The facade of the Arizona State Courts Building
Mary Jo Pitzl
Arizona Republic
The Arizona Legislature should consider sharpening the language for how citizen initiative petitions are evaluated to avoid the confusion that derailed a wide-ranging elections initiative last year, the state Supreme Court said.
The recommendation comes at the tail end of an opinion, issued Monday, that explains the court’s decision 11 months ago to bar the Free and Fair Elections Act from the 2022 ballot.
That 6-1 decision ended the campaign for the initiative, sparking anger and incredulity from the proponents of a measure that had gathered more than twice as many voter signatures as needed to qualify for the ballot. The initiative proposed a number of changes to elections procedures, reversing restrictions imposed by the Legislature, restoring the permanent Early Voting List and revamping campaign finance.
That anger resurfaced Monday, when the court released its logic in a 19-page opinion authored by Justice Bill Montgomery.
“They are pointing out the fact that the law is not fair,” attorney Jim Barton said of the six justices. Barton represented the progressive organizations sponsoring the initiative.
He cited a passage in the opinion that he said “blew me away” because, in his view, it undermined the court’s decision to block the initiative from
the ballot.
