FL Supreme Court Shows Reasoning in Striking Voucher Amendments
Via Melissa Rogers, the Florida Supreme Court has released their opinion explaining the order that removed controversial school voucher amendments from the November ballot. The ruling determines that the state's Taxation and Budget Reform Commission exceeded its authority in submitting the measures. But in a concurrence, Judge Lewis also tackles the question of the misleading title, which hid the fact that a voucher system was at stake.
The title completely fails to mention that proposed Amendment 9 eliminates existing Florida law that a statutory “voucher program” is contrary to the constitutionally-required “uniform, efficient, safe, secure, and high quality system of free public schools.” I recognize that the ballot summary mentions this effect of the proposed amendment. However, a limited, restrictive title which touts one effect of a proposed amendment, but totally fails to mention a very significant effect of that amendment, is inherently misleading. Voters who read the ballot title would be misinformed with regard to the full scope of proposed Amendment 9.You can read the decision here.