Supreme Court upholds tobacco tax initiative

By James Patrick Schmidt

Published Oct. 13, 2006

On Wednesday, the Missouri Supreme Court unanimously ruled to uphold the placement of the tobacco tax initiative on the Nov. 7 ballot.

The attorneys arguing against the initiative said that many of the signatures were invalid because the address they signed on the petition is different than the address they are listed at on the voter roll. Also, it was argued that some of the signature collectors had not submitted all necessary paperwork.

The Supreme Court ruled that the discrepancies did not disqualify the signatures.

"Statues implementing the constitutionally created initiative process should not restrict or limit the electorate's power," the court's opinion states. "Although the implementing statutes are required to be followed, failure to adhere to mere technical formalities should not deny the people the power to propose changes to our laws or amendments to our constitution. Substantial compliance with the implementing statues is all that is required."

Also, the court decided that the tobacco tax does not create an unfunded mandate, like those opposing the initiative claimed. The court found that the monies distributed by the initiative are provided for by the initiative.

"From a political perspective and a campaign perspective, the decision doesn't change anything," said Patrick Cacchione of Missourians Against Tax Abuse.

MATA and other organizations opposed to the tax increase have been campaigning against the initiative using television and radio ads, letters to the editors, speaking at chambers of commerce and putting out yard signs.

"We were planning to run a full campaign to educate the voters on Amendment 3," Cacchione said. "We were surprised when Secretary of State Robin Carnahan took it off the ballot, and we are focusing on educating the voters, and we always have been."

Jim Blaine, a spokesman for the American Lung Association, said his organization is also working to educate voters.

"We were working hard," Blaine said. "We didn't lose a single step. We were certain that this was going to happen. We knew that the signatures were there."

Blaine said the American Lung Association is pleased not only with the Supreme Court's decision that there were enough signatures, but also with the decision that the initiative does not create an unfunded mandate.

"The fiscal note from the state auditor agreed with us, the director of social Services, who will be responsible for distributing the funds, agreed with us, a Cole County judge agreed with us, and now the Missouri Supreme Court agreed with us," Blaine said.

With this confidence, the American Lung Association has been making efforts to get its message into the community.

"We've been talking to all kind of civic groups such as Kiwanis Clubs and putting up yard signs," Blaine said.