Already, Attorney General Mark Shurtleff has opined that HB174 contains enough voucher-implementing language that vouchers would be law even if HB148 is repealed at the ballot box.

The State Board of Education — separately elected by Utahns — has refused to implement vouchers via HB174, saying more legal research must be done.

So, come the 2008 Legislature in January we could have this situation: Voters rejected vouchers (public opinion polls show Utahns oppose vouchers by a narrow majority). The state board refuses to implement vouchers. And a majority of legislators refuse to repeal HB174, because they like vouchers.

It could be a political stalemate — except all leaders agree that most likely the courts will say something about the voucher issue at some point.

Here's an irony: The same conservative Utah GOP legislators who routinely decry "activist" judges who make law through their decisions will be hoping that some judge orders vouchers into place — orders them into place because those same legislators refuse to fix the two-bill voucher problem.

But is that good policymaking? And what about a public referendum vote that opposes vouchers? Will the people's desires on this touchy subject be ignored?

Of course, if the repeal referendum fails, all is answered, and you can bet Huntsman and GOP lawmakers will move quickly if any fixing of the two bills is needed.

Utahns rarely get a chance to decide specific public policy issues at the ballot box. We'll see what kind of rhetoric by both sides will ensue as the public debates moves toward the Nov. 6 vote.

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Deseret Morning News political editor Bob Bernick Jr. may be reached by e-mail at bbjr@desnews.com