By Stakk Reporter |
Republican leaders of the Arizona legislature are suing Secretary of State Adrian Fontes for allegedly misrepresenting a ballot measure to preserve school choice funding for military families.
Arizona Senate President Warren Petersen (R-LD14), the Republican nominee for attorney general, and House Speaker Steve Montenegro (R-LD29) sued Fontes to prevent the ballot measure language from going to voters.
The 66-page verified complaint accused Fontes of drafting ballot language that intentionally undermines the constitutional amendment, Proposition 145, in order to give a leg up to a competing ballot proposition to end the universality of the Empowerment Scholarship Account (ESA) program.
The language for Prop. 145’s descriptive title reads:
“Would nullify Proposition 212 (below) if voters enact it this election; prohibits the state from sweeping funds from certain state-run scholarship accounts if the student’s parent has provided certain active-duty military service; nullifies all laws that would sweep any such funds, including unrelated provisions of those laws.”
The yes/no language reads:
“A ‘yes” vote shall have the effect of amending the Arizona Constitution to: (1) nullify Proposition 212, which imposes spending and income limits on the Empowerment Scholarship Account (ESA) program, if the people enact that Proposition during this election; (2) prohibit the state from sweeping funds from certain state-run scholarship accounts if the student’s parent has provided certain active-duty military service; and (3) nullify all parts of any law that would sweep any such funds, including unrelated provisions of those laws, applying retroactively to all laws enacted on or after November 1, 2026.
A ‘no’ vote shall have the effect of maintaining current constitutional provisions related to scholarship accounts and allowing Proposition 212 to go into effect if voters enact it this election.”
According to the lawmakers, Fontes’ Prop. 145 ballot language allegedly skimped on and buried details of how the proposed constitutional amendment would preserve military families’ school choice funding. Much of the language, they say, used “partisan, argumentative framing” of Prop. 145 as a direct nullification of Proposition 212, or the Protect Education Act.
Prop. 212 seeks to end the ability for all Arizona students to enter the ESA program by imposing an income cap. It would also require approved curriculum for the release of ESA funds, degrees and background checks for ESA-funded tutors, accreditation or administration of state standardized tests for ESA-funded schools, and revocation of unspent ESA funds for public school usage.
The lawmakers argued that the “impermissibly misleading” ballot language focused more on Prop. 145’s potential future impacts on Prop. 212, in conflict with Arizona law, rather than summarizing the essential change in existing law. They claimed the ballot language is biased, argumentative, and fails to state the measure’s impact on existing law.
Attorney General Kris Mayes signed off on the ballot language.
Montenegro accused Fontes of “play[ing] political games” at the expense of military families.
“Instead of giving voters a fair description, Fontes turned the Secretary of State’s Office into a platform for Democrats’ anti-school-choice talking points,” said Montenegro. “Military families deserve better. I’ll see him in court.”
According to the legislative council analysis, the proposition would prohibit the state from confiscating ESA funds from military family children.
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