Judge: First Things First ballot language is impartial

A Maricopa County Superior Court judge decided Monday against changing the description of a ballot measure that aims to eliminate a voter-approved program for early childhood development and sweep its money.

Attorney Rhonda Barnes, who represents The Arizona Childhood Development and Health Board, also known as First Things First, said the group will not appeal the ruling of Judge Robert Oberbillig.

The board sued lawmakers who make up the Republican-led Legislative Council July 7, arguing that the ballot description for Proposition 302, which will be printed in a voter publicity pamphlet, was not an “impartial analysis” as required by law and it was calculated to get voters to approve the measure and get rid of the program.

Oberbillig ruled from the bench after a morning hearing and issued a minute entry later.

“For the reasons stated on the record, this court finds that the Legislative Council’s description of HCR 2001 is sufficiently neutral, accurate, not argumentative, and not misleading so as to be a reasonable “impartial” analysis as required by A.R.S. 19-124(B),” Oberbillig wrote.

According to Barnes, Oberbillig said on the bench that it was a close call, but he decided it was not his role to re-write the language.

The board had argued in legal documents that the council’s language “disproportionately emphasizes the administrative requirements for the fund, which account for no more than 10 percent of the monies allocated to the fund, rather than the fund’s programs and grants, which must account for 90 percent of the monies as required,” by law.

The Legislative Council approved the language on June 23 and the language of nine other ballot measures that will be on the Nov. 2 ballot.

Voters approved First Things First in 2006. The 2006 measure established an 80-cents-per-pack tax on cigarettes sold in the state to fund the program, which was designed to provide early-development programs for children from birth through age 5.

The legislature in March passed HCR2001, which seeks to disband First Things First and redirect its $325 million into the general fund to be appropriated for health and human services for children.

Rep. Steve Farley, a Democrat from Tucson and a member of the Legislative Council, said Republicans are misleading voters by leaving out the program’s common name of First Things First, which the public is more familiar with.

He said that by withholding the name, Republicans are keeping from voters the fact they are being asked to repeal a program they approved in 2006.

Peter Gentala, House Majority general counsel, said the judge’s ruling was consistent with the vote of the council and the understanding of its members, including House Speaker Kirk Adams, a Mesa Republican who chairs the council.

“The speaker believes the language was consistent with the requirement of the statute,” Gentala said.
So long as there are no misstatements or exaggerations, the courts have been careful to leave some discretion to the drafters, Gentala said.

Prop. 302, as adopted by the Legislative Council:
1. Redirect the ongoing tobacco tax revenues that are currently deposited in the Early Childhood Development and Health Fund for deposit in the state general fund, to be separately accounted for and appropriated for health and human services for children.
2. Transfer any remaining uncommitted Early Childhood Development and Health fund monies to the state general fund on December 1, 2010.
3. Terminate the Arizona Early Childhood Development and Health Board on December 1, 2010.
4. Repeal the Early Childhood Development and Health program statutes on June 1, 2011.

The Early Childhood Development and Health Fund consists of revenues generated by an $.80 per pack tax on tobacco products and donations and state appropriations. The fund is administered by the Arizona Early Childhood Development and Health Board and is required to be used for the following purposes:
1. Funding central and field offices, employing staff and establishing and appointing regional partnership councils, which make funding recommendations to the board.
2. Disbursing monies for programs and grants that increase the quality of and access to early childhood development and health services for children up to five years of age and their families.