as to form to the secretary of state within ten days after receipt of the petition by the attorney general.

  4.  The secretary of state shall review the comments and statements of the attorney general as to form and make a final decision as to the approval or rejection of the form of the petition.  The secretary of state shall send written notice to the person who submitted the petition sheet of the approval within fifteen days after submission of the petition sheet.  The secretary of state shall send written notice if the petition has been rejected, together with reasons for rejection, within fifteen days after submission of the petition sheet.

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(L. 1985 H.B. 543 § 1, A.L. 1997 S.B. 132, A.L. 2013 H.B. 117)

Effective 11-04-14

(1991) That part of this section which limits submission to secretary of state of sample petitions to one year prior to the final date for filing signed petitions shortens time authorized by constitution, art. XII, sec. 2(b), during which constitutional amendment petitions may be circulated for signatures and is invalid. State of Mo., ex rel.  Upchurch v. Blunt, 810 S.W.2d 515 (Mo. banc).

Notes of Decisions
Cited in 31 cases (4 in the last 5 years), 1990–2025 · leading case: Am. Civil Liberties Union of Missouri & Sara E. Baker v. John R. Ashcroft, 577 S.W.3d 881 (Mo. Ct. App. 2019).
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Am. Civil Liberties Union of Missouri & Sara E. Baker v. John R. Ashcroft, 577 S.W.3d 881 (Mo. Ct. App. 2019). · cites it 68× “The submission of a sample sheet is required by section 116.332, and is the first step required to exercise the referendum power reserved in the people by Article III, section 49 of the Missouri Constitution.”
Missourians to Protect the Initiative Process v. Blunt, 799 S.W.2d 824 (Mo. 1990). · cites it 2× “His certificate could issue "only for a petition approved pursuant to § 116.332." See § 116.150.2. *835 The recurring theme is examination and approval of the form of the petition, coupled with a meticulous investigation of signatures to ensure that the number of voter…”
Cures Without Cloning v. Pund, 259 S.W.3d 76 (Mo. Ct. App. 2008). · cites it 2× “§§ 116.332, 116.334. The summary "shall be in the form of a question using language neither intentionally argumentative nor likely to create prejudice either for or against the proposed measure.”
Hancock v. Sec'y of State, 885 S.W.2d 42 (Mo. Ct. App. 1994). · cites it 3× “Pursuant to section 116.332, RSMo 1986, language for a proposed initiative constitutional amendment (Hancock II) was submitted to the Secretary of State for sufficiency as to form.”
Missourians Against Human Cloning v. Carnahan, 190 S.W.3d 451 (Mo. Ct. App. 2006). “[3] After initiative proponents submit a proposed petition and the Secretary of State and Attorney General approve it as to form, § 116.332, the Secretary of State prepares a summary statement of the initiative not to exceed 100 words, § 116.”
State of Missouri, Ex Rel., Jeffrey K. Basinger v. John R. Ashcroft in his Off. capacity as Missouri Sec'y of State, No. WD85857 (Mo. Ct. App. Aug. 29, 2023). · cites it 10× “Basinger argues on appeal that the trial court erred in dismissing his petition because the trial court misapplied the law in finding that Basinger had no clear right pursuant to Section 116.332 for his sample initiative petition to be processed prior to the November 2022…”
State of Missouri ex rel. Dr. Anna Fitz-James v. Andrew Bailey, In His Off. Capacity, & Scott Fitzpatrick, 670 S.W.3d 1 (Mo. 2023). · cites it 4× “Background In March 2023, pursuant to the statutory requirements of section 116.332, Fitz-James submitted 11 proposed initiative petitions to the Secretary, who assigned to these proposed petitions the following initiative numbers: 2024-077, 2024-078, 2024- 079, 2024-80,…”
Raymond McCarty v. Missouri Sec'y of State, No. SC100876 (Mo. Apr. 29, 2025). · cites it 2× “2024-038 (“Proposition A”) to the secretary of state pursuant to section 116.332, which sets out the procedures for filing initiative petitions.”
Hannah Sue Kelly, Kathleen Anne Forck, & Mary Elizabeth Anne Coleman v. Scott Fitzpatrick, Missouri State Auditor, John R. Ashcroft, Missouri Sec'y of State, & Anna Fitz-James, 677 S.W.3d 622 (Mo. Ct. App. 2023). · cites it 2× “Fitz-James’ petitions: The Secretary [of State] posted the text of the initiatives on his website, as he was required to do by section 116.332,[1] and sent a 1 Statutory citations refer to the 2016 edition of the Revised Statutes of Missouri, updated by the 2023 Cumulative…”
Opinion No. (2006) (Mo. Att'y Gen. 2006). · cites it 2× “But Section 116.332 gives the Secretary of State final authority to approve or reject the petition.”
Opinion No. (2005) (Mo. Att'y Gen. 2005). · cites it 2× “But Section 116.332 gives the Secretary of State final authority to approve or reject the petition.”
Opinion No. (2005) (Mo. Att'y Gen. 2005). · cites it 2× “But Section 116.332 gives the Secretary of State final authority to approve or reject the petition.”
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