Representative Nick Marshall (R-Parkville) has filed two articles of impeachment. He says Governor Nixon’s executive order instructing the Department of Revenue to accept joint tax returns filed by same-sex couples legally married in other states “is a direct violation” of Missouri’s Constitution. Further, he says Nixon “misstates and misrepresents the meaning and requirements under Missouri’s constitutional and statutory law and thereby misleads the citizens of this state...”The articles of impeachment have been co-signed by seven Republican members of the House: Ron Schieber, Ken Wilson, Jeff Pogue, Kurt Bahr, Mike Moon, Rick Brattin & T.J. Berry.Moon (R-Ash Grove) has said he will seek to impeach Nixon for not acting quickly enough to set special election dates for vacant seats in the House and one in the Senate. Moon told Missourinet earlier this week he would file articles of impeachment this week, but that has not happened and calls to his Capitol office today have not been answered.Articles of impeachment move through the legislative process in the House similarly to the way a bill would. They would have to be first referred to a committee. If the the articles are passed in the House, Nixon would be tried by a commission of seven jurists elected by the Senate.
Gov. Nixon justified his executive order by pointing out state tax law that indicates that state tax filing should match what is filed at the federal level. If a married same-sex couple living in Missouri files joint federal tax returns, state law requires that they should also file state taxes jointly.