Maricopa County GOP Claims Transportation Ballot Measure Missed Vote Target by a Hair

Maricopa County Republicans are challenging the legality of the county’s recent transportation sales tax extension in court, citing a failure to secure the necessary 60% voter approval.

This transportation sales tax, first introduced as Prop. 300 in 1985 and renewed as Prop. 400 in 2004, has been a crucial funding source for various projects, including freeway expansions and public transit initiatives, for nearly 40 years.

On November 30, the Maricopa County Republican Committee (MCRC) filed an election contest claiming that the latest extension, known as Prop. 479, does not meet the constitutional requirement established by a 2022 law mandating a 60% approval for tax-related referendums.

Official results indicate that Prop. 479 garnered only 59.83% approval, falling short of the threshold by a mere 0.17%.

Despite the initial criticism from supporters of Prop. 479—who argue that the measure merely adjusts how funds are allocated rather than changing the sales tax itself—the lawsuit has sparked debate about its validity.

The MCRC’s complaint, led by attorney Bryan Blehm, insists that, according to the Arizona Constitution, Prop. 479 should be invalidated since it did not satisfy the 60% benchmark required by Proposition 132.

Blehm emphasized that the law does not allow for rounding up votes to meet the requirement, and he has requested the court to decertify the measure.

The lawsuit targets key governmental figures, including Secretary of State Adrian Fontes and members of the Maricopa County Board of Supervisors.

In response, Connect Maricopa—an advocacy group linked with Prop. 479—filed a motion to intervene. David Martin, president of the Arizona Chapter of the Associated General Contractors Association, voiced his opposition to the lawsuit, asserting that it undermines the voters’ decision.

Martin remarked, “A small group of partisans want to upend the will of the voters,” highlighting the importance of upholding democratic choices.

Conversely, some lawmakers support the lawsuit, claiming it is a rightful challenge given the miss in the established voter threshold.

Rep. Alexander Kolodin stated, “A referendum to approve a tax has to get 60% of the votes to pass, and it didn’t get 60% of the votes,” reinforcing the legal standpoint.

Prop. 479 itself does not introduce a new tax but rather extends the existing half-cent sales tax that was originally implemented to fund freeway projects.

The history of this tax dates back to 1985 when Prop. 300 was approved to establish a dedicated funding mechanism. Its successor, Prop. 400, allocated percentages to various transportation sectors but has faced scrutiny in recent years.

In 2022, a proposal for extending Prop. 400 met with a veto from former Governor Doug Ducey, reflecting concerns over inflation and the specifics of the ballot language.

However, the latest plan, approved in 2024 as Prop. 479, divides the funds into sectors: 40.5% for freeways, 22.5% for arterial roads, and 37% for transit, projecting $14.9 billion in revenue.

Martin warned of severe implications if the lawsuit succeeds, citing potential gridlock and adverse effects on the economy and community connectivity.

He stated, “This specific extension is integral to connecting people and goods and services,” emphasizing the infrastructure’s role in daily life.