Lawsuit “Continues” After Judge Denies Emergency Effort to Block Graduated Income Tax

Phyllis Barklow, of suburban Park Ridge, is featured in an anti-graduated income tax commercial claiming politicians will begin taxing retirement income if the referendum is adopted. (SOURCE: screenshot/YouTube)

Phyllis Barklow, of suburban Park Ridge, is featured in an anti-graduated income tax commercial claiming politicians will begin taxing retirement income if the referendum is adopted. (SOURCE: screenshot/YouTube)

After a Cook County Judge denied a motion from the Libertarian-leaning Illinois Policy Institute Friday to block the graduated tax constitutional amendment, a spokesman says the effort “continues to its next legal phase.”

IPI filed suit against Secretary of State Jesse White and members of the Illinois State Board of Elections and asked a judge to force the state to send “corrective notices” about the intent of the tax change, or to declare the amendment “void.”

Austin Berg, IPI Vice President for Marketing, says even though the case was not granted emergency relief, the lawsuit continues.

“The lawsuit to address the misleading ballot language surrounding the progressive tax was not dismissed, and it continues to work its way through court procedures,” he says.

Quentin Fulks, Chairman of the Vote Yes for Fairness committee, which supports the graduated income tax referendum and has been propped up by around $55 million from Governor JB Pritzker, called the lawsuit “desperate and frivolous.”

“Today, our legal system agreed with what we already knew to be true – the Illinois Policy Institute’s frivolous lawsuit was nothing more than a desperate and egregious stunt to try to mislead voters and trick them into thinking the Fair Tax has anything to do with retirement income,” said Fulks. “As the court has made clear today, the Fair Tax does not tax retirement income, and will not make it any easier to do so.”

The Illinoize reported Friday that neither side was being completely honest in claims about taxing retirement income.  

But, it appears a court may need to settle the issue as voters are making their choice.

“Opponents of the Fair Tax know that they have no excuse for why they’re against a tax cut for 97% of Illinoisans, and that’s why they’re resorting to desperate attacks in this campaign,” said Fulks. “We hope this ruling today settles this issue once and for all, and that opponents will stop with this outright lie.”

Berg says they believe votes have been misinformed and will continue the case.

“We are committed to prosecuting our claims in court and will continue to fight for Illinois voters’ right to fair and accurate information on the ballot and in state-issued pamphlets,” he says. “We look forward to our next opportunity to argue on behalf of voters and retirees."

Berg says they will ask a judge for a further hearing in the next few days.

NewsPatrick Pfingsten