Both sides challenge voucher referendum language

By NICOLE STRICKER
Salt Lake Tribune
Wednesday, May 30, 2007

Supporters and opponents of Utah's voucher law have something in common: displeasure over the ballot language crafted for November's referendum vote.

Both groups are challenging the ballot title in Utah's Supreme Court, but their agreement ends there.

Voucher supporters petitioned the court last week because they want the ballot to say voters can modify but cannot kill Utah's voucher law.

Responses filed this week included a statement from voucher opponents saying voucher supporters have no right to dispute the ballot language. Utah code says only referendum petition sponsors may challenge the ballot title.

The sponsors also will file a challenge to the language soon saying they want the ballot to say voters will be voting the entire voucher concept up or down.

The state's Office of Legislative Research and General Counsel and Lt. Gov. Gary Herbert, meanwhile, also have filed notices with the court disputing the pro-voucher group's claim that the ballot title should reference a second law on Utah's books. That law was intended to amend the Parent Choice in Education Act up for referendum vote, but ended up re-enacting entire sections and omitting others.

"That legal impact is an undecided question with conflicting legal arguments reaching different conclusions," the state's response reads. "Legislative Research has no authority to determine which of those conflicting legal conclusions is correct."

The court has yet to set a hearing date on the matter or say whether it will grant the request to stay Friday's deadline to submit pro and con arguments for November's voter information pamphlets.