Voucher advocates file suit over referendum ballot

Voucher proponents want to clarify exactly what the public will be voting on in regards to vouchers this fall.

Thursday Parents for Choice in Education, Utah legislators and a few parents filed suit, asking the Utah Supreme Court to revise what they called an "inaccurate and misleading ballot title" that was penned by Legislative Research and General Counsel for the November referendum ballot.

The petitioners, including Senate Majority Leader Curt Bramble, R-Provo, said the language fails to accurately describe what the referendum challenges.

HB148 is the original voucher law that is that provides families with private-school tuition vouchers ranging from $500 to $3,000 per year, scaled to income. That bill is now stayed pending a referendum vote in November.

Meanwhile, voucher supporters say that HB174, a voucher amendment bill that has much of the same language in it as the original bill, sans the $9.2 million appropriation that would go to hold districts harmless for funding loss when students leave public schools, is currently in effect and supersedes much of the original law that is on hold.

Thus there is already a voucher law on the books — it is just yet to be implemented by the State Board of Education. And Utah election law prohibits referenda on repealed and superceded laws, voucher supporters say.

However, the ballot title refers to the entire voucher program, including sections that are included in HB174. So, proponents say, it would seem that voters are deciding on whether or not they want a voucher program in Utah when there already is one established.

"It's a huge disservice to Utah voters to not have clarification on what they are voting on," said Doug Holmes, chairman of Parents for Choice in Education. "This seems the most expedient way to get that clarity."

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