Several years ago, Jeb Bush and Florida Republicans created the nation’s first state-wide voucher scheme, disregarding language in the state Constitution that prohibits state funds from going to private religious schools and institutions. The program sparked a lawsuit, and the voucher system was struck down by the Florida Supreme Court.
So, before Republicans and voucher proponents in Florida can give this another shot, they’ll have to change the wording of the state Constitution. That’s not exactly easy — constitutional amendments require the support of Florida’s voters, and a clear majority of the state opposes vouchers. (A recent poll found only 38% of Floridians think vouchers are a good idea.)
How do conservatives get voters to change the state Constitution to allow for a program voters don’t want? By putting initiatives on the ballot that obscure their true meaning.
Two of the constitutional amendments on this fall’s lengthy presidential ballot are described to voters the following way:
No. 7: “Religious freedom.” No. 9: “Requiring 65 percent of school funding for classroom instruction; state’s duty for children’s education.”
Here’s a pop quiz: How many of you just guessed from the amendments’ official titles that they are intended to invalidate a 2006 Florida Supreme Court and separate appellate court ruling against school vouchers?
If the actual purpose eluded you, then the Florida Taxation and Budget Reform Commission would be pleased. The intent behind the baldly political game commissioners played in putting two school voucher issues on the ballot was obvious: Get voters to approve vouchers without knowing they did.
The Florida Taxation and Budget Reform Commission, of course, is stacked with voucher advocates who bypassed the legislature and placed these initiatives on the ballot directly. (The leading proponent on the commission is Patricia Levesque, Jeb Bush’s former deputy chief of staff, the executive director of his foundation, and a graduate of Bob Jones University.)
What we’re left with is a situation in which conservatives have a choice: con voters or convince voters. In Florida, they’re going with the prior. It is easier, I suppose.
Amendment 7 is titled “Religious freedom.” Who’s against religious liberty? Amendment 9 mandates 65% of school funding go to classroom instruction. Who’s in favor of high overhead and salaries? (That Florida schools already meet the 65% standard seems irrelevant.)
As long as voters overlook the fine print, Floridians would end up passing a voucher scheme — even though they don’t want one.
I mention this in part because I’m frequently impressed by conservatives’ capacity for duplicity, but also because the Florida Taxation and Budget Reform Commission, which pushed these amendments onto the statewide ballot, probably doesn’t actually have the authority to force education-related amendments before voters. That is, at least, the basis for a lawsuit filed Friday.
The lawsuit asserts that the Commission exceeded its authority by approving both ballot amendments and that Amendment 9 is worded in a misleading manner.
Under the Florida Constitution, the Commission meets once every 20 years to discuss budget and tax issues and has the power to place amendments on the ballot dealing only with that narrow set of issues.
The lawsuit asserts that in approving the ballot initiatives, the Commission “exceeded its authority under Article XI, section 6, of the Florida Constitution by proposing constitutional amendments that do not deal with the subjects of ‘taxation or the state budgetary process.'”
I’ll let you know what happens.