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June 11, 2007
Utah voters will get final word in voucher tussleIn the five weeks since public school advocates secured enough signatures to put Utah's fledgling, universal voucher law to a vote of the people, legal wrangling had left the upcoming referendum's meaning in some doubt. No more. Last Friday, the Utah Supreme Court, just hours after hearing arguments from both sides, made it plain for the state's voters: It's your call. Yea or Nay on vouchers but whatever you decide will be the end of the story.
The confusion had centered on the fact that the state legislature, after enacting the voucher program by one vote in the House, had approved amendments to the original law. Voucher opponents contended that would mean the program should exist even if voters struck down the underlying legislation.
The Supreme Court dismissed that argument in its ruling. Key langugage:
"With that relationship in mind, we have concluded that HB 174, 'Educational Voucher Amendments' is dependent upon HB 148, 'Educational Vouchers' for meaning. It is the clearly expressed intent of the legislature that the provisions of HB 174 were to modify the provisions of HB 148. Should HB 148 be rejected by the voters under the referendum before us, HB 174 would be without legal meaning. ...Although HB 174 is not subject to referendum by the voters, it is subject to the consequences of the referendum on HB 148."
Detailed report on the ruling from the Salt Lake Tribune here, Deseret Morning News here and Salt Lake's ed board gives the court the thumbs up here.
Now comes the campaign and no doubt millions of dollars, especially from out-of-state interests. BoardBuzz feels for the voters of Utah who will face a deluge of radio and TV ads this summer and early fall.
You can stay up to speed on the campaign with Utahns for Public Schools.
Posted June 11, 2007 2:11 PM | Privatization & Choice
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