Appeals court rewrites Missouri income tax ballot language

COLUMBIA, Mo. (KMIZ)

The Missouri Western District Court of Appeals on Friday rewrote the language of a ballot measure that seeks to eliminate Missouri's income tax and expand sales taxes.

The court heard the case after a Cole County judge ruled against a challenge to the ballot measure on Monday.

The appeals court on Friday rejected a request to take the measure off the ballot, but stated in its order that the language needed work to be "fair and sufficient." The court stated in the decision that its rewrite cleared up that a "no" vote would still allow for future changes to the tax system.

The court also changed the ballot summary to note that the amendment would require local tax rate cuts without reducing school funding if sales tax revenue increases.

Amendment 5 would allow the state to phase out the current income tax, while increasing sales taxes to make up for the loss, and was a major priority of the Republican majority in Jefferson City in the last legislative session. Gov. Mike Kehoe decided last week to put the measure on the August primary election ballot. Other ballot issues were certified last week.

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. A Cole County judge ruled against Owens on Monday, prompting the appeal.

Look for updates to this developing story.