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Missouri court thrusts real estate amendment onto the 2010 ballot

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September 1, 2010


SPRINGFIELD, Missouri: The Missouri Real Estate Taxation Amendment will appear on the November 2, 2010 statewide ballot after all. The measure proposes prohibiting the tax of real estate sales or transfer of real estate.

On Tuesday, August 31, Cole County Circuit Judge Paul Wilson ruled that the measure did qualify for the ballot and should appear before state voters. The court's decision overruled the August 3 decision by the Missouri Secretary of State to disqualify the measure on the basis of insufficient signatures.[1]

According to the court ruling, Wilson said that ignoring the submitted signatures was an infringement of the constitutional rights of those that signed the petitions. Additionally, the judge said that the technical errors that resulted in the disqualification of several signatures was not beyond the control of the voters and not enough for the court to invalidate the signatures. Following the court's ruling Missouri Secretary of State Robin Carnahan said her office plans to file an appeal.[2]

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