Arizona Supreme Court Rules Votes for Open Primaries Measure Will Count

In a pivotal decision that has implications for the upcoming election, the Arizona Supreme Court has ruled that votes will be counted for the Make Arizona Elections Fair Act, a ballot initiative aimed at opening primaries to all registered voters. This ruling comes just 31 days before the election, following a series of legal challenges.

On Friday, the court affirmed a September 19 ruling from a trial court, stating that proponents of Proposition 140 had indeed collected sufficient signatures to qualify the measure for the ballot. Furthermore, the court found that even if there were concerns regarding the validity of those signatures, they could not legally instruct election officials to disregard the votes cast.

The proposed measure allows all registered voters to select from every candidate in the primaries, irrespective of party affiliation. The top vote-getters would then advance to the general election, enhancing choice and reducing partisan control over electoral outcomes. Advocates argue that this initiative aims to dilute extreme partisan influence and empower voters.

Opposition from groups such as the Arizona Free Enterprise Club has been fierce. They challenged the measure in court, alleging the campaign had submitted a significant number of duplicate signatures, thus failing to meet the necessary criteria for ballot inclusion.

Initially, Maricopa County Superior Court Judge Frank Moskowitz did not entertain evidence related to these duplicate signatures. However, the Arizona Supreme Court intervened, mandating that Moskowitz reexamine this evidence just one day before the ballot printing deadline.

While the high court initially suggested that if significant duplication was found, votes for the measure should not be counted, intense pushback from the Make Elections Fair campaign and Secretary of State Adrian Fontes led to a reversal of this directive. The Supreme Court allowed lower courts to address the matter further.

Moskowitz evaluated nearly 40,000 disputed signatures but concluded that there were enough valid signatures to keep the measure on the ballot. He emphasized that even if the campaign had fallen short, there was no constitutional basis to ignore votes cast either for or against the proposition.

Chuck Coughlin, a political consultant involved with Prop. 140, expressed gratitude for the ruling. “We’re thrilled,” he stated, highlighting the opportunity to move past judicial uncertainties and empower Arizona voters by eliminating partisan primaries.

Critics of the measure voiced concerns about its potential inclusion of ranked choice voting in general elections. This provision would allow voters to rank candidates based on preference, although the legislation would ultimately leave the structure of elections to the Arizona Legislature.

Scot Mussi, president of the Arizona Free Enterprise Club, articulated disappointment with the court’s decision. He accused the initiative’s backers of knowing about the signature duplicates and delaying their review process.