In a crushing defeat to public education advocates who collected enough signatures to place Arizona's 2021 flat tax on this coming November's ballot, the Arizona Supreme Court has determined that the taxing measure was not subject to citizens' constitutional referendum powers because it falls within an exception.
"The Court finds that §§ 13 and 15 of S.B. 1828 do fall within the support and maintenance exception to the Arizona Constitution, and thus may not be referred to the voters," declared the en banc order handed down this afternoon. No dissent was noted.
The decision is a major victory for the Arizona Free Enterprise Club and Republicans in the State Legislature. The latter group has been attempting to "repeal and replace" the flat tax with a newer version in order to get void the referendum; that will not be necessary in light of today's order.
(This is a developing story. Please check back for further updates.)
This article was reported by AZ Law founder Paul Weich. Paul is currently running for a seat in Arizona's House of Representatives.
"AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona's Politics on the internet.
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