(Update) Special Action challenge to the consolidated elections bill
Posted by AzBlueMeanie:
In 2012, Rep. Michelle Ugenti (R-Scottsdale) sponsored HB 2826 (consolidated election dates; political subdivisions), a bill providing for the consolidation of elections in the fall of even numbered years only. The law would apply to elections in 2014 and thereafter.
On August 13, 2013, Judge James E. Marner of the Pima County Superior Court struck down HB 2826 after trial of this matter to the court in
City of Tucson v. State of Arizona et al. (Case No.
C20126272). Judge Marner ruled in favor of the cities of Tucson and
Phoenix, and against the Arizona legislature. The 10 page ruling is
Here.
There is some dispute as to whether the judge's ruling applies only to the party litigants to the lawsuit, the cities of Tucson and Phoenix, or whether the legal reasoning of the ruling extends to all charter cities.
The parties have 30 days to file an appeal, but so far, no notice of appeal has been filed. This is somewhat surprising given the legislature's desire to impose consolidated election dates, and the question surrounding the scope of the court's ruling.
In a related matter, in the final hours of the 2013 session Rep. Michelle Ugenti "logrolled" two unrelated matters, her home owners association bill with Sen. Kimberly Yee's election
reforms bill — which, among other things, required cities to conform their
election dates to the state elections calendar — into a single bill, SB 1454. This violated Arizona's constitutional "single-subject" rule. See Chapter 254 Session Laws for the provisions. SB 1454l was also subject to a lawsuit.