(The Center Square) – A lawsuit that could have knocked Gov. Jeff Landry’s signature tax reform initiative, Amendment 2, off the ballot was dismissed by the Louisiana Supreme Court late on Tuesday.
In the case of Calhoun vs. Nancy Landry, the court said in its decision that the ballot proposition was not misleading or biased in the manner that the Legislature proscribed.
The justices also said voters and not the courts should decide the issue and that the initiative had been adequately and legally presented to voters.
Time was critical in the case. Early voting started this past Saturday and in-person early voting begins on Saturday of the coming weekend.
“We find the ballot language for the proposition at issue is framed in ‘simple, unbiased, concise, and easily understood language,'” the unsigned decision said. “There is no requirement that every detail of the proposition be stated on the ballot.
“The state’s voters have access to the entire legislative bill giving all the details of the proposed constitutional amendments on the state Legislature’s website. The effect of the proposed changes is a subject for debate beyond the purview of this court.”
The lawsuit was filed by three plaintiffs, the Rev. Willie Calhoun Jr., Jacob Newsom and Amy Hession, saying the ballot language was misleading and inaccurate. They also said the permanent teacher pay raise language in the referendum didn’t provide for a salary increase but only an extension of an existing stipend that had been in place for several years.
If Amendment 2 becomes a part of the state’s constitution, it would require a supermajority for tax legislation; would reduce the state’s top income tax rate from 4.25% to 3.75%; would modify the state’s property tax exemption program; would freeze the sales tax exemption on food; adjust severance and cigarette tax rates and make permanent a pay raise for the state’s teachers.
