Supreme Court Scales Back Future Initiative Challenges in Molera v. Hobbs

Today the Arizona Supreme Court issued in its full opinion in Molera v. Hobbs, the lawsuit challenging the 100-word summary accompanying petitions to qualify the Invest in Education initiative for the 2020 general election ballot. The opinion explains the Court’s reasoning for earlier ordering the initiative to be placed back on the ballot after aRead 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

AZ Federal Court Deals Crushing Blow to Lawsuit Aimed at Protecting 2020 Initiative Measures

On December 16, 2019 the Arizona Federal District Court issued an order dismissing First and Fourteenth Amendment challenges to Arizona’s initiative petition “strikeout” law and declined to enter a preliminary injunction enjoining the law. Thus the “strikeout” law will likely remain in play for the 2020 election cycle and continue to act as the principalRead moreRead more

The “Democracy and Accountability Initiative” Might Just Undermine Democracy

A newly-filed initiative measure will be pitched as a effort to reign in alleged self-dealing by lawmakers and empower voters to have a greater voice in Arizona affairs. But the effect on election officials likely will never get mentioned. Make no mistake about it: the Democracy and Accountability Act will wreak havoc on election administrationRead moreRead more

The New Primary Election Date Is . . . Unconstitutional?

According to a recent ruling from the Maricopa County Superior Court, it is unconstitutional to amend any word or phrase in any statute that is deemed to be incorporated into the Citizens Clean Elections Act—a public funding scheme for participating statewide and legislative candidates. A similar ruling could doom the new primary election date.