GOP leaders file suit to stop Prop 208 from becoming law

(Disclosure: Rose Law Group represents Ann Siner of My Sister’s Closet and Judge John Buttrick in their litigation efforts against 208.)

By Howard Fischer | Casa Grande Dispatch

PHOENIX – Top Republican legislative leaders filed suit Monday to block implementation of the voter-approved tax on the income of the wealthiest Arizonans.

Legal papers filed in Maricopa County Superior Court contends that the Arizona Constitution allows only the legislature to impose a new tax, and then only with a twothirds vote.

“Because Proposition 208 did not meet either requirement, its new tax was not constitutionally enacted,” the lawsuit reads.

The lawsuit also points out that the measure, approved by voters by a margin of 51.7% to 48.3%, seeks to exempt the money raised from the constitutional cap on how much schools can spend. The attorneys say a statute – even one approved by voters – cannot override what is in the Arizona Constitution.

Attorneys for the challengers also say that the amount of spending the Invest in Ed initiative would require exceeds the amount of revenues that would be raised by the new 3.5% surcharge on incomes above $250,000 for individuals and $500,000 for married couples filing jointly.

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