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
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
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
Late last night, Democrats in the U.S. House of Representatives introduced an emergency supplemental appropriations bill entitled the “Take Responsibility for Workers and Families Act” to address the COVID-19 crisis. Interspersed among various health and economic stabilization measures, however, are several election-related mandates that would override state and local control of elections. These include requirementsRead moreRead more
UPDATED: this post has been eclipsed by ever-changing circumstances. Follow the post at azelectionlaw.com/index/?p=294 for updated information. Last week the Secretary of State’s Office notified federal, state, and legislative candidates of the option to file their nomination petition signatures by certified mail. According to an email from the Elections Division, the new filing procedure reflectsRead moreRead more
Candidates may think that filing a “statement of interest” by January 2, 2020 renders all their prior nomination petition signatures immune from challenge. Candidates should think twice about that.