arizona supreme court
Arizona Supreme Court Stuns With Prop 140 Ruling

October 9, 2024

By Daniel Stefanski |

After a lengthy court battle, a ballot measure involving a major change to Arizona’s elections system will be considered by voters in the upcoming November General Election.

Late last week, the Arizona Supreme Court finally dismissed the challenge to Proposition 140, the Make Elections Fair Arizona Act. The court simply released its decision order, promising an explanation later. All the justices on the court supported the ruling.

The Arizona Free Enterprise Club, which spearheaded the challenge to the legal validity of the proposition, was disappointed in the result from the court. Scot Mussi, the President of the conservative organization, said, “We are disappointed in the ruling of the court on this matter. Our organization proved that the special interest groups attempting to hijack Arizona’s elections systems lacked the minimum number to qualify for the ballot to even be considered by voters in November. The special master in this case also ruled that 99% of the signatures in question should be disqualified. The committee behind the measure was aware of the duplicates, yet they obstructed and delayed the review of the duplicate signatures for over a month.”

Sarah Smallhouse, Chairperson of the Make Elections Fair Committee, said, “The Make Elections Fair Committee is thrilled with our latest victory for Prop. 140 before the Supreme Court. 32 days from now we will celebrate again when all Arizonans are liberated from the grip of partisan primary elections. It’s time to move forward. It’s time for open primaries in Arizona.”

“Our opponents engaged in blatant attempts to manipulate the system, undermining the democratic process with misleading tactics. This deliberate misconduct was rightfully rejected by the courts, ensuring that Arizona voters were not disenfranchised. The court’s decision upheld the integrity of our elections and protected the right of every voter to have a fair and transparent choice,” said Chuck Coughlin the campaign treasurer.

According to the Make Elections Fair PAC, Prop 140 would do the following if it is approved by Arizona voters: “Eliminates taxpayer funding for partisan elections; All candidates can run and will appear on the same ballot; Same signature requirements for all candidates; No funding for Partisan Presidential Primary unless unaffiliated voters are included; Every voter can participate in every election.”

The Arizona Free Enterprise Club has a different perspective on the ballot measure. In a press release, the Club stated that Prop 140 would do the following if enacted:

  • “Allows one politician, the Arizona Secretary of State, to decide how many candidates qualify for the general election ballot for every single contest, including his or her own race
  • Would result in some races where candidates from only one political party appear on the general election ballot
  • Would force voters to navigate two completely different voting systems on the same ballot, with some races requiring voters to rank candidates and others that do not
  • Will increase tabulation errors, create longer lines at the polls, and significantly delay election results.”

A couple of Arizona political parties weighed in on the official inclusion of Proposition 140 for voter consideration. The Republican Party of Arizona posted, “ACTION ALERT The awful California style Ranked Choice Voting measure DISGUISED as an ‘open primary’ will appear on AZ ballots. We need EVERYONE to join us on the NO ON PROP 140 campaign to Save Arizona.”

The Arizona Libertarian Party agreed, writing, “The AZLP approves this message. Prop 140 could effectively kill third-party and independent candidates. Vote no!”

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.

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