The Legislature passed two bills: HB148, allowing a $500 to $3,000 voucher for private school tuition based on income; and HB174, which was supposed to amend that law by giving a little extra money to the State Office of Education to implement the voucher program, for example.

But voucher opponents responded with a referendum to put the voucher question on the ballot.

Of those surveyed by Jones, 21 percent said they signed the referendum to repeal vouchers.

The confusion is that the referendum addressed HB148 only. Utah's attorney general and voucher supporters say HB174 would stand on its own even if voters decide to overturn HB148 in November.

But the State Board of Education held off on putting that law in motion because members said there were too many holes in it and too many questions on how to proceed (see accompanying story).

Thursday, pro-voucher groups petitioned the Utah Supreme Court to change the voucher ballot language to make it clear that voting to repeal the main voucher bill, HB148, only repeals that law and that the second voucher law would still be on the books.

Meanwhile, Huntsman said he would support the will of the people after the November election as a straight up or down vote on vouchers.

But Senate President John Valentine, R-Orem, and House Speaker Greg Curtis, R-Sandy, while signing a letter with Huntsman on the voucher issue this week, both say that citizens voting down the voucher referendum does not automatically mean legislators will repeal the second voucher law and end a private school tuition aid program.

Both Valentine and Curtis say individual legislators will study how their constituents vote Nov. 6. And if vouchers are struck down, but a majority of House and Senate districts swing slightly for vouchers, then a majority of lawmakers may still want the voucher program in place.

Jones found that Huntsman's and GOP lawmakers' voucher stands are clearly opposed by their own party members. Sixty-three percent of Republicans want the second voucher law repealed should citizens vote down vouchers — so there would be no voucher law on the books — while 76 percent of Republicans want a special session called to clarify the Nov. 6 voucher vote.

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