By Howard Fischer | Capitol Media Services
Arizona voters have the legal right to review — and override — the $1.9 billion tax cut plan that mainly benefits the wealthy approved earlier this year by the Republican-controlled legislature, a judge ruled Wednesday.
In a 12-page ruling, Maricopa County Superior Court Judge Katherine Cooper rejected arguments by the Arizona Free Enterprise Club that the constitutional right of voters to second-guess legislative decisions does not extend to matters involving funds.
The judge acknowledged that there is no right to refer tax hikes to the ballot. That is because such a petition drive would deny government the ability to operate.
But this case, Cooper said, is different.
She said the referendum, if successful, actually would leave the state with more revenue than it needs. So the outcome of the vote, Cooper noted, would not hamper government operations.
Wednesday’s ruling is unlikely to be the last word. Referendum foes are likely to appeal.
And even if they lose that legal fight, their attorneys are preparing a backup plan to quash the referendum with arguments that, despite a finding to the contrary by the secretary of state, there are not enough valid signatures on the petitions.
At the heart of the legal fight is the tax cut plan approved on a party-line vote and signed by Gov. Doug Ducey.
