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Gov. Ducey pushes to reverse Proposition 208

Can Arizona Republicans reverse a vote by the people? - CBS 13's Cody Lee looks to the state constitution for answers

YUMA, Ariz. (KYMA, KECY) - Back in November, Arizona voters passed Proposition 208. It raises taxes on the state's wealthiest residents to fund public schools. Gov. Doug Ducey (R-Ariz.) opposed the ballot initiative before the election. He continues to oppose the law. Now he, and Republican state lawmakers are looking to either remove the law, or diminish its effects.

Gov. Ducey says he backs increasing funding for K-12 education, but he cannot support this law. Last week he laid out his two-step plan during a meeting with business leaders in Maricopa county. That plan starts with the Arizona Supreme Court.

The governor has filed a brief urging the high court to act to overturn Prop 208. A hearing is scheduled for next month. A majority of the justices are Ducey appointees, but that's no guarantee they'll rule in his favor.

The second part of the governor's plan involves the state legislature. Ducey wants to GOP-led state House of Representatives and Senate to pass tax cuts bills to offset Prop 208's impact.

The measure raised nearly a $1 billion for public schools by raising taxes by 3% on individuals making more than $250,000 a year, or couples making more than $500,000. The tax hike impacts only a narrow segment of Arizona's population. Still, state Republicans want it gone.

Howard Blitz, the chairman of Yuma County's Libertarian Party and a political science professor, says reversing a ballot proposition isn't constitutional.

“The Arizona Constitution says that the state legislature, nor the governor can ever override an initiative that was approved by the voters,” Blitz said. “So that tax is going to go through. Unless of course, you know, if this decision is appealed by the plaintiffs here,” he added.

Blitz says the only constitutional way to get rid of Prop 208 is by advocating for a new ballot prop to repeal it.

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Cody Lee

Cody Lee joined 13 On Your Side and KYMA News 11 in March 2020, but he’s no stranger to Arizona. He grew up in the Phoenix area and enjoys everything Arizona has to offer.

You can contact Cody at cody.lee@kecytv.com.

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