PHOENIX — Secretary of State Adrian Fontes acted illegally in telling voters that if they approve Proposition 145 they also will be killing Proposition 212 and its voucher reforms, whether they vote for that other measure or not, a judge ruled Friday.
Maricopa County Superior Judge David McDowell said Fontes is required by law to prepare language describing what would be the effect on the state of each of the measures going to voters in November. That description goes on the actual ballots that are mailed to voters or given to them when they show up at polling places.
McDowell acknowledged that Proposition 145, which is designed to constitutionally protect forever the ability of children in military families to get Empowerment Scholarship Accounts, also has a provision that, if approved, nullifies any other measure in its entirety that affects those vouchers.
