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ESA Reform Measure Proposition 212 Fails to Make Arizona Ballot
The court sent the measure back to a trial judge after ruling supporters had not shown signatures were subtracted twice, leaving it about 10,000 short.
On Tuesday, the Arizona Supreme Court sent the Protect Education Act back to trial court to finalize the signature count, disqualifying about 24,000 signatures and leaving the initiative likely short of the 255,949 required for the November ballot.
The Protect Education Act sought to reform the state's $1.2 billion Empowerment Scholarship Account program by capping eligibility for families earning over $150,000, with supporters arguing the program diverts critical funding from neighborhood public schools.
Justices upheld the disqualification of about 24,000 signatures, rejecting arguments that duplicate signatures were unfairly penalized, while voiding individual signature sheets containing improper addresses and affirming other measures cannot prevent initiatives from standing alone.
Pro-ESA groups, including the Goldwater Institute, celebrated the decision as a victory for school choice, while Protect Education Committee spokeswoman Olivia Fierro called the ruling a "loss for the people."
Political leaders signaled the battle over the ESA program will continue, with the future of school choice heavily influenced by 2027 legislative and gubernatorial control, as educators plan to dedicate the next 11 weeks to supporting reform candidates.