Tobin v. Rea
| Decision Date | 17 January 2013 |
| Docket Number | No. CV–12–0273–SA.,CV–12–0273–SA. |
| Citation | 231 Ariz. 189,291 P.3d 983,652 Ariz. Adv. Rep. 15 |
| Court | Arizona Supreme Court |
| Parties | Rep. Andrew TOBIN, Chairman of Legislative Council; Sen. Steve Pierce, Co–Chairman of Legislative Council; Sen. Andy Biggs, Member of Legislative Council; Sen. Linda Gray, Member of Legislative Council; Sen. Lori Klein, Member of Legislative Council; Sen. Steve Yarbrough, Member of Legislative Council; Rep. Steve Court, Member of Legislative Council; Rep. Debbie Lesko, Member of Legislative Council; and Rep. Steve Montenegro, Member of Legislative Council, Petitioners, v. Honorable John REA, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent, Quality Education & Jobs Supporting I–16–2012, a registered Arizona Political Committee, Real Party in Interest. |
OPINION TEXT STARTS HERE
Arizona Legislative Council by Michael E. Braun, Kenneth C. Behringer, Michele J. Hanigsberg, Patricia A. Probst, Anthony Tsontakis, Phoenix, Attorneys for Petitioners Andrew Tobin, Steve Pierce, Andy Biggs, Linda Gray, Lori Klein, Steve Yarbrough, Steve Court, Debbie Lesko, and Steve Montenegro.
Perkins Coie LLP by Paul F. Eckstein, D. Andrew Gaona, Phoenix, Attorneys for Amicus Curiae We Build Arizona.
¶ 1 Quality Education & Jobs Supporting I–16–2012 (“the Committee”) challenged the Legislative Council's analysis of that initiative (“Proposition 204” or “the Act”), claiming that the analysis was misleading and not impartial. The superior court upheld that challenge in part and ordered the Council to revise or delete the analysis in certain respects. The Council then filed a petition for special action in this Court. On August 17, 2012, we issued an order accepting jurisdiction but denying relief, thereby upholding the superior court's order. This opinion explains our reasoning. 1
¶ 2 In a May 2010 special election, the people of Arizona approved a tax measure designated as Proposition 100. That proposition amended our state constitution to levy an additional, temporary one percent sales tax “for the purpose of raising state revenues for primary and secondary education, health and human services and public safety.” Ariz. Const. art. 9, § 12.1(A) (2010); see id. Historical and Statutory Notes. The temporary tax was imposed for three years and will automatically expire on May 31, 2013. Id.§ 12.1(B), (H).
¶ 3 In 2012, the Committee applied for and processed an initiative for the stated purpose of “renew[ing] the one-cent sales tax” to provide “dedicated funding” for various education, public safety, and transportation-related matters. The initiative's sales tax and the resulting revenues would not be subject to legislative reduction, revision, or fund sweeps. The Committee collected approximately 290,000 signatures to qualify the initiative to appear on the November 2012 general election ballot as Proposition 204.
¶ 4 The Legislative Council then undertook its statutorily required task of preparing an impartial analysis of the initiative. SeeA.R.S. § 19–124(B) (2012). After receiving a draft from legislative staff, the Council publicly met and considered the analysis. As amended and approved by the Council, the two-page analysis contained as its first paragraph the following:
Beginning June 1, 2013, Proposition [204] would permanently increase the transaction privilege tax and the use tax (“sales tax”) by one cent per one dollar. The proposition anticipates the tax increase to generate at least one billion dollars. The monies collected from the tax increase would be used for educational programs, public transportation infrastructure projects and human services programs as summarized below. Proposition [204] also would require the Legislature to annually increase specific components of the school finance formula. In addition, Proposition [204] would provide that the specified funding levels for the state's kindergarten-through-twelfth-grade and state university systems cannot be reduced below the levels for fiscal year 2011–2012 or 2012–2013, whichever is greater, that limits on school district bonds and overrides cannot be below those in effect for 2012, that vehicle license tax and related highway user revenues cannot be diverted for any other purpose and that the sales tax base cannot be adjusted in a way that causes the amount of sales tax collected to be less than the amount collected in the prior year, plus six per cent, unless there is a corresponding change in the tax base that results in no reduction in the amount of sales tax collected. The Legislature would not have the ability to adjust the new tax increase disbursements under any circumstances.
¶ 5 In listing how Proposition 204 would annually distribute the first billion dollars of “additional sales tax” revenues, the Council's analysis stated:
Fifty million dollars [would go] into the “university scholarship, operations and infrastructure fund”, to be distributed according to rules adopted by the Board of Regents. Between fifty and sixty per cent of the fund monies must be used to provide university scholarships to resident students based on financial need or academic achievement, and the remaining fund monies would be allocated to the three state universities for operating and infrastructure expenses based on performance in meeting goals set by the Board of Regents. The proposition fails to define who qualifies as a “resident” for purposes of the scholarships.
¶ 6 The Committee filed a special action in superior court to challenge portions of the Council's analysis. Among other things, the Committee alleged that the analysis was not impartial because it (1) misleadingly and repeatedlystated that the initiative would impose a “tax increase,” when the initiative's additional tax rate increment is identical to that imposed under the existing temporary sales tax approved by voters in 2010, and would take effect only when the existing tax expires on May 31, 2013; (2) inaccurately stated that under the initiative, “the sales tax base cannot be adjusted in a way that causes the amount of sales tax collected to be less than the amount collected in the prior year”; and (3) gratuitously pointed out that the initiative fails to define who qualifies as a “resident” for purposes of distributing university scholarship monies.
¶ 7 After admitting stipulated exhibits into evidence and hearing oral argument, the superior court ruled in favor of the Committee on the three points noted above. The court ordered that those challenged portions of the analysis must be revised or deleted. The Council's special action in this Court followed.
¶ 8 Subject matter jurisdiction in this matter is undisputed. See Ariz. Legislative Council v. Howe, 192 Ariz. 378, 382–83 ¶¶ 11–14, 965 P.2d 770, 774–75 (1998); Fairness & Accountability in Ins. Reform v. Greene, 180 Ariz. 582, 586–90, 886 P.2d 1338, 1342–46 (1994). As for special action jurisdiction, the Council's petition raises purely legal issues of statewide importance. See Cronin v. Sheldon, 195 Ariz. 531, 533 ¶ 2, 991 P.2d 231, 233 (1999) (). In addition, given the time constraints for preparation, printing, and mailing of the Secretary of State's publicity pamphlet, seeA.R.S. § 19–123 (2012), there is no “equally plain, speedy, and adequate remedy by appeal,” Ariz. R.P. Spec. Act. 1(a). Therefore, we accept jurisdiction of the special action. SeeAriz. R.P. Spec. Act. 1(a), 4(a), 7(b); Howe, 192 Ariz. at 382 ¶ 10, 965 P.2d at 774.
¶ 9 Under A.R.S. § 19–123(A)(4), the Secretary of State's publicity pamphlet, which is mailed to the households of all registered voters before the general election, shall contain “a legislative council analysis of the ballot proposal as prescribed by section 19–124.” In pertinent part, § 19–124 provides:
Not later than sixty days preceding the regular primary election the legislative council, after providing reasonable opportunity for comments by all legislators, shall prepare and file with the secretary of state an impartial analysis of the provisions of each ballot proposal of a measure or proposed amendment. The analysis shall include a description of the measure and shall be written in clear and concise terms avoiding technical terms wherever possible. The analysis may contain background information, including the effect of the measure on existing law, ... if the measure ... is approved or rejected.
A.R.S. § 19–124(B) (emphasis added).
¶ 10 “[T]he purpose of the required analysis is to assist voters in rationally assessing an initiative proposal by providing a fair, neutral explanation of the proposal's contents and the changes it would make if adopted.” Greene, 180 Ariz. at 590, 886 P.2d at 1346. “It is not the Council's function to assist either side.” Howe, 192 Ariz. at 383 ¶ 13, 965 P.2d at 775. The Council's objective, neutral role differs greatly from that of a measure's proponents and opponents, who will of course “advocate with arguments that, needless to say, may be anything but neutral expositions.” Id.; seeA.R.S. § 19–123(A)(3) (); A.R.S. § 19–124(A) ().
¶ 11 The Council correctly notes that substantial compliance with § 19–124(B) is the standard, Greene, 180 Ariz. at 589, 886 P.2d at 1345, and that the question is “whether reasonable minds could conclude that the Council met the requirements of the law, not whether we believe the judicial system could itself devise a better analysis,” Howe, 192 Ariz. at 383 ¶ 17, 965 P.2d at 775. But other principles set forth in Greene, Howe, and more recent cases also guide our...
To continue reading
Request your trial
-
Reed-Kaliher v. Hoggatt
...v. Superior Court, 132 Ariz. 468, 471, 647 P.2d 166, 169 (1982). A court abuses its discretion when it makes an error of law. Tobin v. Rea, 231 Ariz. 189, ¶ 14, 291 P.3d 983, 988 (2013). ¶ 11 The validity of the conditions prohibiting Reed–Kaliher from possessing or using marijuana for any ......
-
Compassionate Care Dispensary, Inc. v. Ariz. Dep't of Health Servs.
...However, a public officer "has no discretion to proceed arbitrarily." Ariz. R.P. Spec. Act. 3, State Bar Comm. Note; see also Tobin v. Rea, 231 Ariz. 189, 194, ¶ 14, 291 P.3d 983, 988 (2013) ("Misapplication of law or legal principles constitutes an abuse of discretion."). Thus, an action f......
-
State v. Bernini
...as non-dangerous in finding, over the state's objection, that Copeland was eligible to apply to have her conviction set aside.5See Tobin v. Rea, 231 Ariz. 189, ¶ 14, 291 P.3d 983, 988 (2013) (“Misapplication of law or legal principles constitutes an abuse of discretion.”). As addressed belo......
-
State v. Hartman
...be disturbed in his private affairs . . . without authority of law." Const. art. I, § 7; State v. Chacon Arreola, 176 Wn.2d 284, 291, 291 P.3d 983 (2012). "It is well established that article I, section 7 is qualitatively different from the Fourth Amendment and provides greater protections.......