Court hearing on ‘top two primary’ today
Posted by AzBlueMeanie:
This is a Howard Fischer report, so take it for what it is worth. State judge not buying arguments by foes of open primary ballot measure:
A state judge on Friday questioned efforts of foes of an open primary system to keep it from ever going to voters.
The opponents contend that the proposed constitutional amendment illegally deals with too many disparate subjects. Attorney Mike Liburdi said that makes putting it on the November ballot improper.
But during a hearing Friday, Maricopa County Superior Court Judge Mark Brain suggested he was not buying all of Liburdi's arguments that the measure, if approved, would change too many unrelated things.
Brain also was skeptical of Liburdi's contention that a 100-word description of the measure, included on each petition, did not comply with legal requirements that it be solely a factual description of what would change if approved.
The attorney argued that proponents improperly used the description to convince people to sign. But Brain told Liburdi that under his interpretation of the law, there is no way anyone could accurately describe a ballot measure within 100 words.
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The measure initially was fought largely by Republicans who currently dominate Arizona politics. But on Friday, Brain agreed to a request to add two Democratic officials to the legal challenge.
Rep. Steve Gallardo of Phoenix said his concern is that the change could result in fewer Hispanics being elected.
Gallardo lives in a heavily Democratic and largely Hispanic district. And he said most Hispanics are registered as Democrats.
He said that pretty much ensures that the Democratic nominees will be either Hispanic or at least candidates that Hispanics think represent their interests. And given the Democratic registration edge in the district, that makes the Republican nominees pretty much irrelevant by the time the general election comes around.
Under this proposal, he said a single non-Hispanic candidate might face off in the primary against four Hispanics. Gallardo said if the Hispanics split the ethnic vote, that means only one might survive to reach the general election.
All that, however, is legally irrelevant to the court fight over whether the issue gets on the ballot in the first place.
The law according to Howard Fischer? Have you got a source besides your own opinion, Howie?