Utah will vote on school vouchers next November, in a referendum that will cost $3.5 million to conduct. But using legal technicalities, legislators plan to make that vote meaningless.
As it now stands, if citizens vote for vouchers, Utah will have vouchers. If citizens vote against vouchers, Utah will have vouchers anyway. Vouchers go ahead no matter how citizens vote.
This legislative stratagem has trapped the State Board of Education. Attorney General Mark Shurtleff says the board is legally required to implement a voucher plan before the vote. That would force the board to become complicit with legislators in denying voters a choice, something most board members don't want to do.
Gov. Jon Huntsman's predicament is worse. Earlier, he said voters should decide. Then legislators told him of their backroom decision to keep voters powerless. Now, he asks legislators to abide by the voters' decision, and they refuse. He says the courts will have to decide. The governor of Utah is transformed into the front man for the backroom boys.
Acting by himself, Gov. Huntsman has a way to beat the legislative trick and make the vote decisive.
He should go to the state school board and ask it to implement vouchers. He should tell the board members he will campaign for this good voucher plan, as he said he would when running for office. If, however, citizens vote against vouchers, the governor should promise no money for vouchers in his budget, and a line-item veto for any legislative appropriation.
Remember, vouchers passed the House by only one vote. After a negative vote of the people, legislators could not override such a veto. Utah could issue no vouchers because there would be no money to pay for them.
Vouchers would then live or die by people's choice, not legislative trick.
Lawsuits have already begun, and lawyers argue over technical legal language. If the governor acts, technical language won't matter. Utahns will understand the clear meaning: If they vote for vouchers, they get vouchers; if they vote against vouchers, vouchers will die.
Utahns listen to their governor; his power grows as decisions move out of backrooms into public light. If he speaks for vouchers, they will likely win the vote. Without him, their chances diminish.
So voucher advocates would applaud the governor because they would need him. The school board would follow the governor because he offers a way to act responsibly, avoid lawsuits and escape the legislative trap. Voucher opponents would applaud the governor because he gave them a fair chance and an honest vote.
All Utah would see the governor act to restore the rightful power of voters to choose.
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* ROD DECKER reports news for KUTV.
