A lawsuit was made against the legality of a certain propsition, as it’s being the “largest income tax hike” there. This brings into question its constitutionality.
The ballot proposition is unconstitutional for many reasons. The new lawsuit saying the proposition, will raises taxes going toward education. Moreover, Arizona’s election results were certified by the Secretary of State on Monday, November 30th.
Therefore, Scottsdale’s Rose Law Group on behalf of Ann Siner, CEO and Founder of My Sister’s Closet, and retired Maricopa County Superior Court Judge John Buttrick filed the lawsuit.
Moreover, The prop violates the constitution according to Goldwater Institute that also filed a lawsuit.
The power to tax and spend state funds rests with the legislature according to the Arizona Constitution. In fact, Prop 208 bypasses Arizona’s elected leaders. It gives the power to spend the funds to unelected bureaucrats with no oversight. In fact, this is according to a press release in part.
Business owners can choose to leave Arizona due to higher taxes. Also, the state economy is at risk due to Prop 208, Siner claims.
“In the long run that’s bad for the economy. It’s also bad for school funding. I support getting more money to schools. Yet 208 is not the cure. It seems like bad medicine that will shrink our economy. In fact, it will hurt school funding in the long run,” she said.
Buttrick said of the lawsuit, “The Arizona Constitution was written to not allow the sort of overreach in Prop 208. It upends the way Arizonans are taxing. Therefore, it sets a dangerous precedent for the future.”
The press release outlined reasons why they’re arguing against the prop’s overreach: Proposition 208’s statutory provisions conflict with the Arizona Constitution. Proposition 208 is unconstitutional removal of the Legislature’s power to tax. The Arizona Constitution says a supermajority of the Legislature is requiring increase taxes. The Arizona Constitution requires that the Legislature’s power of taxation shall never be surrendering, suspension, or contracting away. The legislature’s core powers can’t be delegated. Proposition 208 violates the Constitution by prohibiting the Legislature from adjusting educational funding.