By the Arizona Free Enterprise Club |
Every election cycle, out-of-state special interests spend millions trying to put their bad ideas onto our ballot. Because these groups do not understand our laws or our constitution, the measures they peddle are poorly drafted and are often unworkable or illegal. In some instances, they do know better but don’t seem to care that their proposed measure is unconstitutional.
For example, in 2020, two out-of-state groups collected signatures to put the largest tax hike in state history on the ballot. Nonpartisan attorneys at legislative council told them prior to gathering any signatures that their measure was unconstitutional. They didn’t care. After a multi-million-dollar campaign that resulted in the measure passing by a slim margin, the Arizona Supreme Court ruled the initiative unconstitutional a year later.
Why was it on the ballot in the first place, if it was so clearly unconstitutional? The courts have long held that they currently do not have the power to consider any challenges to the constitutionality of a measure before it is passed on the ballot. The only challenge that can be brought is against the signatures filed with the Secretary of State, or for a violation of the single subject or separate amendment requirements.
But if an out-of-state group is trying to put a measure on the ballot that is clearly unconstitutional, like statutorily exempting a tax hike from a constitutional spending limit, as Prop 208 tried to do, a challenge is not considered “ripe.” Instead, costly campaigns are run on both sides, and only after voters have been presented with a broken measure can a challenge be brought.
Prop 136 changes that…
