Missouri Supreme Court Upholds Revised Ballot Summary for Amendment 5

The Supreme Court of Missouri refused on Monday to hear an appeal from proponents of Amendment 5, leaving in place a revised ballot summary for the August 4 primary election. The measure seeks to eliminate the state income tax by expanding sales and use taxes on currently exempt goods and services.

The revised language was originally ordered by the Missouri Western District Court of Appeals, which ruled that the initial summary failed to sufficiently inform voters about the expansion of the General Assembly's taxing authority and the removal of constitutional tax limits. The updated text explicitly links the phase-out of income tax to the expansion of the sales tax base and clarifies that a no vote will not prevent future legislative tax changes.

Governor Mike Kehoe and Attorney General Catherine Hanaway criticized the revised language as misleading and an attempt by activists to undermine the will of voters. The committee Missourians for Fair Taxation, funded by the Missouri Association of Realtors, had initiated the legal challenge to ensure voters understood the costs and benefits of granting new authority to the legislature. While the court upheld the overall constitutionality of the amendment, the final ruling ensures the detailed summary remains on the ballot as the state reaches its legal deadline for changes.