A second question on Utah’s election ballot has been voided.
This time it’s Amendment A. The proposed amendment sought to remove the constitutional earmark that says the state’s income tax revenue can only be used for public education, higher education and certain services for children and Utahns with disabilities
Opponents challenged it in court and made a similar case to what struck down Amendment D.
On Sept. 25, the Utah Supreme Court upheld a lower court ruling that voided Amendment D. It would have given lawmakers the power to significantly alter or repeal voter-approved ballot initiatives.
In that case, opponents said the question in front of voters was misleading. They also argued the state didn’t publish the ballot language in state newspapers 60 days ahead of the election as required by the Utah Constitution.
Because of the Utah Supreme Court’s ruling, the plaintiffs and defendants in the Amendment A case jointly filed a request on Oct. 9 asking the judge to simply void Amendment A instead of holding a hearing on Oct. 15, as originally scheduled.
“There is no material difference between the publication efforts that were taken with respect to Amendment A and those taken with respect to Amendment D. Based on the Amendment D Opinion, Legislative Defendants acknowledge that there is no basis to argue that the newspaper publication requirement of Article XXIII of the Utah Constitution was met with respect to Amendment A,” the Legislature’s attorneys conceded.
Shortly after, Judge Laura Scott signed the order making Amendment A void.
Votes will not be counted for Amendment A, per the court order, and the results will not be released.
In a joint statement, Utah Senate President Stuart Adams and House Speaker Mike Schultz said they “remain disappointed that Utahns will not have the opportunity to decide on two important matters in November, as we believe voters should shape our laws and our future. However, in light of the Supreme Court's ruling on Amendment D, and given the notice for all the amendments were the same, the Legislature chose to file a joint brief allowing the district court to resolve the case.”
Utahns for Student Success, who vocally challenged the amendment, thanked supporters in a statement and said this “victory underscores the need to protect public education and ensure voters receive timely, honest, and accurate information when making critical decisions for our children’s future."
If Amendment A had been voted on and approved, state lawmakers would have been able to use the income tax revenue for any state needs after they first covered certain education needs, including enrollment growth and inflation. As a carrot to voters, passing Amendment A also would’ve gotten rid of the state’s portion of the food sales tax.
Utahns for Student Success has called Amendment A a “power grab by state politicians aimed at diverting public money from public schools to unaccountable religious private school vouchers.”
