According to the plaintiffs, the state constitution prohibited citizens from enacting laws which the legislature cannot itself enact. Plaintiffs argued that the state constitution says that a tax can only be adopted by a two-thirds vote of the state legislature. On November 30, 2020, the Goldwater Institute filed a lawsuit on behalf of the plaintiffs in the Arizona Superior Court, arguing that Proposition 208 violated the Arizona Constitution because the ballot initiative authorized a tax. Francis Surdakowski, No on 28, and Arizona Free Enterprise ClubÄefendant(s): Arizona State Treasurer Kimberly Yee (R) and Director of the Arizona Department of Revenue Carlton Woodruff Plaintiff(s): State Senate President Karen Fann (R), Speaker of the Arizona House of Representatives Russell Bowers (R), State Senator David Gowan (R), State Senator Venden Leach (R), State Representative Regina Cobb (R), State Representative John Kavanaugh (R), Montie Lee of Lee Farms, State Representative Steve Pierce (R), Dr. Issue: Whether the initiative violates the Arizona Constitution by authorizing taxation outside the procedures prescribed in the constitution whether the initiative violates the state legislature's power to appropriate tax revenue
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