Utah may get voucher bill, like it or not

"Candidly, am I supposed to care how your constituents voted? Or am I supposed to represent my own constituents — where in 38 districts (a majority) voters wanted vouchers" — even if by a narrow margin?

With such an argument, Curtis, a voucher supporter, is clearly laying the political groundwork for conservative legislators to refuse to repeal vouchers, even if statewide citizens vote vouchers down.

"I imagine that after" the November vote, individual legislators will be studying "how their constituents voted" on the controversial voucher issue, Curtis said.

Curtis added that lawmakers shouldn't expect the Utah State School Board to implement voucher rules — as ordered by the Legislature last general session. That's because the first — and main — voucher bill, HB148, is the subject of the citizen referendum. And by law, HB148 is put on hold until the vote.

But the second voucher bill adopted by legislators, HB174, passed by a two-thirds majority and can't be subject to referendum. (Curtis said anyone who claims legislators foresaw the two-bill dilemma is guilty of a "blatant lie.")

Attorney General Mark Shurtleff, a Republican, has ordered the School Board (which is separately elected) to implement vouchers as outlined in HB174. But the board has refused, saying it wants some legal questions answered.

"The board is just going to stall," claims Curtis. "Vouchers won't be implemented" under HB174 before the November vote.

Legislative Democrats — who oppose vouchers — have called for Republican Gov. Jon Huntsman Jr. to call a special session so lawmakers can "fix" the two-voucher-bill issue — and clear the way to make sure that, should citizens vote down vouchers this November, the voters' will is followed and vouchers are dead.

But that special session won't happen.

Curtis told his caucus: "There is little the Legislature can, or should, do now. Let the election come. Each of us will look at our own districts' (vote). And then we will decide where to go."

Or more likely, where not to go. It's clearly possible that citizens could vote down vouchers statewide only to see HB174 go forward, and Utahns still have private-school vouchers.

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