Section 30 Ballot Proposition

• Library: Tax Law 2009

A difficult practical question facing local governments under the Hancock Amendment is the degree of specificity required in the ballot proposal submitted to the voters. Generally, a ballot proposition must fairly apprise voters of the question on which they are voting. The Supreme Court of Missouri’s decision in Roberts v. McNary, 636 S.W.2d 332 (Mo. banc 1982), requiring pre-Hancock authorization to be specific in amount to be effective, suggests that the Court might require that ballot questions specifically set forth both the nature and the amount of the fee increase. This conclusion is supported by the decision of the Missouri court of appeals in Browning-Ferris Industries of Kansas City, Inc. v. Dance, 671 S.W.2d 801 (Mo. App. W.D. 1984). In that case, the court interpreted a voter-approved Hancock ballot proposal authorizing a county to charge landfill operators a fee for “[a]ll reasonable, actual and necessary costs of inspection, including analysis of samples.” Id. at 806. The court determined that this ballot proposal did not provide the county with blanket...