Elections: Initiative Petitions-Approval of Fiscal Notes and Summaries

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The attorney general appealed the judgment making permanent a writ ordering the attorney general to approve fiscal notes and summaries the state auditor had submitted for 11 initiative petitions. The attorney general had concluded that the legal content of the notes and summaries were deficient. The auditor resubmitted the notes and summaries without revision, contending the attorney general had exceeded his review authority.

Where the auditor had the express authority to assess the fiscal impact of a proposed initiative petition and the attorney general’s objection to the fiscal notes and summaries did not pertain to the statutory legal requirements, the attorney general failed to fulfill his ministerial duty and thus a writ of mandamus was appropriate relief.

Judgment is affirmed.

State ex rel. Fitz-James v. Bailey (MLW No. 80227/Case No. SC100132 – 20 pages) (Supreme Court of Missouri, Wilson, J.) Appealed from circuit court, Cole County, Beetem, J. (Jason K. Lewis and Samuel C. Freedlund, St. Louis, for appellant) (Anthony E. Rothert, Tori Schafer, and Jonathan Schmid, St. Louis, and LeslieAnn Korte and Robert C. Tillman, Jefferson City, for respondents)