Arizona Voters Set to Determine Fate of Open Primary Elections, Court Ruling Reveals

A judge has determined that a ballot proposition aimed at ending partisan primaries in Arizona has gathered sufficient signatures to qualify for the upcoming November election.

Known as Proposition 140 or the Make Elections Fair Act, this citizen initiative seeks to amend the Arizona Constitution to establish an open primary system. In this framework, all candidates for federal, state, and local offices would compete in a single primary election rather than separate partisan contests. Notably, politically unaffiliated candidates would also be included in these primaries.

Under this proposal, every registered voter would have the opportunity to select from all candidates in the primary. The candidates receiving the most votes would proceed to the general election, regardless of their political affiliation.

Sarah Smallhouse, chair of the political action committee supporting the initiative, expressed optimism about defending the trial court’s decision in front of the Arizona Supreme Court. She emphasized the committee’s commitment to advancing Prop 140’s passage in November.

However, the measure faces a legal challenge from opponents who argue it breaches the state constitution’s single-subject rule for ballot initiatives. Notably, a ruling from Judge Frank Moskowitz on August 9 had previously declared that the initiative did not violate this rule.

On Thursday, Judge Moskowitz confirmed that Proposition 140 had secured 536,216 valid signatures, surpassing the requirement of 383,923 valid signatures for constitutional amendments to be included on the ballot in 2024. The committee had submitted over 540,000 signatures initially.

Additionally, the committee succeeded in a recent challenge where a judge found that the description of the ballot initiative presented by lawmakers was misleading. This decision could also be contested in the Arizona Supreme Court.

Lawmakers now have until August 29 to propose revised language for the initiative’s description for court approval.