Voucher vote 'up or down,' guv says

However, the governor said in his statement Saturday that he "will do whatever is necessary" to make sure that voters have the final say at the polls in November, including calling a special session if the question of what happens to the voucher program if the referendum succeeds isn't settled by the courts "within a reasonable amount of time."

"I don't want to prejudge the legal outcome," Huntsman told the Morning News. "The only thing I want from this is a clearly defined target" for voters "and one that will then be respected in terms of outcome."

The governor said as to his concerns last week about whether there was the political will to deal with the issue in special session, "time may prove that point to be less valid," and, if the court cases don't bring clarity, "perhaps then we'll have more in the way of political will."

Valentine said Saturday he was reluctant to comment because of lawsuits filed by both voucher supporters and opponents. "For me to make some kind of a threat, or a comment, however it's characterized ... seems to be stepping over the line," he said. "I'm not going to commit to any decision in advance of the court's ruling."

The issue is indeed confusing. Attorney General Mark Shurtleff has said that the second voucher bill, HB174, repeats enough of the original voucher bill, HB148, that Utah would have a voucher program no matter how citizens vote in the referendum.

Here's why: By one vote in the Utah House, lawmakers adopted HB148, the main voucher bill. And Huntsman signed the bill into law.

Not wanting to mess with amending HB148 before Huntsman's signature, legislators ran a separate bill, HB174, that was seen as amendment to the original voucher bill. HB174 was never meant to stand alone in implementing private school vouchers. But it did repeat much of HB148's language — giving parents between $500 and $3,000 a year for voucher tuition, depending on the parents' income.

HB174 passed with two-thirds vote in the House and Senate, and Huntsman also signed that bill into law. Because HB174 passed by two-thirds (getting some votes from HB148 opponents because it more fully funded vouchers — thus doing less harm to public education), the Utah Constitution says it cannot be subject to a referendum vote.

Thus, only HB148 is on the ballot Nov. 6. And even if voters reject HB148, HB174 would still be in effect.

The Utah State Board of Education, whose members are elected, has refused to implement vouchers via HB174, even though Shurtleff has ordered board members to do so.

Despite the lawsuits filed last week, it is unclear if either a trial court or the Utah Supreme Court will order a clear up-or-down vote on vouchers before the Nov. 6 elections.

That's when lawmakers would be asked by Huntsman to clarify that the Nov. 6 vote determines the fate of vouchers in Utah — either adopting them or killing them.