By Staff Reporter |
A judge ruled that a ballot measure to curb the influence of Arizona’s labor unions is unconstitutional.
The Maricopa County Superior Court issued its ruling on Friday against HCR 2040 because it included multiple subjects, and the Arizona Constitution requires ballot measures to contain a single subject. This has been the case since 2022, when Arizona voters approved a ballot measure making it a constitutional requirement for ballot measures to be limited to a single subject.
HCR 2040 was a legislatively referred constitutional amendment that would have prohibited school districts from using public funding and public resources to support labor organization operations, and prohibited the state and all its political subdivisions from negotiating with labor organizations.
“A school district employee has a right to negotiate the school district employee’s own terms and conditions of employment, including wages, benefits and working conditions,” stated the ballot measure. “This state or any political subdivision of this state may not negotiate with a labor organization or an exclusive representation agreement, collective bargaining agreement, memorandum of understanding, contract or other agreement regarding the terms and conditions of employment.”
If approved, the ballot measure would have effectively defunded teachers’ unions since they rely on school districts for dues collection. It would have also impacted pay negotiations for police and firefighters.
Democrats were against the ballot measure from the start. House Minority Leader Oscar De Los Santos (LD11) called it a “Republican attack” on first responders, educators, and unions.
Some Republicans, such as Rep. Matt Gress (LD4), agreed.
“At a time when public safety agencies face serious recruitment and retention challenges, our first responders must retain their ability to advocate for the resources they need to keep our communities safe,” said Gress in a statement.
Judge Greg Como ruled in Arizona Education Association v. State of Arizona that the ballot measure included two distinct prohibitions concerning labor unions: one applying to school districts and one applying to the state and its political subdivisions.
“While other provisions of HCR2040 address school districts, those provisions involve the use of public monies and resources to support labor unions,” said Como. “When the topic shifts to contracting with labor unions, the language takes a broader turn and applies to the state and ‘any’ political subdivision. As the provisions deal with separate prohibitions (use of public resources vs. contracting with unions), their context is different.”
Como ordered the secretary of state’s office to not include HCR 2040 on the 2026 General Election ballot.
Republican leadership within the Arizona legislature stated that they wouldn’t appeal the ruling.
HCR 2040 was floated amid negotiations between Republican lawmakers and the Arizona Education Association over the fate of the state’s school choice program, part of a plan by Republican gubernatorial nominee, Rep. Andy Biggs (AZ-05).
“I support a Biggs plan for a one-to-one ballot measure exchange — if the teachers union drops their anti-ESA measure, the Senate will repeal HCR 2040,” said Senate President Warren Petersen (R-LD14) in a statement last month.
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