Disclosure: Rose Law Group represents Ann Siner of My Sister’s Closet and Judge John Buttrick in their litigation efforts against 208.)
By Wall Street Journal Editorial Board
The outcome of the presidential race isn’t the only election result being contested in Arizona, and the other has even greater consequences for the law. Last week two lawsuits were filed against Proposition 208, the ballot initiative that imposes a new 3.5% tax surcharge to raise an estimated $827 million for education. It passed with 51.7% of the vote.
The suits are challenging whether Prop 208, which passed as a statute, must conform to the state constitution. One suit was filed by businesswoman Ann Siner and retired judge John Buttrick, the other by the Goldwater Institute, the influential Arizona think tank.
The suits claim that Prop 208 contradicts a constitutional amendment that limits the amount of revenue provided to school districts each year. It also overrides another constitutional provision requiring a two-thirds majority of the Legislature to approve a tax increase.