By Staff Reporter |
Teachers’ union activists were once again dealt a serious blow after the Arizona Supreme Court issued an order effectively removing an initiative from the ballot that aimed to undo the state’s universal school choice program.
Nearly four years ago to date, a similar initiative was removed from the ballot for failing to have the required number of signatures. Katie Hobbs, secretary of the state at the time and now the governor, held out on invalidating the ballot initiative.
The court’s order to recalculate the signature totals using the trial court’s formula, issued on Tuesday, is projected to have brought Proposition 212, the Protect Education Act, below the required signature total following a legal challenge filed by the Goldwater Institute in Clark v. Fontes.
Protect Education Accountability Now, the political action committee (PAC) behind the Protect Education Act, confirmed that the Arizona Supreme Court order meant their initiative would not qualify for the ballot.
The PAC blamed “big money in partnership with Republican lawmakers and the anti-public education lobby” for the initiative’s demise.
A spokesperson for the PAC stated that the initiative should have been included on the ballot regardless of the invalid signatures.
“This does not reflect what Arizona voters want. It does not reflect the overwhelming support of educators, parents and public school advocates across the state who volunteered their time and demanded a voice in reforming a program that abused taxpayer money and pulled funding from their neighborhood public schools,” said the spokesperson. “Instead, the hard-earned resources educators raised to fund this were buried under a mountain of big money, political power, and a system that consistently sides with special interests.”
Activists submitted around 420,000 signatures to qualify for the ballot. Pending a review incited by the Goldwater Institute’s court challenge, the number of valid signatures will fall to a projected total of approximately 245,000. The initiative needed approximately 256,000 to qualify for the ballot.
Nearly 70,000 signatures were invalidated due to their discovery as duplicates or having been collected by legally ineligible circulators, like felons. The court also upheld the trial court ruling which invalidated entire sheets of signatures due to the petition circulator providing an address at which they weren’t living.
The ballot measure would have rolled back the universality of the Empowerment Scholarship Account (ESA) program by imposing an income cap.
The court also agreed with a lower court ruling that the ballot language drafted by Secretary of State Adrian Fontes was false and misleading because it used the term “voucher” to describe the ESA program. Vouchers must be spent immediately and only at certain approved schools, whereas ESA program funds may be rolled over and applied to various schooling types and educational resources.
The PAC behind this second failed initiative to end universal school choice raised more than $7.5 million and spent more than $7.2 million.
More than $6.5 million, or 87%, came from the National Education Association. $810,000, or nearly 11%, came from the Arizona Education Association.
Other major donors included $50,000 from the United Food and Commercial Workers Active Ballot Club, the PAC of a D.C.-based union; and $50,000 from Arizonans for Quality Education, a corporation or LLC based in Phoenix.
The latter entity was formerly known as Friends of ASBA, with ASBA standing for the Arizona School Boards Association, and was registered as a domestic nonprofit corporation, according to Arizona Corporation Commission (ACC) records.
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