Measure 2 Back in Court | Video

Jessica Roose | 6/5/2012

In April, a district judge heard and threw out a case involving Measure 2 and whether elected leaders had spread false information about a measure that would eliminate property taxes. Tuesday, the issue resurfaced in the states highest court. The hearing lasted about an hour and the justices peppered the attorneys with questions over not just the issue of false information but also whether an elected official can advocate an opinion on a ballot measure.

It only took a second before the justices started questioning attorney Lynn Boughey, who represents Empower the Taxpayer, after he claimed that he represents all 28,000 people who signed the petition to get Measure 2 on the ballot.

"That was in the petition that they signed?" asked Justice Dale Sandstrom.

"No your honor, but again, I think-" Boughey said.

"You just induced that they intended that?"

"They believe they represent those 28,000 people in attempting to present the issue."

Boughey claims that Tax Commissioner Cory Fong and other elected officials have advocated a position on the measure. He says it`s a violation of the Corrupt Practices Act, which keeps elected officials from using public funds to advocate on a ballot issue.

"The idea is, when you read through the legislative history, the idea is the government should not be arguing something that the people are attempting to change."

"Your interpretation would say that elected officials surrender their first amendment right on classic political questions. The most protected area under the first amendment," Sandstrom said.

Boughey also claims that officials discussing the measure have spread false information about the impacts, it would pass next week.

Attorneys for the defendants say they are just doing what they should do in their capacity of their position.

"Isn`t the attachment from Commissioner Fong produced with state funds?" asked Justice Carol Kapsner.

"Again, that is a factual question and Commissioner Fong has been asked several questions about the potential implications of Measure 2 and he has to be able to respond to that," said Assistant Attorney General Kirsten Franzen.

They say the purpose of the lawsuit is to shut down discussion over the measure.

Measure 2 will be decided on by the voters in one week. As far as the lawsuit, it is now up to the five justices who will be meeting privately to discuss the issue.

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