FILE - Illinois State Capitol

The Illinois State Capitol in Springfield, Illinois.

(The Center Square) – A nonprofit group that filed a lawsuit challenging the wording of the progressive income tax amendment on election ballots ahead of the Nov. 3 vote said it plans to move forward with the case even though a judge turned down its request for a temporary restraining order.

A circuit court judge denied an emergency motion for a temporary restraining order in the lawsuit, but the Illinois Policy Institute said the case is ongoing.

Austin Berg, vice president of marketing at the nonpartisan Illinois Policy Institute, said the plaintiffs plan to file a motion for an evidentiary hearing.

"Today, the court concluded that, under the circumstances, we were not entitled to emergency relief without an evidentiary hearing," Berg said in a statement. "However, 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."

Vote Yes For Fairness Chairman Quentin Fulks called the lawsuit 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," he said in a statement. "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."

Regional Editor

Brett Rowland has worked as a reporter in newsrooms in Illinois and Wisconsin. He most recently served as news editor of the Northwest Herald in Crystal Lake, Illinois. He previously held the same position at the Daily Chronicle in DeKalb.