Secretary Of State Defends Prop 140: Duplicate Signatures Shouldn’t Sink Ballot Initiative

By Staff Reporter |

Arizona Secretary of State Adrian Fontes has taken a firm stance amid ongoing legal challenges against Proposition 140, asserting that duplicate signatures should not be grounds for disqualifying the measure from the ballot. Opponents of Prop 140 claim to have identified approximately 40,000 duplicate signatures among the submissions.

Proposition 140, known as the Make Elections Fair Act, proposes significant changes to Arizona’s electoral process, including the introduction of open primaries and ranked-choice voting. Critics have referred to the open primary system as a “jungle” primary, highlighting concerns over its impact on party dynamics.

Fontes is affiliated with Save Democracy, a nonprofit organization supporting the Make Elections Fair Arizona campaign. Sarah Smallhouse, the president of Save Democracy, also serves as treasurer for the political action committee backing Prop 140. Recently, Fontes participated in a webinar organized by Save Democracy, advocating for the proposed electoral reforms.

In a brief filed for the case Smith v. Fontes, Fontes argued for the validity of Proposition 140, emphasizing that ballots had already been printed with this measure included. To invalidate it post-printing, he reasoned, would undermine Arizonans’ rights to free and equal elections.

“Once the ballots have gone to print, it is in the hands of Arizona’s voters,” Fontes stated. He further noted that challengers could present their concerns directly to the electorate rather than through the courts, stressing the importance of respecting voter decisions once ballots are issued.

Fontes suggested that individuals contesting the validity of Prop 140’s signatures should seek redress in future elections. He argued it would be unjust for voters to invest time in understanding the measure only to be told later that their votes would not count.

The Arizona Free Enterprise Club (AFEC) initiated the lawsuit against the Make Elections Fair Act, alleging that over half of the gathered signatures did not comply with state laws. In a recent statement, AFEC claimed a thorough review of the petitions indicated significant irregularities, with over 40,000 duplicates discovered.

Last month, the Arizona Supreme Court ruled in favor of AFEC, permitting the lawsuit to proceed to determine the validity of the signature challenges. Notably, the court mandated an injunction against counting any votes on the measure if the required signature threshold was not met.

AFEC has reported alarming findings: numerous individuals allegedly signed the petition multiple times, with one person reportedly signing as many as 15 times. The organization argues this level of duplication raises serious questions about the initial approval of Prop 140 by Fontes.

Maricopa County Superior Court Judge Frank Moscowitz has ordered a review of the nearly 40,000 contested signatures, setting the stage for further developments in this contentious issue.