Arizona Supreme Court

Jaime Molera, Plaintiffs/petitioners/appellants v. Michele Reagan

October 26, 2018428 P.3d 490

Summary

The court reversed the superior court and removed the Invest in Education Act from the November 2018 ballot because its petition description omitted a material change to income-tax indexing and described the proposed tax-rate increases in a materially confusing manner. The court held that the description failed the objective requirements governing descriptions of an initiative's principal provisions and created a significant danger of confusion or unfairness to petition signers. Justice Timmer, dissenting, would have affirmed the superior court because the proponents reasonably interpreted the measure as preserving indexing and were not required to predict consequences dependent on resolving ambiguous language.