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Updated 11/15/2012 09:53 AM

Federal judge hears arguments in Prop 1 lawsuit

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Martha Schumacher did not vote for Central Health’s Proposition 1 last Tuesday. She's afraid the tax hike involved is too great.

"It's going to push me out of my home," she said.

But the majority of Travis County voters did not agree.

Central Health’s Proposition 1 passed at the polls, but that hasn’t stopped the Travis County Taxpayers Union Special PAC from fighting it in court.

A federal judge heard arguments on their lawsuit Wednesday.

The attorney for the Travis County Taxpayers Union, Stephen Casey, said the ballot’s language “cheerleaded” voters toward voting yes and was especially confusing to minority voters.

"They may have a challenged time with ballot language that is broad and expansive," Casey said. "We're asserting a claim under the Voting Rights Act.”

Central Health's attorney says that claim is condescending.

"The part of the ballot that they're challenging is very factual in nature,” attorney Jim Cousar said. “It just provided information to the voters about if you approve the ballot measure this is how Central Health intends to spend your money."

As for Schumaker, she suggests spreading the tax hike out over several counties.

"They haven't even involved other counties that will use this. It's only Travis County," she said.

Federal Judge Lee Yaekel will rule on the lawsuit by the end of the day Thursday.

The Central Health tax increase would not go into effect until October 2013.