Protect Education Act fails to qualify for November ballot

August 19, 2026 - 04:31

Arizona voters will not see a proposed overhaul of the state's Empowerment Scholarship Account program on the November ballot. The Arizona Supreme Court ruled on Monday that the measure, known as the Protect Education Act, failed to qualify due to a procedural issue with the signature count.

The court's decision upholds a lower court ruling that found the campaign behind the initiative did not submit enough valid voter signatures. Organizers had hoped to let voters decide on significant changes to the ESA program, which provides public funds for private school tuition and other educational expenses. The proposed act would have required stricter income limits for new applicants and mandated that families use state funds only for approved educational purposes.

Supporters of the measure argued that the current program lacks accountability and has grown too costly for the state budget. They expressed disappointment with the ruling, stating that the court's interpretation of signature rules was overly technical. Opponents of the act, including school choice advocates, welcomed the decision, saying it protects parental freedom in education.

Because the measure will not appear on the ballot, the existing ESA program remains unchanged for now. Lawmakers on both sides of the issue say the fight over the program's future is likely to continue in the next legislative session.