Cole County Circuit Court Judge Christopher Limbaugh has rejected a lawsuit challenging Amendment 5 – a plan to get rid of Missouri’s income tax.
A retired teacher named Jill Owens filed the lawsuit against Secretary of State Denny Hoskins, contending the proposed ballot measure is unconstitutional because she says it has more than one subject.
Gov. Mike Kehoe wants to ask Missouri voters in August to gradually eliminate the state income tax over five years. The Republican-controlled state legislature passed his proposal this year that could swap the lost tax revenue with a change in sales taxes as well as a variety of goods and services. Missouri’s current income tax is 4.7%.
The court announced the decision Monday and an appeal was quickly filed.
“This decision will be appealed immediately because Amendment 5 is not only deceptive, it unconstitutionally covers too many subjects and should have no place on the ballot. Lawmakers failed to tell voters the truth about Amendment 5 – it would mean the largest expansion of sales taxes in Missouri history, while giving lawmakers a license to ignore current constitutional taxpayer protections, including the citizens’ right to vote on big tax increases,” Jefferson City attorney Chuck Hatfield said in a news release.
Court arguments on the appeal are expected this week.
Missouri Attorney General Catherine Hanaway’s Office represented Hoskins in court.
“Today’s ruling was a win for Missouri voters,” Hanaway said in a news release. “Liberal activists brought this lawsuit to block Missourians from voting on whether to eliminate the state income tax. Judge Limbaugh rightly rejected that challenge. We are proud to continue fighting for the right of voters to decide the future of tax policy in our state. Missourians will have their say this August.”
The clock is ticking to resolve the court battle. June 9 is the deadline to decide what stays and what goes on Missouri’s August 4 primary election.
To view Limbaugh’s judgement, click here.
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