Lawmakers passed two voucher bills. The first and main bill passed by just one vote in the House after $9.2 million was added to offset the anticipated revenue lost to local school districts.

Then, the last night of the 2007 Legislature, lawmakers passed a second voucher bill, calling it a funding and "cleanup" amendment to the first bill.

But the second bill contained much of the language of the first bill, except the $9.2 million. And while the first bill will now go before voters in a referendum, the second bill cannot because it was passed by a supermajority (two-thirds) of lawmakers.

Some have called for the governor, who signed both bills, to call a special session where legislators could clear up the discrepancy — and make the upcoming public referendum on private school vouchers a clean up or down vote.

State board members said it would be the most ethical and fair way and would sidestep the "political game."

"It appeals to me because it puts the decision in the hands of the public without any manipulation," said Burningham.

But Huntsman, who may avoid calling a special session, said it will be up to the courts to settle the issue. "We all know there will be some critical court cases that play out in the next few months," the governor said, adding that in the meantime, there shouldn't be any "second-guessing."

Curtis said lawmakers wouldn't deal with vouchers in a special session, anyway.

"There are always unintended consequences" in legislative work, the speaker said. And often those consequences aid one group while harming another. In the case of private school vouchers, that unintended consequence — the second bill staying in place — seems to help those who want vouchers.

"When you are on the right side of unintended consequences, you are reluctant to step back in" to a political fight that may not be necessary, he added.

"But if luck is with you, you smile, be gracious and move on," said Curtis. In other words, GOP legislative leaders will not be trying to "fix" the two-voucher-bill issue before citizens get to vote on the referendum, now probably in early November.

Burningham said if that's the case then it will all boil down to a legal decision on whether the second bill can stand alone.

Lawmakers are not shirking their duty, said Valentine. On the contrary, Attorney General Mark Shurtleff has already opined that the second voucher bill has enough enactment language in it to implement private school vouchers in Utah. And until any court rules otherwise, the state board and public education administrators should move forward with starting up the voucher system.