By Councilwoman Betty Janik
Prop 490, the sales tax measure to protect and preserve open space, will be on the November Ballot. It has been a tortuous path. The Goldwater Institute filed suit late in the game on behalf of Mayor Lane, Yvonne Cahill, and Susan Wood to block it from the November ballot alleging misleading information. The lower court ruled in favor of Scottsdale. However, upon appeal by the Goldwater Institute, the court subsequently ruled in favor of Mayor Lane et al. The courts gave the City the opportunity to adjust the language based on the court’s recommendation. The county also gave approval for this action. Our legal staff made the recommended changes to the ballot language. Council approved the new language at an open meeting on August 20 at 2 pm. I believe the language is clear and improved. Our citizens will now have their voices heard in November.
There were concerns about the pamphlet statements in light of the changes. The statute being quoted about the 90-day requirement for ballot arguments applies to citizen initiatives or citizen referendums (for example Prop 420) not to this type of ballot measure. The City is not in violation of any legal requirement and worked to do the equitable thing by allowing those who submitted ballot arguments the ability to make revisions in light of the ballot language change. It doesn’t matter how hard the City tries or what it does, there will always be a group that is trying to find fault with these actions.
City Clerk’s office contacted the individuals who submitted ballot arguments and offered them the opportunity to revise and resubmit.