Utah judge voids controversial Amendment A opposed by teachers union
Add Axios as your preferred source to
see more of our stories on Google.
Illustration: Brendan Lynch/Axios
A Utah judge on Wednesday voided a proposed constitutional amendment that would have asked voters to redirect state income tax dollars to other areas besides education.
Why it matters: Amendment A will still appear on the November ballot, but votes towards it won't count after state officials failed to publish the amendment's text in local newspapers as required under the Utah Constitution, Judge Laura Scott wrote.
- The ruling bars the lieutenant governor and county clerks from releasing the tabulation results of the amendment to the public.
The big picture: The outcome was widely expected after the Utah Supreme Court in September reaffirmed a lower court ruling that voided Amendment D, which sought to give more power to state lawmakers to alter or repeal citizen initiatives, in part for failing to meet the same publishing regulations.
Zoom in: Under the state constitution, the Utah Legislature must publish proposed amendments "in at least one newspaper in every county of the state, where a newspaper is published, for two months immediately preceding the next general election."
Catch up quick: The ruling stems from a legal complaint filed by the Utah Education Association, the state's largest teachers union, which opposed the removal of the earmark for public education from state income tax revenue.
- If the amendment hadn't been voided and approved by a majority of voters, it would have triggered the elimination of the state's 1.75% sales tax on food.
What they're saying: "We remain disappointed that Utahns will not have the opportunity to decide on two important matters in November, as we believe voters should shape our laws and our future," Senate President Stuart Adams and House Speaker Mike Schultz said in a joint statement.
- The statement said lawmakers and plaintiffs asked the court in a joint filing to resolve the Amendment A case following the ruling on Amendment D in order to save tax dollars.