A Cole County judge rejected an effort to strike Gov. Mike Kehoe's tax plan from the August 2026 primary ballot.
Missourians are slated to decide the fate of Amendment 5, which, if approved by voters on Aug. 4, would allow the legislature to expand sales and use taxes as a means to eliminate the income tax.
Soon after the legislature sent the measure to the ballot, opponents of the tax plan sued — contending that the proposed amendment changed multiple parts of the constitution and addressed more than one subject. It also called the ballot summary misleading.
But Cole County Judge Christopher Limbaugh rejected all of the plaintiffs' arguments on Monday — effectively letting the proposal remain on the ballot.
"[The tax plan's] central purpose is unmistakable and readily identifiable: the elimination of the state individual income tax through a coordinated restructuring of state and local taxation," Limbaugh wrote.
Limbaugh also wrote he found the ballot summary "to be sufficient and fair."
Chuck Hatfield, the attorney for the plaintiff, said he's appealing the case immediately to the Missouri Court of Appeals.
"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," Hatfield said in a statement.
Attorney General Catherine Hanaway praised Limbaugh's decision, calling it "a win for Missouri voters."
"We are proud to continue fighting for the right of voters to decide the future of tax policy in our state," Hanaway said. "Missourians will have their say this August."
Kehoe moved Amendment 5 to the August primary ballot, along with three other proposed constitutional amendments. Appeals over Amendment 5 are expected to be complete before June 9.
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