Arizona Supreme Court Allows Prop 140 Signature Challenge to Proceed

By Daniel Stefanski |

The Arizona Supreme Court has potentially impacted the future of a significant ballot measure for the upcoming General Election. In an order issued on Friday in Smith v. Fontes, the court addressed concerns surrounding the Make Elections Fair Arizona Act, also known as Proposition 140. The ruling stated that Prop 140 “will appear on the ballot, assuming ballots are printed in the early morning hours of August 23.” However, the court warned that if a majority of justices later determine the initiative is disqualified, an injunction would prevent any votes on the measure from being counted.

The controversy centers on a challenge to the signatures presented to the Arizona Secretary of State by supporters of this ballot initiative. Opponents claim there are approximately 40,000 duplicate signatures among those submitted. If these are invalidated, the measure would fall below the minimum required for inclusion on the ballot.

Proposition 140, put forth by the Make Elections Fair PAC, seeks a constitutional amendment aimed at overhauling Arizona’s election systems. Scot Mussi, President of the Arizona Free Enterprise Club, expressed his approval of the court’s decision. He criticized the trial court and initiative supporters for not providing adequate evidence to counter claims of duplicate signatures, accusing them of attempting to delay the process.

Mussi emphasized, “This isn’t a debate about dubious matches or concerns of same family members with the same name. All the duplicates submitted for removal were exact matches with regard to name and address.” He reiterated that state law permits only one signature per petition, underscoring a perceived flaw in how the initiative was handled.

The court’s order noted the absence of a statutory requirement for courts to resolve election challenges before ballot printing deadlines. It reaffirmed its commitment to administering justice above adhering to deadlines, stating, “Courts cannot be forced to rule rashly.”

The Arizona Free Enterprise Club has criticized the measure as an attempt to implement a California-style election scheme through means such as ranked choice voting and jungle primaries. Conversely, advocates for the Make Elections Fair Act assert that Proposition 140 presents a vital opportunity to enhance Arizona’s electoral landscape.

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.