Tucson defeats the Arizona Legislature in Special Action challenge to the consolidated elections bill
Posted by AzBlueMeanie:
Last year, 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 will apply to elections in 2014 and thereafter.
On Monday, Judge James E. Marner of the Pima County Superior Court entered his ruling 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.
Highlights from the Ruling as to Conclusions of Law:
A.R.S. § 16-204, as amended, conflicts with the city charters of Tucson and Phoenix by requiring the Cities to hold their candidate elections on even-numbered years rather than on odd-numbered years . . .
The Cities' decision of when to schedule candidate elections for mayor and Council elections is a matter of local concern. This includes the decision of whether to align with Federal/State/County elections on even-numbered years or to hold elections on odd-numbered years.