9th Circuit Refuses to Enjoin Arizona’s Initiative Strikeout Law

Today the 9th Circuit Court of Appeals affirmed the denial of a preliminary injunction sought with respect to Arizona’s “strikeout” law, which requires a court to invalidate any initiative petition sheets collected by a circulator who is subpoenaed for trial and does not appear.  The blog has previously covered the strikeout litigation here. Today’s order expressedRead moreRead more

Supreme Court Clarifies Recall Election Threshold For Many Cities/Towns

Today the Supreme Court issued its opinion in Morrissey v. Garner, a recall case out of the Town of Payson. The Court ruled in Morrissey’s favor late last year, and today’s opinion provides the full reasoning behind the Court’s decision. The case stemmed from a 2019 effort by Unite Payson to recall Mayor Tom Morrissey. Read moreRead more

UPDATED: Initiative Lawsuit Seeks to Cure Alleged Constitutional Violation using Potentially Unconstitutional Remedy

Last week, several initiative campaigns filed twin lawsuits in the Arizona Supreme Court and Arizona Federal District Court alleging unconstitutional burdens on their ability to campaign, and therefore sought access to the Secretary of State’s “E-Qual” system to electronically collect initiative petition signatures for the next few months. It makes sense why the campaigns wouldRead moreRead more

Nomination Petition Challenges: Top 20 Signature Deficiencies To Spot

Candidate signatures are finally in, and you’ve probably thought about pulling your opponent’s petitions to see if he or she might be vulnerable to a legal challenge.  The decision whether to request those petitions is often based on the opponent’s signature margin; that is, the percentage cushion between the required signatures and number of signaturesRead moreRead more

Candidate Filing Wrap-Up: Who’s Safe and Who’s Vulnerable

The candidate filing deadline has passed in Arizona.  With a hat tip to The Yellow Sheet for being first to publish, here is the current list of federal, statewide, and legislative candidates as of 4:30 p.m. on April 7th. For the Legislature, the most vulnerable candidate might be Ronnie Maestas-Condos with a mere 20 signatureRead moreRead more

UPDATED: 10 Tips for Candidates as the Nomination Petition Filing Deadline Approaches

The April 6, 2020 deadline is fast approaching for candidates to file their nomination petition signatures. The petition filing deadline is statutory and cannot be moved by the filing office. If you were counting on the Arizona Legislature moving the filing deadline in light of the COVID-19 crisis, or relaxing the required number of signatures,Read moreRead more