Page 35 - The Edge - Fall 2017

ARIZONA CAPITOL TIMES CONTRIBUTING ARTICLE

BY KATIE CAMPBELL

Voucher expansion ballot measure prompts

questions on voter protection

What is now Proposition 305 will not only put the fate of school From a common-sense perspective, how does this come about
voucher expansion into the hands of Arizonans, but is also likely to procedurally?” she said.
set precedent on how the Voter Protection Act applies to referenda. A court will ultimately have to settle this debate, but getting to
e argument is sure to be made that whatever voters decide in that point is complicated, she said. at comes later.
the 2018 general election–approval or rejection–is protected, and e Voter Protection Act is currently interpreted in the context
any result may be less than ideal for those who want to see the of initiatives, Desai said, because those measures are more common
expansion proceed. relative to referenda, but also because the state Constitution is far
Let the speculation begin. more clear with regard to initiatives.
Roopali Desai, an attorney representing expansion opponents While the Constitution indicates initiatives are voter-protected
Save Our Schools Arizona, said the question of voter protection is if approved, it is not so clear-cut on referenda, said attorney Jim
really a discussion about the power of the people in relation to the Barton, a former Arizona assistant attorney general who now
Legislature. specializes in areas of political and government relations law.
“ is conversation is interesting because there is the legal
component – what does the Constitution mean and require
with respect to referenda – but there is also another question: CONTINUED ON PAGE 36

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