Judge Rejects Challenge to Overturn Transportation Tax Vote

Maricopa County’s longstanding transportation sales tax remains in effect after local Republicans withdrew a legal challenge questioning its validity. The move follows claims from the Maricopa County Republican Committee (MCRC) that Proposition 479, which extends a nearly 40-year half-cent sales tax for transportation, was unconstitutional due to a supposed lack of voter approval.

The MCRC’s contention was based on a 2022 law that mandates 60% voter approval for tax-related measures. However, the county countered that the challenge was filed too late, lacking qualified plaintiffs and failing to present a compelling argument since Prop 479 is neither a referendum, initiative, nor a constitutional amendment.

Lorna Romero Ferguson, spokesperson for the advocacy group Connect Maricopa, expressed satisfaction with the dismissal, stating, “We are pleased the plaintiffs decided to withdraw their frivolous lawsuit so we can move forward with these transportation projects.”

Filed on November 30, the complaint from MCRC argued that the recent legislative referral required Prop 479 to secure the requisite 60% support to succeed. Attorney Bryan Blehm asserted the proposition failed in this regard, noting, “Proposition 479 did not receive 60% of the vote and the Arizona Constitution provides no provisions for rounding up to achieve the 60% requirement.”

Despite receiving 59.83% of the vote in favor, supporters dismissed the MCRC’s challenge as unsupported. Officials pointed out that the challenges faced procedural hurdles, including the MCRC’s failure to file the action timely; the filing occurred five days post-canvass, which was concluded on November 21.

Additionally, Maricopa County noted that MCRC lacked the standing to file such a suit, as it is not classified as a qualified elector under state law. Attempts to bolster the lawsuit after the fact failed to establish a valid legal basis.

County attorneys further clarified that Prop 479 originated from a conditional enactment of state statute, exempting it from the onerous 60% threshold. They also emphasized that the legislation expressly stated its non-referendum status, thereby further shielded from the challenge.

While there has been no immediate response from Blehm or MCRC regarding the withdrawal, local leaders, including Chandler Mayor Kevin Hartke, reaffirmed their commitment to the transportation plan. Hartke stated, “The regional transportation plan that was unanimously approved by MAG’s mayors, tribal and county leaders, and supported by business leaders and the voters, will be implemented on schedule.”

He added, “We have a 40-year track record of success, and we’re squarely focused on delivering the next generation of transportation investments.”