On January 29, Governor Katie Hobbs appointed Appellate Court Judge Maria Elena Cruz to fill the vacancy of Supreme Court Justice Robert Brutinel. Brutinel announced his retirement in 2024. Cruz emphasized her understanding of those “marginalized because of their color or their gender.”
In a news conference on Wednesday Hobbs told reporters, “I prioritized an appointee who is not only eminently qualified, but also someone who reflects our state and who is committed to making our legal system work for everyday people,” according to AZCentral. “Of course, I was focused on credentials and experience, but also, on appointing a justice who will uplift those who need it most.”
As an attorney, she has argued before municipal, state, and federal courts, and been both a defender and a prosecutor.
Cruz highlighted her heritage while standing with her family during the conference saying, “For many, this day is long overdue. And so today, we celebrate. We celebrate that Arizonans will look at their highest court and see a group that looks more like them.”
She told reporters that she has a “deep respect and loyalty for the rule of law, but also, a perspective that is informed by growing up, living, raising a family and working in rural Arizona.” She also said that she has, “a personal understanding of challenges faced by those who are marginalized because of their color or their gender.”
Hobbs also stressed Cruz as “a Justice who gives a voice to working class people in every corner of our state,” adding the dimension of a class-based distinction to her appointment decision as well.
Appointed to the Arizona Court of Appeals in 2017 by then-Governor Doug Ducey, Judge Cruz ruled against the Republican-led Arizona Senate, forcing the release of several sealed records related to audit of the 2020 election returns with the Florida company Cyber Ninjas. The court found that Cyber Ninjas, despite being a third party, was compelled to turn over documentation on how the recount audit was being conducted while it was still underway.
Cruz wrote for the three-judge panel, “Allowing the legislature to disregard the clear mandate of the (public records law) would undermine the integrity of the legislative process and discourage transparency, which contradicts the purpose of both the immunity doctrine and the (law),” according to NBC News. She added, “The requested records are no less public records simply because they are in the possession of a third party, Cyber Ninjas.”
As reported by AZCentral, Cruz noted on her application for the role that she officiated same-sex marriages in Yuma County once they became legal after two justices of the peace refused to do so. She wrote, “I had to stand up … for the law and, regardless of the threat of potential backlash at the polls, I officiated over the first same-sex wedding in our county.” She added, “I always said that any decision I made could be the beginning of the end. A good judge should always be faithful to the law no matter the personal risk.”
On Wednesday, the Arizona Supreme Court invalidated signatures of a ballot initiative seeking to overhaul the state’s election processes, making it unlikely to appear on the November ballot.
Chief Justice Robert Brutinel ruled that Arizonans For Free and Fair Elections, or the Arizona Democracy Resource Center (ADRC) Action, failed to provide a valid mailing address to receive certified mail. Brutinel remanded the case back to the Maricopa County Superior Court to determine how many signatures his order impacts.
Based on the ruling — likely to invalidate tens of thousands of signatures — and sampling rejection rates, it appears unlikely that the initiative will have enough signatures to qualify for the ballot. ADRC Action submitted over 475,000 signatures, and needs just over 237,600 to qualify.
The Arizona Free Enterprise Club (AFEC) challenged the ballot initiative. In a statement to AZ Free News, AFEC President and Executive Director Scot Mussi asserted that the legal victory protected Arizonans from the harms of outside special interests.
“We are very pleased that the Supreme Court affirmed the lower court ruling that Arizonans for Free and Fair Elections failed to gather enough lawful signatures to qualify for the ballot,” said Mussi. “This radical initiative imported 60 different provisions from Washington, D.C. that would have increased fraud, harmed small business, and empowered special interests. They spent over $7 million trying to buy their way onto the ballot, and they failed.”
Breaking News, @azfec WON our lawsuit! The Arizona Supreme Court affirmed the lower court ruling that Free and Fair DID NOT gather enough lawful signatures to qualify their radical election initiative for the November ballot!
The Maricopa County Superior Court’s original ruling reduced valid signatures to about 10,000 short of qualifying for the ballot, which AFEC likened to being “on life support.”
🚨 Big news! The "Arizonans for Free and Fair Elections" ballot initiative is officially on life support after a judge disqualified tens of thousands of signatures, leaving it ~10k short of the ~238k needed to make the ballot. 🙌 https://t.co/JgfesNDZwo
Below are some of Arizonans for Free and Fair Elections’ proposed changes:
eliminate voter ID and proof of citizenship for voter registration
allow same-day voter registration
bar election audits like the most recent one for the 2020 election
raise small business taxes to increase political campaign funding
restore private funding in election administration
require universal vote centers
extend in-person early voting through the day before Election Day
require a court order to rule someone too incapacitated to vote
implement automatic voter registration for driver’s license and state ID recipients, as well as of-age high schoolers
allow curbside voting
allow “nontraditional residential addresses” such as mile markers or “geographic or other identifying features” when registering to vote
restore the permanent early voting list (PEVL)
restore “inactive” voters to “active” status
permit “signature-only” voter registration
allow third parties to register voters
reduce contribution limits
As reported previously, ADRC Action accrued over $7.6 million from a national network of Democratic dark money for this ballot initiative. Their group traces back to a national donor network called “Way to Win,” launched for the purpose of defeating Republicans in response to former President Donald Trump’s 2016 victory.
Way to Win asserted that its $110 million in funding to key states, including Arizona and Georgia, were the reason for the Democrats’ blue wave in 2020. Way to Win’s major sources of funding include George Soros’ Open Society Foundations and family, Stryker Corporation heiress Patricia Stryker, the prominent D.C. consulting firm Arabella Advisors’ Sixteen Thirty (1630) Fund, and the Tides Foundation-backed One Arizona.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
