Arizona Secretary of State Michele Reagan on Thursday certified the results of a special election on school funding and police and fire pension measures.
Gov. Doug Ducey hailed the wins as victories for students and taxpayers.
But the formal canvass of the election results certifying victories for propositions 123 and 124 doesn't mean the battle over at least one is over.
Proposition 123 will boost funding for K-12 schools in large part by tapping the state land trust to help add $3.5 billion in new spending over 10 years. It narrowly passed with less than 51 percent of the vote.
The first lawsuit challenging the measure's legality has already been filed in federal court, asking a judge to rule that the land trust scheme is illegal. Treasurer Jeff DeWit is also asking Attorney General Mark Brnovich to weigh in on several aspects of the law -- including whether the federal Enabling Act that opened the door for Arizona's statehood allows voters to approve the boost in withdrawals from the state's permanent land trust.
Ducey on Thursday pushed back, saying the same adjustment in land trust distributions were made in 2012 and held up to legal scrutiny. The governor suggested that DeWit needs to back off.
"I think that any elected official that has the public's trust would want to be responsive to the will of the people," Ducey said. "The people voted yes and it's time to get these dollars to our teachers."
Ducey said he was backed by legal opinions he says show there's no need for changes to the Enabling Act to increase withdrawals from the land trust to nearly 7 percent a year. Ducey contends the $5.2 billion trust will still be larger at the end of 10 years even with nearly $2.2 billion in added distributions for schools.
DeWit notes in his letter seeking a formal opinion from Brnovich that the last changes to the federal law affecting the land trust requires that enough earnings be retained by the trust to account for inflation. He's asking Brnovich to weigh in on whether he and the trust investment board he leads can distribute the added money while lawsuits are pending. He also wants to know if charter schools can get the money as voters were told.
Proposition 124 lowered cost-of-living adjustments for police and fire pensions and will help the underfunded pension plan become solvent over the coming 20 years. It passed with more than 70 percent of the vote, and no challenges have yet emerged.
