Lawsuit seeks to block effort to put Gov. Ducey’s tax cuts on the ballot

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By Mary Jo Pitzl | Arizona Republic

A lawsuit filed Thursday seeks to halt citizen petition drives that would let voters decide the fate of cuts to Arizona’s income tax on the 2022 ballot.

The suit argues the referendum drives launched by Invest in Ed and Stand for Children are unconstitutional. It cites a provision of the state Constitution that states any tax measure that is “immediately necessary … for the support and maintenance of the departments of the state government and state institutions” cannot be referred to.

The tax policies in question seek to cut state taxes. Collectively, the state’s legislative budget office estimated the policies would amount to a $1.5 billion permanent cut to state revenue. 

The lawsuit was filed in Maricopa County by the Free Enterprise Club, Scot Mussi, the club’s president, and Yavapai County resident Diane Schafer. 

It asks the court to declare the tax policies are indeed necessary for the support of the state government. It also seeks an injunction to block the filing of any petitions, and a directive to Secretary of State Katie Hobbs to not accept any such petitions. 

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