Missouri ballot issue to end income tax is lawful, judge says, in win for GOP
AI-generated summary reviewed by our newsroom.
- A Missouri judge upheld ballot language for a plan to replace the state income tax.
- Judge Christopher Limbaugh rejected a lawsuit seeking to block or rewrite Amendment 5.
- Attorneys immediately filed an appeal of Limbaugh’s decision.
A Missouri judge on Monday upheld the ballot language of a Republican plan to replace the state’s income tax with expanded sales taxes in a key win for Republican lawmakers.
Cole County Circuit Court Judge Christopher Limbaugh ruled against a lawsuit brought by Kansas City resident Jill Owens. The suit sought to block the measure from the Aug. 4 ballot or, failing that, rewrite the ballot question, which Owens alleged is misleading.
Owens, a Kansas City resident, sued Secretary of State Denny Hoskins and top legislative leaders to prevent the ballot measure from consideration in August. The elimination of the state income tax is a top priority for Republican Gov. Mike Kehoe, and the proposed amendment was passed by the General Assembly in April.
Owens claimed the proposal illegally bundles unrelated subjects and could alter multiple constitutional articles under the guise of a single tax-reform measure. Limbaugh wrote that he wasn’t convinced.
In his ruling, Limbaugh wrote that the amendment’s “central purpose is unmistakable and readily identifiable: the elimination of the state individual income tax through a coordinated restructuring of state and local taxation.”
Amendment 5, which is slated to go to voters in Missouri’s Aug. 4 primary election, gives future lawmakers broad authority to increase sales taxes and levy taxes on currently untaxed services. The excess money the state raises will be used to chip away at the state income tax.
Chuck Hatfield, a lawyer representing Owens, filed a notice of appeal to the Missouri Court of Appeals-Western District shortly after the decision was announced.
“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,” Chuck Hatfield, the attorney representing Owens, said in a statement.
Owens also challenged the ballot title and summary as deceptive. The ballot summary statement reads:
“Shall the Missouri Constitution be amended to:
- Phase out the individual income tax based on revenue growth;
- Reduce personal property and other local taxes when local revenues increase;
- Modify the sales and use tax to eliminate income tax and reduce local taxes;
- and Protect local funding for public schools and other purposes?”
Limbaugh again wrote that he wasn’t convinced, writing that the summary and title are “sufficient and fair, and further that it is true and impartial.”
Champions of repealing the income tax celebrated the decision.
“Liberal activists brought this lawsuit to block Missourians from voting on whether to eliminate the state income tax. Judge Limbaugh rightly rejected that challenge,” Missouri Attorney General Catherine Hanaway said in a statement. “We are proud to continue fighting for the right of voters to decide the future of tax policy in our state.”
The appeal will need to be worked through the courts quickly. The deadline for courts to order changes to primary ballots is June 9.
