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Arizona judge set to decide if a measure's description is misleading

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July 14, 2010

By Kyle Maichle

PHOENIX, Arizona: Maricopa County Superior Court Judge Robert Oberbillig has set a date to decide if an official description on Proposition 302 was misleading.[1]

The judge will decide on July 26, 2010, if he would approve a motion by the Arizona Early Childhood Development and Health Board which argues that Republican members on the Legislative Council wrote a misleading description on a proposition aimed at repealing the First Things First program.[1]

Attorneys for the Board claim that Legislative Council omitted administrative costs of the program along with failing to acknowledge that voters approved the funding mechanism for the program in 2006. That year, voters approved a 80-cent per pack cigarette tax to begin the program. Attorneys representing Legislative Council denied the claims by arguing that the description they wrote on Proposition 302 was legal.[1]

No matter who wins on July 26th, observers expect the case to be challenged all the way to the Arizona Supreme Court.[1]

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