Cave Creek Unified School District v. Ducey
233 Ariz. 1
Ariz.2013Background
- 2000 voters approved Proposition 301, directing annual inflation adjustments to the base level of K-12 funding under §15-901.01.
- §15-901.01 creates a revenue control limit with a fixed base level and inflation adjustments through the base level and related components.
- SB 1007 and Proposition 301 were part of a package to increase and index education funding; the directive is framed as a voter-approved measure.
- HB 2008 (2010) funded only the transportation component, omitting full base level inflation adjustments mandated by §15-901.01.
- Cave Creek Unified School District and others sued the State and State Treasurer alleging HB 2008 violated the Voter Protection Act (VPA); the trial court dismissed, the Court of Appeals reversed, and this Court granted review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether voters could constitutionally direct the legislature to annually adjust the base level under the VPA | Cave Creek argues §15-901.01 is a valid, VPA-protected voter directive. | Ducey contends the voters cannot limit future legislatures via a statute. | Yes; voters may constitutionally direct annual inflation adjustments under the VPA. |
| Whether HB 2008 violated the VPA by effectively repealing or amending §15-901.01 | HB 2008 failed to provide full inflation adjustments, effectively repealing/amending §15-901.01. | HB 2008 did not repeal or amend; it simply funded one component. | HB 2008 violated the VPA by not delivering the full inflation adjustment and cannot be harmonized with §15-901.01. |
| Whether the VPA restricts repeal or amendment of voter-approved laws by the legislature | Voters’ directives are protected; the legislature cannot undermine voter-approved measures. | Legislature may modify laws unless prohibited by the VPA or constitution. | Yes; the VPA restricts repealing/amending/superseding voter-approved measures; it governs this scenario. |
Key Cases Cited
- Arizona Early Childhood Development & Health Bd. v. Brewer, 221 Ariz. 467 (Ariz. 2009) (sets limits of the electorate vs. legislature and contextualizes the VPA)
- Cox v. Superior Court, 73 Ariz. 93 (Ariz. 1951) (pre-VPA view on constitutional limits of legislative power)
- Tilson v. Mofford, 153 Ariz. 468 (Ariz. 1987) (legislative power of the people; quote on legislative prerogatives)
- UNUM Life Ins. Co. of Am. v. Craig, 200 Ariz. 327 (Ariz. 2001) (implied repeal/amendment concepts in harmonious statutory interpretation)