By Paul Davenport
The Associated Press
A legislative committee’s official analysis of a sales tax initiative on Arizona’s ballot went out of bounds by trying to inject the illegal immigration issue to sway voters against the measure, the state Supreme Court said Thursday.
The Supreme Court said the joint analysis of the House Senate committee was supposed to be impartial, but several parts were misleading or impermissibly advocated against the proposal.
Voters on Nov. 6 rejected the initiative, which would have implemented a permanent one- cent sales tax increase to pay for education and other social programs.
The opinion by a three-justice panel explained why the high court previously upheld an order by a trial judge who required the committee to change three parts of the analysis before it was printed in the official state pamphlet mailed to voters.
Part of the analysis stating the initiative “fails” to define who would be a resident qualifying for university scholarships funded by the sales tax was an attempt “to inject the contentious topic of illegal immigration issue into an already controversial tax measure” and impermissibly sway voters, the opinion said.
“On its face, the statement is true, but its inclusion and provocative phrasing belie neutrality,” Justice John Pelander wrote for the panel.
