Group Readies Bold Appeal Against Controversial Prop 140 Ruling

By Matthew Holloway |

This week, the political landscape in Arizona shifted dramatically after Maricopa County Superior Court Judge Frank Moskowitz ruled that votes for Proposition 140, concerning Ranked Choice Voting and an Open Primary initiative, will be counted irrespective of the confirmation that nearly 40,000 initiative signatures were duplicates and thus invalidated.

The ruling follows a confirmation from a court-appointed Special Master that a significant number of signatures were indeed duplicates. The decision has raised eyebrows across Arizona’s political spectrum, with some viewing it as an alarming precedent.

Reacting to the ruling, Arizona Free Enterprise Club President Scot Mussi accused Judge Moskowitz of bias. In a pointed statement, Mussi remarked, “From the moment he was rebuked by the AZ Supreme Court for blocking the removal of nearly 40,000 duplicate signatures, Judge Moskowitz has sought a way to keep Prop 140 on the ballot, regardless of its validity.” He emphasized that the statute underpinning signature validation had been in place for nearly three decades and had recently been upheld by the state Supreme Court in a prior case.

Justice Ann Timmer of the Arizona Supreme Court had previously stipulated that if the signatures were deemed invalid, the Make Elections Fair PAC could still argue against counting the votes. This precedent suggests a potential bias in legal proceedings surrounding the initiative.

Mussi asserted that this ruling validates fears voiced by opponents that there was an intentional delay in the judicial process, possibly to circumvent the statutory deadlines and ensure the initiative remained on the ballot.

In his controversial ruling, Moskowitz characterized the issue of invalid signatures as “moot,” indicating that once the printing deadline passed, determining signature legitimacy was of no consequence. He referenced case law but notably avoided citing any relevant statutes, stating, “Although there is no statutory authority for the proposition that petition challenges must end before ballot printing begins…”

Furthermore, Moskowitz articulated that the lack of sufficient review of duplicate signatures prior to the August 23, 2024, printing deadline rendered the matter moot. His statements imply that the absence of express legislative language suggests an intent not to prolong initiative challenges past critical deadlines.

Mussi reiterated that Prop 140 falls short of the requisite number of valid signatures needed for ballot inclusion. He declared that the committee supporting the initiative had intentionally delayed the review process for over a month to obscure the reality of their situation.

Looking ahead, Mussi confirmed that the Arizona Free Enterprise Club plans to escalate the matter again to the State Supreme Court, asserting confidence that this ruling will be overturned. “We believe a thorough examination of the provided evidence will lead the Supreme Court to reject Moskowitz’s ruling and disallow Prop 140 from being counted in the election,” he concluded.

Matthew Holloway is a reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.