Republican state lawmakers file lawsuit claiming education tax measure is unconstitutional

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

By Andrew Oxford | Arizona Republic

Several Republicans in the Arizona Legislature filed a lawsuit Monday claiming Proposition 208, the education tax measure recently approved by voters, is unconstitutional.

The lawsuit argues only the Legislature can approve such a tax and even if voters are allowed to pass it at the ballot box, a simple majority would not suffice.

Citing the Arizona Constitution, the lawsuit points to a section that says “any act that provides for a net increase in state revenues” becomes law with the vote of two-thirds of the members of the Senate and House of Representatives.

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