Court dismisses lawsuit challenging gas tax ballot measure

A Cole County circuit judge on Tuesday dismissed a lawsuit challenging a state gas tax increase set to appear on the November ballot.

Circuit Judge Robert Schollmeyer in his 14-page ruling said the measure does not violate the Missouri Constitution’s original purpose, single subject and clear title requirements. State Rep. Mike Moon, R-Ash Grove, and lobbyist Ron Calzone filed the lawsuit to overturn the measure in July.

Missouri lawmakers voted in May to put the measure, which would increase the state’s gas tax by 10 cents over four years, on the November ballot. The tax revenue would go to the Missouri State Highway Patrol, freeing up money for road and bridge construction. Language was added before a final vote on the bill that would create a tax break for Olympic medalists, prompting the lawsuit.

“SaferMO.com appreciates the court’s clear decision dismissing this baseless attempt to keep Missouri voters from having a say on Proposition D,” Scott Charton, spokesman for the group promoting the measure, wrote in an emailed statement. “Our statewide coalition is growing and moving full speed.”