The lawsuit challenging the validity of the signatures turned in to the Tucson Clerk by the Committee for Sustainable Retirement (“CSR”) will continue, following a ruling by Pima County Superior Court Judge James Marner denying CSR’s motion to dismiss.
In a ruling dated Wednesday, Marner found that CSR’s argument that the lawsuit needed to be filed within five days of when they turned in the 23,364 signatures was “a strained/overly expansive application” of a 2008 Arizona Supreme Court opinion. He noted that there are two different subsections of Arizona Revised Statutes Sec. 19-122, and that CSR was relying on the inapplicable subsection that applies to instances where the Clerk (or Secretary of State) refuses to accept a filed petition.