How do you waste $15 million? Just ask the folks over at the Make Elections Fair Committee. Last week, their insane attempt to force a California-style elections system of ranked choice voting and jungle primaries went down in flames. Prop 140 failed miserably with nearly 60 percent of the electorate voting “No.” And it wasn’t for lack of funding.
With a huge amount of money coming from the pockets of out-of-state billionaires, the Make Elections Fair Committee spent at least $15 million—giving them a 20:1 spending advantage. That’s right. For every $1 spent trying to defeat the initiative, the Prop 140 committee spent $20 trying to pass it! And they still lost by a wide margin!
That’s legendary. If any business idea ever failed that badly, it would be banished and never spoken of again. And that’s exactly what should happen with ranked choice voting and its ugly cousin jungle primaries (which was already overwhelmingly rejected by Arizona voters back in 2012)…
On Friday, the Arizona Free Enterprise Club (AZFEC) filed a lawsuit against the State of Arizona, Secretary of State Adrian Fontes, and the ‘Make Elections Fair’ political committee. The group is challenging the initiative to place open primaries, ranked choice voting, and the elimination of public funding in partisan elections on the November ballot as a single item. The AZFEC, along with three co-plaintiffs, is contesting the constitutionality of The Make Elections Fair Arizona Act, on the basis that it violates the Arizona Constitution’s “Separate Amendment Rule,” which prohibits multiple constitutional amendments from being combined into a single ballot measure.
In a press release, the Arizona Free Enterprise Club explained, “If placed on the ballot and approved by voters, the Make Elections Fair Arizona Act would radically change how Arizonans select and approve candidates for public office, essentially copying the California voting system.”
Broken down under the premise of the “Separate Amendment Rule,” the Make Elections Fair Arizona Act constitutes twelve separate amendments according to the AZFEC. The act touches three disparate areas of Arizona election law, directly amends four different sections of the Arizona Constitution, and adds an entirely new section, whole cloth.
🚨 BREAKING: We just filed a lawsuit against the Make Elections Fair Arizona Act (which would essentially copy the California voting system) because it contains multiple separate constitutional amendments in violation of the Arizona Constitution. 🧵https://t.co/SZdu3h3aRV
— Arizona Free Enterprise Club (@azfec) July 26, 2024
Scot Mussi, President of the Arizona Free Enterprise Club said in the release, “In their rush to undermine the will of Arizona voters for future elections, the special interests that drafted this measure ignored our laws and our Constitution. This egregious disregard for law and order exudes arrogance from these parties and should disqualify their measure from the November ballot.”
In the text of AZFEC’s complaint, attorneys for the organization cited, “Article XXI, Section 1 of the Arizona Constitution, which states that “[i]f more than one proposed amendment is submitted at any election, the proposed amendments shall be submitted in such a manner that the electors may vote for or against such proposed amendments separately.” They added that, in past precedence, the Arizona Supreme Court has upheld that “the purpose of the single-subject rule is to eliminate the ‘pernicious practice of “log-rolling,'” whereby voters are ‘forced, in order to secure the enactment of the proposition which [they] consider[] the most important, to vote for others of which [they] disapprove[],’” the process of packaging a proposition the voters might support with others they may not.
As detailed in the release, even the drafter’s website readily acknowledged that the initiative included multiple amendments in the no longer online section: “Initiative Language” by presenting the amendments in four distinct categories in a format showing each issue as a “Current Problem” and a solution labeled “MAKE IT FAIR.”
ARIZONA FREE ENTERPRISE CLUB V. STATE OF ARIZONA and ADRIAN FONTES §104 ( About Page, MAKE ELECTIONS FAIR ARIZONA, https://www.makeelectionsfairaz.com/about (last visited July 24, 2024).ARIZONA FREE ENTERPRISE CLUB V. STATE OF ARIZONA and ADRIAN FONTES §104 ( About Page, MAKE ELECTIONS FAIR ARIZONA, https://www.makeelectionsfairaz.com/about (last visited July 24, 2024).
In the complaint, the plaintiffs appeal for relief in the form of a declaration from the court that the initiative is in violation of the Arizona State Constitution, and a request for a mandamus order to compel Secretary of State Adrian Fontes to carry out his “nondiscretionary duty to comply with the Separate Amendment Rule set forth in Article XXI, Section 1 of the Arizona Constitution.”
As reported by the Arizona Mirror, the Make Elections Fair Arizona Act has already been the subject of a legal battle between the Make Elections Fair Arizona political action committee and Arizona Legislative leaders, House Speaker Ben Toma and Senate President Warren Petersen, regarding the descriptive language of the initiative on the November 2024 ballot.
The description in question reads, in part, that the proposition, “would amend the Arizona Constitution to: 1. Allow for the use of voter rankings at all elections held in this state to determine which candidate received the highest number of legal votes,” continuing to break down the revisions to the primary election and general election procedures.
Attorneys for the PAC complain in the lawsuit, “By beginning with the changes the Initiative permits regarding the use of voter rankings, the adopted analysis improperly amplifies those permitted changes and improperly understates the Initiative’s required changes to the primary-election procedures.” They suggest that this is misleading.
This fall, the people of Arizona will have a number of critical decisions to make about the future of our state. But one initiative may be the most important issue facing voters in November.
Earlier this month, the special interests behind a plan to bring California-style jungle primaries and ranked choice voting to Arizona submitted signatures with the Arizona Secretary of State to qualify the so-called “Make Elections Fair Act” for the November General Election. If approved, this proposed constitutional amendment would not only make our elections unfair, but it would radically change how Arizonans select and approve candidates for public office in several alarming ways.
The Measure Grants One Politician Too Much Power
It’s never a good idea to give one politician total power over anything—especially an election—but that’s exactly what the Make Elections (Un)Fair Act would do. The measure grants one politician, in this case the Secretary of State, the power to determine how many candidates will appear on the general election ballot for each race. On top of that, the Secretary of State could even decide how many candidates advance in his or her own race…
Who thinks it is a good idea to let voters decide which candidates appear on the general election ballot? Probably everyone. How about letting just one politician decide instead? You would hope that question is rhetorical, and the answer is no one. But right now, out-of-state special interests are spending millions of dollars to put their so-called “Make Elections Fair” measure on the ballot that would do just that.
The groups pushing these ideas are trying to trick voters into signing their petitions and supporting their poorly written constitutional amendment, arguing it will lead to less partisanship and more centrist candidates on the general election ballot. But hidden in the measure is a provision that lets just one politician, the Secretary of State, decide how many candidates move from the primary to the general election…
For months we have been hearing that a small group of disgruntled political consultants and power-hungry politicians would be releasing their plan to scrap our century-old primary and general election system in favor of a confusing jungle primary/ranked choice voting scheme that will disenfranchise voters and empower special interests.
Well last week a group called “Save Democracy Arizona” rolled out their proposed election reform ballot initiative, and it is about as dysfunctional a plan as what we expected.
Reading through their proposed constitutional amendment, a sprawling 4 pages of poorly written language drafted in secret, it is abundantly clear that this won’t make elections any more transparent or fair except for the special interests who support it. And it does far more to disenfranchise voters and destroy democracy than actually save it…
