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Petition - Rogers v. Carnahan (Fair Tax) Sept 2011

Petition - Rogers v. Carnahan (Fair Tax) Sept 2011

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Published by FiredUpMissouri

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Published by: FiredUpMissouri on Sep 23, 2011
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09/23/2011

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DB04/811456.0002_0001/5083750.2DD02
 
IN THE CIRCUIT COURT OF COLE COUNTY, MISSOURI
T. DAVID ROGERS, ))Plaintiff, ))vs. ) Case No.____________________)MISSOURI SECRETARY OF STATE )ROBIN CARNAHAN, )Serve: )Capitol Building, Room 208 )Jefferson City, MO 65101, ))and ))MISSOURI STATE AUDITOR )THOMAS A. SCHWEICH, )Serve: )Capitol Building, Room 121 )Jefferson City, MO 65101, ))Defendants. )
PETITION FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF
Plaintiff T. David Rogers, by and through his attorneys, hereby states and alleges for hispetition for declaratory judgment and injunctive relief:
PARTIES
1.
 
Plaintiff Rogers is a citizen and taxpayer of the state of Missouri and resident of Jackson County, Missouri.2.
 
Defendant Robin Carnahan is the duly elected and acting Secretary of State of thestate of Missouri and is named as a Defendant in her official capacity ("Defendant Carnahan")pursuant to § 116.190.2, RSMo.3.
 
Defendant Thomas A. Schweich is the duly elected and acting Auditor of the stateof Missouri and is named as a Defendant in his official capacity ("Defendant Schweich")pursuant to § 116.190.2, RSMo.
 
 
DB04/811456.0002_0001/5083750.2DD02
 
2
JURISDICTION AND VENUE
4.
 
Plaintiff brings this action pursuant to the Revised Statutes of Missouri Chapter116, Chapter 527, Chapter 536, and Missouri Rule of Civil Procedure 87.5.
 
Venue is proper in this Court pursuant to Section 116.190.1, RSMo.
ALLEGATIONS COMMON TO ALL COUNTS
6.
 
On or about August 12, 2011, Marc Ellinger submitted to Defendant Carnahansample sheets for two different versions of a constitutional initiative petition proposing to amendArticle X of the Missouri Constitution, identified as version 10 and version 11 by Mr. Ellinger.("Initiative Petition Sample Sheets" or "Version 10" and "Version 11"). A true and correct copyof the sample sheets, including the text of the proposals are attached hereto as Exhibits A-10 andA-11 and incorporated by reference.7.
 
On or about August 15, 2011, Defendant Carnahan transmitted copies of theInitiative Petition Sample Sheets to Defendant Schweich for the purpose of preparing fiscal notesand fiscal note summaries under Section 116.175, RSMo.8.
 
On or about September 13, 2011, Defendant Schweich transmitted Fiscal Note11-58 (corresponds to version 10) and Fiscal Note 11-59 (corresponds to version 11) with fiscalnote summaries in each note (“Fiscal Notes” and “Fiscal Note Summaries” respectively) toDefendant Carnahan. True and correct copies of the Fiscal Notes and Fiscal Note Summaries areattached hereto as Exhibit B-10 and B-11 and incorporated by reference.9.
 
On or about September 14, 2011, Defendant Carnahan certified the Official BallotTitles for Versions 10 and 11, identified as 2012-070 and 2012-071, respectively, comprised of the Summary Statements and the Fiscal Note Summaries. True and correct copies of theCertifications of Official Ballot Title 2012-070 and 2012-071 are attached hereto as Exhibits C-
 
 
DB04/811456.0002_0001/5083750.2DD02
 
310 and C-11 and incorporated by reference.10.
 
Plaintiff is challenging the Summary Statements, Fiscal Notes, and Fiscal NoteSummaries for Version 10 and Version 11 Initiative Petition Sample Sheets as further hereindescribed.
COUNT I – THE SUMMARY STATEMENTS ARE INSUFFICIENT AND UNFAIR
Plaintiff, for Count I of his cause of action against Defendant Carnahan, states as follows:11.
 
Plaintiff incorporates paragraphs 1 through 10 of this Petition as if fully set forthherein.12.
 
The Summary Statement for Version 10 (11-58, 2012-070) states:Shall the Missouri Constitution be amended to:
 
eliminate taxes paid by individuals based on income or earnings and sales and usetaxes, including taxes paid by corporations and individuals, with certainexceptions;
 
require the legislature to impose an expanded state sales tax on all sales andservices, and allow the legislature to increase taxes up to 5½% on purchases of food and 7% on other sales and services, with certain exceptions;
 
require that state and local cumulative sales tax rate not exceed 10%, with certainexceptions; and
 
provide for a real property tax credit for eligible homeowners?Ex. C-10.13.
 
The Summary Statement for Version 11 (11-59, 2012-071) states:Shall the Missouri Constitution be amended to:

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