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The Minnesota Supreme Court on Thursday denied a petition from several rural legislators, including Winona council member Tim Breza, arguing that the constitutional amendment language was misleading and should be stricken from the November ballot.
“I am disappointed that the court didn’t recognize the confusing language on the ballot,” Breza said. “Now citizens will be misled into thinking they’ll be voting for more money for roads.”
The court issued a one-paragraph ruling on the challenge and did not explain its decision; it plans to offer an opinion at a later date.
The amendment, if approved by a majority of voters Nov. 7, would funnel an additional $300 million annually to road and transit improvements once it takes full effect in 2011.
It would modify the state Constitution to use all revenue from motor vehicle sales taxes for transportation; the state currently uses about 54 percent, with the other percentage going to education, local government aid and other funding priorities.
Amendment opponents have argued that its language is deceiving and would give legislators the opportunity to use all the extra money for metro-area projects; it reads that “at least 40 percent” will be dedicated to transit, with “up to 60 percent” dedicated to roads.
Supporters acknowledge that the wording isn’t perfect but point out that the Legislature has typically funded transportation using the 60/40 split and would likely continue to.
David Kramer, Winona County’s highway engineer, has estimated that if the amendment is approved, the county could receive $4.4 million and the City of Winona $820,000 as it’s phased in over the next five years.
Breza, who filed the petition earlier this month along with Winona City Manager Eric Sorensen, Mayor Jerry Miller and others, said that regardless of the court’s decision, the petition helped educate voters on the amendment.
“It certainly raises the profile of the issue,” Breza said. “Maybe now voters will try to understand what’s on that ballot question.”
Brian Voerding can be reached at (507) 453-3514 or at bvoerding@winonadailynews.com.
