A cloud of uncertainty is hanging over a proposed cigarette tax hike after a Missouri appeals court panel changed the summary that voters would see on the November ballot.The appeals panel ruled late last week that the initiative's summary was insufficient and unfair, because it failed to say that one of the measure's new fees could rise annually with inflation. The revision by the appeals panel could provide new grounds for opponents to argue that the measure should be blocked from the ballot.A spokeswoman for the Missouri secretary of state's office, which prepared the original summary, and an attorney for the group sponsoring the initiative both said Monday that they plan to appeal the ruling.At issue is a proposed constitutional amendment that would phase in a 60-cent-a-pack cigarette tax increase, primarily to benefit early childhood programs. It also would impose a 67-cent-a-pack fee, adjusted annually with inflation, on cigarettes sold by smaller companies that did not participate in a 1998 settlement between big tobacco companies and states.Missouri's current cigarette tax of 17 cents a pack is the lowest in the nation. The ballot initiative has been bankrolled largely by cigarette giant Reynolds American Inc., because it could end a price advantage for smaller companies.The group Raise Your Hand for Kids turned in more than 320,000 petition signatures to the secretary of state's office in May. Election officials have until Aug. 9 to certify whether the group got enough valid signatures to make the November ballot.The original petition summary noted that the cigarette tax would be gradually raised through 2020 by 60 cents a pack. It also noted that an additional 67 cent fee would be charged on certain cigarettes.The appeals panel ordered the phrase "which fee shall increase annually" to be added to the description of the 67-cent fee.If the appeals panel ruling is upheld, its consequences are likely to be determined in future court battles. That's because Missouri law says signatures on petitions that don't bear the official ballot title shall not be counted as valid.Attorney Chuck Hatfield, who represents a tobacco retailer challenging the initiative, said the appeals panel ruling marks "a pretty major change" to the summary. He contends none of the signatures should count because they were all gathered under a summary that is no longer the official version.Attorney Eddie Greim, who represents Raise Your Hand for Kids, said the ruling made only "a minor change" to the summary that should not prevent the measure from appearing on the ballot. But Greim said he hopes to get the ruling reversed to guard against "the possibility that a court will say that any change whatsoever is enough to strike all the signatures."The measure is one of two tobacco taxes proposed for the November ballot. An initiative sponsored by tobacco retailers would phase in a 23-cent-a-pack increase. It faces no court challenges.Cigarettes