Despite having turned in more than 111,000 signatures, opponents of expanding school vouchers for private and parochial school use may see their efforts ultimately quashed on a technicality.
Tim La Sota, one of the attorneys representing supporters of voucher expansion, has claimed all petition signatures are likely invalid because some of the people collecting names may not have registered correctly.
If State Elections Director Eric Spencer disagrees, La Sota's team plans to fight on the grounds that their opponents, Save Our Schools, used the wrong language where it referred to the "53rd legislature" in its documents.
La Sota has argued that reference is invalid, because the 53rd session is not completed until the spring of 2018.
Therefore, he told Capitol Media Services, "It just doesn't exist. I mean, it's no more a reality than is a unicorn."
In a preliminary review, Spencer, said he will not kill the referendum, but expects La Sota will raise the same argument with a trial judge.