While you were distracted by the long Thanksgiving Day holiday weekend, the Arizona Supreme Court finally issued its opinion in the “Outlaw Dirty Money” initiative case. Arizona Supreme Court ruling supports legal tactic used to keep initiatives off ballot:
The Arizona Supreme Court has upheld the constitutionality of a legal tactic used by those seeking to keep voter-proposed laws off the ballot. [“The only issues we must decide are the constitutionality of §19-118(C) and the propriety of the trial court’s exclusion of the non-appearing subpoenaed circulators’ petition signatures.”]
The Court’s opinion is narrowly tailored. “As our decision does not turn on whether the Committee strictly complied with § 19-118(C), we need not determine the constitutionality of the strict compliance requirement of § 19-102.01(A).” The “strict compliance” constitutional challenge is left to another day.
In a unanimous ruling Wednesday, the justices reaffirmed the right of people to craft initiatives and seek to have them approved.
“And we are reluctant to impede such civic efforts,” they said.
But Justice John Lopez, writing for the court, said there is nothing unduly burdensome about requiring paid circulators to register and provide an address where they can be subpoenaed. Lopez said throwing out the signatures collected by those who don’t show up in court does not impair the constitutional rights of people to propose their own laws.
This is fundamentally anti-democratic, and wrongly decided. The valid signatures of voters who legally signed the petition in good faith are disenfranchised if the circulator cannot be located or fails to appear in court, for any reason. This legal tactic invalidates the otherwise valid signatures of voters given in good faith through no fault of their own.
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