A Cole County judge is racing a hard deadline to decide whether a sweeping tax overhaul, known as Amendment 5, will stay on Missouri's Aug. 4 primary ballot. After lawyers wrapped up a bench trial Friday at the Cole County Courthouse in Jefferson City, Circuit Judge Christopher Limbaugh said he would rule Monday so there is time for appeals. Opponents argue the measure crams multiple constitutional changes into one proposal and that its ballot summary soft-pedals how far sales taxes could expand.
Court moves quickly toward ballot deadline
As reported by the St. Louis Business Journal, attorneys reminded Judge Limbaugh that courts are up against a June 9 deadline in state law to order any changes to the Aug. 4 ballot. Limbaugh said he plans to issue his ruling Monday, leaving a narrow window for potential appeals. With the calendar this tight, any decision is likely to move quickly to Missouri's highest court.
Opponents' challenge: single subject and a misleading summary
Plaintiff Jill Owens and attorney Chuck Hatfield told the court the resolution “embraces more than one subject” and that the 50-word ballot summary does not fully explain the scope of the constitutional changes, according to ABC17. Hatfield urged the judge to either strike the question from the ballot or rewrite the summary so voters know lawmakers would gain authority to tax services and raise rates without another statewide vote. The state responded that the measure lives in the taxation article of the constitution and argued that long-standing precedent allows related tax changes to be combined under a single article.
What's in Amendment 5
As drafted by lawmakers, the ballot summary asks whether to “phase-out the individual income tax based on revenue growth” and to “modify the sales and use tax to eliminate income tax,” wording critics say downplays how broadly sales-tax power could grow, according to the Missouri Independent. The Independent reported analysts saying Missouri would need roughly an 8.5-percentage-point increase in the general sales tax rate or about $300 billion in new taxable activity to replace current income tax revenue. Those estimates sit at the center of the political brawl over who would ultimately shoulder the cost if the amendment passes.
Campaign money and local stakes
Gov. Mike Kehoe moved the tax overhaul to the August primary, saying lawmakers would need extra time to prepare for implementation if voters sign off, according to KCUR. Supporters have organized under a PAC called Missouri Promise, and reporting by the St. Louis Business Journal notes a $1.9 million contribution from a Delaware nonprofit to that committee. Opponents from both the left and right, including the Missouri Association of Realtors and progressive groups, say they are ready to mount multimillion-dollar campaigns this summer.
Legal path ahead
The fight centers on Article XII's single-subject rule for constitutional amendments, which says a proposed amendment “shall not contain more than one amended and revised article ... or one new article which shall not contain more than one subject,” language published by the Missouri Secretary of State's office. If Limbaugh strikes the measure, supporters could appeal to the Missouri Supreme Court. If he keeps it on the ballot but orders a new summary, the wording voters see this summer could still change before ballots are finalized. Either way, his decision next week will determine whether Amendment 5 goes before voters in August or gets stalled by more litigation.
