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A4   U.S. NEWS
                 Wednesday 8 august 2018


















            Tobacco-funded group sues over Montana citizen tax measure



            By MATT VOLZ                                                                                                        tax increase also would go
            Associated Press                                                                                                    to the state's treasury under
            HELENA,  Mont.  (AP)  —  A                                                                                          the  existing  formula  for  al-
            tobacco     industry-funded                                                                                         locating  tobacco  taxes,
            group wants to change the                                                                                           but that is not mentioned in
            wording of a citizen's ballot                                                                                       the ballot language. Mon-
            initiative  that  would  signifi-                                                                                   tanans  Against  Tax  Hikes
            cantly  raise  Montana's  to-                                                                                       is asking the state court to
            bacco taxes, a legal chal-                                                                                          change the wording to let
            lenge  that  is  part  of  the                                                                                      voters know that a portion
            group's expensive effort to                                                                                         of  the  revenue  will  go  to
            defeat  the  measure  when                                                                                          the state general fund.
            it goes to voters in Novem-                                                                                         The  group  also  takes  issue
            ber.                                                                                                                with  how  the  ballot  state-
            The  lawsuit  filed  with  the                                                                                      ment  calculates  the  per-
            Montana  Supreme  Court                                                                                             centage  change  of  the
            Monday  by  Montanans                                                                                               wholesale  tobacco  tax
            Against  Tax  Hikes  takes  is-                                                                                     and  that  it  describes  the
            sue  with  specific  phrasing                                                                                       tax  increase  for  snuff  by
            contained in the 135-word                                                                                           weight, not by can.
            ballot  statement,  saying                                                                                          The  lawsuit  comes  after
            the  language  is  incorrect,                                                                                       the  Supreme  Court  ruled
            will  cause  confusion  and                                                                                         in  May  against  removing
            prevent voters from casting                                                                                         a  different  citizen's  initia-
            an informed ballot.                                                                                                 tive from the ballot over a
            The  initiative  seeks  to  raise                                                                                   technical  challenge  to  its
            the state's tax on a pack of    In this May 18, 2017 file photo, packs of cigarettes are offered for sale at a convenience store in   language.  The  court  dis-
            cigarettes  by  $2  to  $3.70,   Helena, Mont.                                                                      agreed  with  the  Montana
            on  snuff  to  at  least  $3.70                                                                    Associated Press  Mining  Association's  argu-
            per 1.2-ounce can and tax                                                                                           ment  that  the  attorney
            e-cigarettes  and  vaping  request  to  the  court.  "This  Hikes is funded by the lob-  to  the  anti-ballot  initia-  general's  legal  review  was
            products for the first time.  is exactly the type of legal  bying arms of the compa-   tive  group,  which  is  not  faulty of the measure to in-
            The new revenue, estimat-    deficiency that is within the  nies  that  make  Marlboro  only  spending  hundreds  crease the requirements for
            ed  to  reach  $74  million  a  scope of the Attorney Gen-  and  Camel  cigarettes.  Al-  of  thousands  of  dollars  in  new mines' cleanup plans.
            year  by  2023,  would  be  eral's review."               tria Client Services and RAI  legal  fees,  but  appears  to  Fox spokesman John Barnes
            used to pay for the state's  The  ballot  committee  cre-  Services  Company  have  be  gearing  up  for  a  ma-    said the attorney general's
            share  of  Medicaid  expan-  ated  to  support  the  initia-  donated  to  the  group  a  jor  media  campaign  after  office  stands  by  its  legal
            sion,  which  enrolls  nearly  tive,  Healthy  Montana  for  combined $1 million so far  spending tens of thousands  review of the tobacco tax
            100,000 people and would  I-185,  said  the  tobacco  in  personnel,  research,  le-   of  dollars  on  polling,  focus  measure, as it did with the
            otherwise  expire  next  year  industry  is  trying  to  create  gal  services  and  other  in-  groups  and  test  ads,  ac-  mining initiative.
            if  lawmakers  don't  renew  confusion by filing the law-  kind contributions, accord-  cording  to  the  campaign  The state has until Aug. 13
            it.  Money  from  the  tax  in-  suit instead of helping vot-  ing to a campaign finance  finance report.           to  respond  in  court.  That's
            crease  also  would  go  to  ers  understand  the  choice  report  filed  to  the  state  The  group's  treasurer,  Re-  just  10  days  before  the
            stop-smoking      programs  they will have in November.   commissioner  of  political  publican public affairs con-  deadline  for  Secretary  of
            and  health  programs  for  "Big  Tobacco  will  try  any-  practices last Wednesday.  sultant Chuck Denowh, did  State  Corey  Stapleton,  a
            the  elderly,  disabled  and  thing  to  protect  their  prof-  Those  same  two  com-  not return a telephone mes-  Republican,  to  certify  the
            veterans.                    its at the expense of Mon-   panies  spent  more  than  sage seeking comment but  candidates  and  initiatives
            The  group  is  challenging  tana's  health,"  said  Aman-  $200,000  last  year  to  kill  a  said in a statement that the  that are to appear on the
            the  legal  review  by  At-  da Cahill, a spokeswoman  similar bill that was moving  ballot initiative is a massive  ballot.
            torney  General  Tim  Fox,  a  for  the  pro-initiative  group  through  the  state  legisla-  new tax increase that per-  Stapleton  Chief  of  Staff
            Republican,  of  the  initia-  and  a  lobbyist  for  the  ture, according to lobbyist  manently  expands  Med-     Christi  Jacobsen  said  the
            tive  and  asking  the  court  American  Heart  Associa-  disclosure forms.            icaid  but  doesn't  allocate  certification  won't  be  de-
            to order Fox to change the  tion. "Pursuing an unneces-   Then, the companies hired  enough  money  to  pay  for  layed  for  the  court  case,
            wording,  but  not  remove  sary  legal  challenge  while  additional  lobbyists  and  it.                          raising  the  possibility  that
            the measure from the bal-    wasting  taxpayer  dollars  coached  witnesses  who  "Montanans  Against  Tax  ballots may have to be re-
            lot.                         appears  to  be  part  of  Big  testified  against  the  mea-  Hikes  plans  to  run  a  cam-  printed  if  the  court  orders
            "The    Attorney   General  Tobacco's  playbook  na-      sure to defeat it in the Mon-  paign  and  make  sure  vot-  the  language  changed
            serves  as  the  gatekeeper  tionwide — it's unfortunate  tana House of Representa-    er  understand  why  they  after the deadline. "We will
            to  the  ballot,"  the  group's  to  see  it  happening  Mon-  tives.                  should  reject  I-185,"  De-  cross that bridge if we get
            lawyer,  former  U.S.  Attor-  tana."                     Now  the  companies  are  nowh said in the statement.     there," Jacobsen said in an
            ney Bill Mercer, wrote in the  Montanans  Against  Tax  funneling  more  resources  Millions  of  dollars  from  the  email.q
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