Cole County judge rules for state in income tax ballot issue challenge

JEFFERSON CITY, Mo. (KMIZ)

A Cole County judge ruled Monday in favor of the state, rejecting claims that a ballot issue to eliminate Missouri's income tax violated the state constitution.

Circuit Judge Christopher Limbaugh ruled against the plaintiff, Jill Owens, on all four counts and declared the judgment final after Gov. Mike Kehoe decided last week to put the measure on the August primary election ballot. Other ballot issues were certified last week.

Limbaugh heard arguments Friday from lawyers for the plaintiff and the state, including top election official Secretary of State Denny Hoskins.

Owens, in a lawsuit filed after the General Assembly approved the ballot measure in April, claimed the ballot measure dealt with too many subjects and that the ballot language was improperly written. Limbaugh denied each claim.

"All other pending claims for relief, requests, and motions, are hereby denied," Limbaugh wrote in the 10-page decision.

Missouri Attorney General Catherine Hanaway, whose office represented Hoskins and the state, called the ruling a "win" for voters.

“Liberal activists brought this lawsuit to block Missourians from voting on whether to eliminate the state income tax," Hanaway said in a news release. "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 measure, if approved by voters in August, would phase out the state's income tax and allow for the expansion of sales tax.

Owens' lawyer Chuck Hatfield vowed to appeal.

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," Hatfield said in a statement sent to ABC 17 News. "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."