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ELMIRA, N.Y. -- The New York State United Teachers union has filed a lawsuit against the state to protect school districts from unfair cuts.

The union argues the two percent tax cap enacted in June of 2011 is unfair to rural districts because they are unable to raise funds to pay for schooling.

NYSUT also defends the notion of 'one person, one vote,' arguing that the 60 percent supermajority required to override is unconstitutional.

Under the tax cap, a resident who casts a ballot in favor of exceeding the tax cap has only two-thirds the voting power of one who votes against the proposal.

"If the majority in the local community vote for a budget to pass, then that should be what happens instead of the state coming in and saying, well here's the cap and you have to have 60 percent not a majority to have it," said NYSUT Regional Staff Director Catherine Klein.

Two of the plaintiff's in the case live in the Elmira City School District and one also teaches there.