(The Center Square) – Voters could be left holding an empty bag if they are in favor of the proposed Amendment 2 to Louisiana’s constitution, after a judge ruled that a lawsuit challenging it can move forward.
“The plaintiffs continue to try to create confusion where there is none,” Attorney General Liz Murrill said in a statement. “The law indisputably prohibits lawsuits like this. We believe the judge got this wrong.”
Murrill said her office will seek emergency relief from the Louisiana Supreme Court.
Opponents of the amendment, to be voted on March 29, we’re seeking a preliminary injunction, which would have kept the amendment off the ballot. Judge Julie Hines refused that request, but would not throw the case out altogether.
Instead, the lawsuit will be sent to the First Circuit Court of Appeals, where a judge will now rule on whether the amendment takes effect. In other words, voters may vote for an amendment that ends up being invalidated.
“Even if the voters approved this [amendment] in the election, courts can later say this was illegal, this was unconstitutional, and it should not take effect,” Attorney William Most, who brought the lawsuit, said.
Plaintiffs argue the ballot language is misleading and fails to adequately inform voters of the measure’s full impact.
The lawsuit, filed by two teachers and a pastor, alleges that the amendment bundles multiple policy changes into a single measure, violating state law. The amendment proposes tax reforms, including lowering income tax rates, modifying deductions for seniors, eliminating certain constitutional protections for church property, and restructuring funds for education and other state programs.
Most said the court’s ruling is a victory for transparency.
“The judge was absolutely clear that this case will not be thrown out based on the arguments of the Attorney General and the Secretary of State at this stage,” Most said. “The ballot language is fundamentally misleading. It does not tell the voters the truth about what they’re being asked to vote on.”
The case is expected to reach the First Circuit Court of Appeal before the election date, on March 20, where the state will continue its efforts to block the lawsuit.
Should the court ultimately rule against the amendment, it could derail Landry’s broader tax reform agenda.
