Maricopa Takes a Stand: Defending ‘Prop 347’ Against GOP Legal Challenge

The Maricopa Association of Governments (MAG) Regional Council, in conjunction with Maricopa County, is advocating for the dismissal of a lawsuit from the Maricopa County Republican Committee regarding the recent approval of Proposition 479. The GOP filed a motion to dismiss the case in Maricopa County Superior Court.

Proposition 479, which was passed by voters on November 5, received overwhelming support, winning by a margin of approximately 80,000 votes. This measure extends an existing half-cent sales tax, originating in 1985, earmarked for highway improvements, notably on State Route 347. This has led some to refer to it informally as “Prop 347.”

The revenue generated from this tax is critical for transportation enhancements impacting Pinal County and the City of Maricopa, including significant infrastructure like Loops 101, 202, and 303. The proposition ensures funding mechanisms remain in place until 2045, allowing the transportation network to adapt to growing communities.

MAG Chairman and Chandler Mayor Kevin Hartke emphasized the importance of the transportation plan, stating, “It is critical to the quality of life of our residents and the continued strength of our local economy.” He expressed confidence in defending the measure against claims he deemed flawed.

Opponents of the proposition, namely the state Republican Committee, argue that it did not achieve the requisite supermajority of 60% to pass, which they maintain is necessary for constitutional amendments. However, supporters contend that Proposition 479 does not fall under this category, highlighting its approval rate of 59.83% as per Maricopa County Elections data.

“The lawsuit is without merit,” asserted Ed Zuercher, MAG’s Executive Director. He noted the unanimous backing of the plan from local leaders and its historical success over the last four decades. MAG officials anticipate the initiative could generate as much as $15 billion for transportation projects.

Debate also surrounds the funding stipulations associated with the tax, specifically restrictions against light rail systems, a contentious topic among some Republicans who criticize such transit solutions.

The City of Maricopa is part of a consortium of 27 cities, three Native nations, and portions of Pinal County affiliated with MAG. According to a political consultant, only two cities—Queen Creek and Carefree—voted against Prop 479, with Carefree’s opposition being by a mere seven votes.

In a surprising turn, the MCRC recently opted to withdraw the lawsuit shortly after filing. Chairman Craig Berland indicated that their initial legal concerns were centered around the voting criteria for the proposition. He insisted the measure did not meet the 60% vote threshold set forth by state law, contending, “We are a country of law and order, or we are a country of chaos.” Notably, he had voted in favor of the measure.

Despite the legal challenges, the proposition was indeed approved. The MCRC’s withdrawal from the lawsuit follows a precedent set in Cochise County, where a similar case was dismissed in October. Financial constraints, as highlighted by campaign records indicating the party had approximately $71,000 ahead of the general election, may have also influenced this decision.

Dillon Rosenblatt contributed to this report.