‘Open Primaries’ Proposal Heads to Arizona Ballot, But Will Votes Truly Count?

Arizona voters will face a pivotal decision this November regarding Proposition 140, a measure aimed at abolishing partisan primaries. The proposed change could transform the state’s election process, allowing all candidates for federal, state, and local offices to compete in a single primary election, regardless of party affiliation.

Known as the Make Arizona Elections Fair Act, this initiative would enable registered voters to select from all candidates, including those politically unaffiliated. The top vote-getters, irrespective of their party, would advance to the general election.

Last week, the Arizona Supreme Court confirmed that the ballot measure is constitutional, dismissing a legal challenge from both the Republican and Democratic parties. This ruling came just in time for elections officials to meet deadlines for ballot printing.

However, uncertainty still looms due to ongoing legal challenges related to the authenticity of the signatures collected for the proposition. A critical aspect of this dispute concerns approximately 40,000 signatures that may be duplicates, which could jeopardize the measure’s position on the ballot. Previously, a trial court judge ruled that Prop. 140 had over 32,000 valid signatures beyond what was necessary.

The Supreme Court, however, ordered the lower court to reassess the claims of duplicate signatures, suggesting that prior evidence was not adequately considered. This further complicates the process as the court acknowledges the potential ramifications of their decisions.

Chief Justice Ann Scott Timmer commented on the situation, emphasizing the importance of judicial integrity over adherence to deadlines. “Courts cannot be forced to rule rashly to meet a ballot printing deadline,” she stated in the court’s Aug. 23 order.

As the case is expected to return to the Supreme Court following the trial court’s examination of the signatures, the outcome remains uncertain. Should the court ultimately determine that the Make Arizona Elections Fair Act does not possess sufficient valid signatures, an injunction would prevent any votes for the measure from being counted.

The trial court case will reconvene on September 3, furthering the suspense surrounding the measure’s fate in the upcoming election.