Arizona Supreme Court

Rep. Andrew Tobin, Chairman of Legislative Council; Sen. Steve Pierce, Co-Chairman of Legislative Council; Sen. Andy…

January 17, 2013231 Ariz. 189

Summary

The Arizona Supreme Court accepted special-action jurisdiction but denied relief, upholding an order requiring revisions or deletions in the Legislative Council’s analysis of Proposition 204. The court held that the analysis failed to substantially comply with the requirement of an impartial, accurate, and neutral description because it omitted important context about the proposed tax, overstated a limitation on sales-tax-base adjustments, and used provocative language concerning residency for scholarships. The court reviewed the superior court’s legal conclusions de novo because no evidentiary hearing had occurred.