By Daniel Stefanski |
Arizona Senate Republicans won a legal challenge to keep their border security ballot measure on track for voters to decide its fate in the November General Election.
Last week, a Maricopa County Superior Court judge issued an order on an effort to stop HCR 2060 from being considered by state voters this fall, “denying applications for preliminary applications for preliminary injunction and declaratory judgment relief” in Living United for Change in Arizona v. Fontes.
In his order, Judge Scott Minder wrote, “Arizona’s constitution requires HCR 2060 to ‘embrace but one subject and matters properly connected therewith.’ HCR 2060 is intended to refer ‘responses to harms relating to an unsecured border’ to the people of Arizona for the November 2024 ballot. In this challenge, Arizona law requires Plaintiffs to overcome the strong presumption that the act is constitutional. Because a natural connection exists, i.e., all provisions are ‘responses to harms relating to an unsecured border,’ Plaintiffs have not met their burden to show a violation. Absent other challenges, the policies of HCR 2060 should be left to the voters.”
Judge Minder ruled “in favor of the defendants on all counts because the parties agreed to combine the trial on the merits with the argument for the preliminary injunction applications.”
Arizona Senate President Warren Petersen issued the following statement after the superior court judge ruled: “It’s unthinkable Democrats and our Governor would stand with Biden and radical left activists, instead of the hardworking Arizona families who are begging for their elected leaders to secure our border and promote safety within our communities. As expected, the court ruled in favor of sanity instead of chaos, and we’re grateful we are able to provide this opportunity to voters to have the final say on.”
“My colleagues and I worked tirelessly this session to create impactful legislation to help secure our border because the people of Arizona are desperately asking for it,” said Senator Janae Shamp. “The attempts from Arizona Democrats and radical left activists to deprive voters of the opportunity to decide on this matter is truly appalling. From the spreading of misinformation to the filing of frivolous lawsuits, they will stop at nothing to keep our border wide open and perpetuate Biden’s border crisis. The federal government has neglected the safety of our citizens, and the time has come to empower Arizonans to fight back against the tyranny. I wholeheartedly believe the Secure the Border Act will save countless lives, save billions in taxpayer dollars, and strengthen our national security.”
“While the Biden Administration continues to turn their backs on our law enforcement, we will not,” said Senator David Gowan. “These men and women are putting their lives on the line to protect our communities from the deadly crimes associated with the border crisis, and they deserve the tools and support they need to do their job. Our law enforcement reached a breaking point a long time ago. It’s now up to everyday Arizonans to stop the lawlessness.”
Last month, former President Donald J. Trump was asked about this ballot measure. He replied, “I endorse anything that is going to make it more difficult for people to come into our country illegally.”
Earlier this month, HCR 2060 was assigned a proposition number for the General Election ballot. It will be Prop 314.
The efforts from Arizona legislators to send this referral to state voters came months after Governor Katie Hobbs vetoed SB 1231, the Arizona Border Invasion Act, which would have “ma[de] it unlawful for a person who is an alien (unlawful immigrant) to enter Arizona from a foreign nation at any location other than a lawful port of entry and outline[d] penalties for violations of illegally entering Arizona and provide[d] immunity from civil liability and indemnification for state and local government officials, employees and contractors who enforce this prohibition” – according to the purpose from the state Senate.
Senator Janae Shamp, the sponsor of SB 1231, had vowed in the aftermath of the governor’s veto that members of her party would continue to push forward solutions to combat the border crisis. Republicans in both the Arizona House of Representatives and Senate came together to pass HCR 2060 earlier this spring, sending the border-related policies to the November General Election ballot.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
