Missouri’s Western District Court of Appeals has thrown out a lawsuit that aimed to keep a proposed increase to the state’s gas tax off the November ballot, the Associated Press reports.
Judge Victor Howard ruled that the lawsuit, which challenges the constitutionality of the measure, is premature and must wait until the proposal goes before voters.
The ballot measure proposes an increase of 10 cents per gallon to Missouri’s fuel tax, which is currently one of the lowest in the nation. Proceeds from the tax would pay for state infrastructure repairs and help fund the Missouri Highway Patrol.
Rep. Mike Moon, R-Ash Grove, and Missouri First Director Ron Calzone filed the suit in early July. Calzone said they planned to appeal.