Utah Education Association files injunction to void Amendment A from Utah's ballot

SALT LAKE CITY — The Utah Education Association on Thursday filed an injunction asking a judge to void a proposed constitutional amendment that would remove the earmark on state income tax reserving its use for public education, higher education and services for children and people with disabilities from being counted in the November election.

The injunction alleges that Amendment A's ballot language, like Amendment D, is also misleading to voters and does not give them the information needed to make an informed decision.

"The ballot language is misleading because it misrepresents the substance and effect of Amendment A, and because it fails to summarize legislation that would take effect upon its adoption," the injunction states.

The lawsuit, which includes the injunction on Amendment D, names the Utah Legislature, Gov. Spencer Cox, Utah Attorney General Sean D. Reyes, Speaker of the House Mike Schultz, Senate President J. Stuart Adams, Lt. Gov. Deidre Henderson and Alliance for Choice in Education/Ace Scholarships.

Critics of Amendment A argue, among other things, that it's a "power grab" by the Legislature to divert money from an already underfunded education system.

Along with removing the earmark stipulating income tax goes to go to specific outlets, state statute will eliminate the 1.75% state portion of the sales tax on food — though it wouldn't impact city and county sales tax — if the amendment is passed. University of Utah Kem C. Gardner Institute economist Phil Dean said the tax removal would save the average Utah family a little over $100 a year.

Utah Education Association President Renée Pinkney, who oversees the state's largest teachers' association of 18,000 educators across the state, said the association is against the amendment.

"We believe ... that this will expand private, religious school voucher funding, and we have seen a pattern since 2023 and then 2024 and what is expected in 2025 that leads us to that conclusion," Pinkney said. "We also believe that if we open up the income tax to other state needs — one of those state needs is the voucher program — it could also be used for politician pet projects, and it will no longer be a protective source for a mandate in the constitution for public education."

The voucher Pinkney mentioned is the Utah Fits All Scholarship Program, which gives private schools $82.5 million in public funds. In May, The Utah Education Association filed a lawsuit challenging the recently implemented program.

On the other hand, proponents of the amendment say it will provide more "freedom in the budget" for the state.

"It's been a long principle for the Taxpayers Association to not have earmarks in the budget," said Billy Hesterman, president of the Utah Taxpayers Association. "We feel like it's up to the elected officials, who you all elected and put in place and put in charge of those budgets, to find the best places, the best uses for that money. This (amendment) is allowing our legislators to do that."

Hesterman said he believes Utah needs a strong education system but it could be accomplished without the earmark.

Still, Utah currently ranks 49th in per-pupil funding, trailing only Idaho.

"The decision we're making is to cut taxes, which is reducing revenues and then claiming we can't fund these needs," said Moe Hickey, executive director at Voices for Utah Children.

"We had a budget last year, where, with other advocates across the state, not just for children, but for other social needs — housing, homelessness — there were unmet needs of $3.2 billion. Now, I'm not naive in thinking we're going to meet all those needs in one year. But when you take a look at that amount of need in the state that's not being addressed and saying, 'We're going to open up this one source of funding for education to meet all these other needs,' I guess my question is, if you trust them (lawmakers) to do the right thing, then support the amendment," Hickey added.

Kevin Greene, state director of Americans for Prosperity's Utah Chapter, said a "vast majority" of states don't have an earmark in their constitution yet still fund education.

"It's important to note, within the constitutional change, there is still a mandate to create a legislative or a structure to fund education and then, once all of those things are met, you can then use whatever is remaining in the budget for alternative sources," Greene said.

#BREAKING: @myuea is now asking a judge to void Amendment A from being counted in November's election alleging it's "misrepresents" what it would do and failed to meet the publication requirements.

Amendment A would remove the income tax earmark for education but then remove a… pic.twitter.com/8BjGbP3lMk

— Lindsay Aerts (@LindsayOnAir) September 19, 2024

The injunction further argues the Legislature had a constitutional duty to publish Amendment A in at least one newspaper in every county of the state — where newspapers are published for two months immediately preceding the general election on Nov. 5 — something it failed to do.

Hesterman said he sees removing the earmark as an opportunity for legislators to "show us that they can do the right things."

"They are supposed to come in and fulfill those promises that they made. And if they don't, as I've often said to people, I say, 'This is your chance to vote the bums out,' and I hope that many of you would," Hesterman said.

Pinkney pushed against this.

"I also believe, that in terms of 'voting the bums out,' we know that our districts are gerrymandered and that it is very difficult to vote them out of office, and that is by design," Pinkney said. "We need to have fair elections so that my vote counts and your vote counts and we all are electing people who represent our interests."

Contributing: Mary Culbertson, Lindsay Aerts and Daniel Woodruff

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