Estimated read time: 3-4 minutes
- A district court judge has voided Utah's Amendment A, which proposed removing a provision requiring income tax revenue to fund public education, due to lawmakers' failure to meet constitutional publication requirements.
- The ruling means votes on Amendment A in the upcoming election are invalidated.
- Utah's legislative leaders expressed disappointment but acknowledged the court's decision to avoid unnecessary expenditure of tax dollars.
SALT LAKE CITY — A proposed constitutional amendment to remove the provision earmarking income tax revenue to be used for public education was officially voided from Utah's ballot after a district court judge ruled lawmakers failed to publish the amendment text in newspapers for two months prior to the election.
Amendment A's validity was all but decided after the state Supreme Court upheld a preliminary injunction voiding Amendment D for the same failure to notify the public as required by the state Constitution. The Utah Education Association challenged the validity of the amendment last month.
"In light of that controlling opinion, legislative defendants acknowledge that there is no basis to argue that the newspaper publication requirement of Article XXIII of the Utah Constitution was met with respect to Amendment A," 3rd District Court Judge Laura Scott wrote Wednesday.
Due to the fast-approaching general election on Nov. 5, Scott issued a permanent injunction to void the amendment. The question will still appear on the ballot across Utah, but the order states that "Amendment A is void and shall be given no effect," and "any votes cast for or against Amendment A are void and do not count."
The judge's order was proposed by attorneys for the state Legislature, who acknowledged, "There is no basis to argue that the newspaper publication requirement ... was met with respect to Amendment A."
A planned Oct. 15 hearing was also scrapped in the order.
Utah House Speaker Mike Schultz, R-Hooper, and Senate President Stuart Adams, R-Layton, said they "remain disappointed that Utahns will not have the opportunity to decide on two important matters in November."
"However," the pair said in a joint statement, "in light of the Supreme Court's ruling on Amendment D, and given the notice for all the amendments were the same, the Legislature chose to file a joint brief allowing the district court to resolve the case. This action aimed to prevent unnecessary expenditure of tax dollars."
They went on to make the case for the proposed amendment, saying they "remain committed to continue supporting education and lowering taxes for all Utahns."
Critics of the amendment to change how income tax revenue can be allocated celebrated the order.
Utahns for Student Success — a coalition including members of the Utah PTA, Utah Library Association and Utah Education Association — called the ruling "a significant victory for Utah voters and public education." The Utah Education Association said it would not comment specifically on the ruling, citing ongoing litigation.
"Amendment A was a power grab by state politicians aimed at diverting public money from public schools to unaccountable religious private school vouchers," the statement continued. "It was written to be deliberately misleading, hiding its true impact on public schools."
"We commend the Utah Legislature for taking the necessary step to apply the Utah Supreme Court's ruling on Amendment D to Amendment A, acknowledging that both failed to meet the Constitution's publican requirements," said Utah Senate Minority Leader Luz Escamilla, D-Salt Lake City, and House Minority Leader Angela Romero, D-Salt Lake City. "We applaud Utahns for their commitment to holding their government accountable. The active engagement of our communities ensures the integrity of the democratic process."
