Special Master Uncovers 99% of Prop 140 Signature Challenges Are Mere Duplicates

By Matthew Holloway |

In an important hearing held on Wednesday, Maricopa County Superior Court Judge Frank Moscowitz examined the viability of Prop 140, an initiative proposing open primaries and ranked-choice voting. This initiative faces significant setbacks following a report by Retired Arizona Superior Court Judge Christopher Skelly, appointed as Special Master for the case.

Skelly’s findings indicated that 37,657 of the 41,387 signatures originally challenged were duplicates, nearly 99% of the total. According to a press release from the Arizona Free Enterprise Club concerning the case April Smith v. Fontes, this outcome leaves Prop 140 approximately 3,300 signatures below the required threshold to qualify for the November 5 ballot. This threshold was reaffirmed in the Arizona Supreme Court case Mussi v. Hobbs in 2022.

Scot Mussi, President of the Arizona Free Enterprise Club, criticized the initiative, stating, “As we knew all along, Prop 140 lacks the signatures required for this measure to even make it to the ballot. Even with the knowledge of duplicate signatures, the special interests behind this initiative attempted to delay the challenge.” He expressed hope that the court would make the right decision and prevent the initiative from being counted in the upcoming election.

The issues of signature duplication were not just minimal; reports uncovered that some individuals signed multiple times—250 people signed five or more times, with one individual allegedly signing at least fifteen times. Judge Skelly pointedly noted that, based on clear evidence, 37,657 signatures were confirmed as duplicates.

Many duplicates had been officially removed from the count, with several others dismissed by agreement between both parties involved. Despite the categorization of signatures as “exact matches” and “near matches,” Skelly clarified he was instructed not to infer any assumptions from those classifications.

The Arizona Free Enterprise Club has taken a strong stance against those backing Prop 140, specifically calling out the “Make Elections Fair PAC.” They argue that the group employed questionable methods in gathering signatures. Citing these methods as creative yet deceptive, the AZFEC asserted that the substantial number of duplicate signatures warrants invalidation of the initiative.

The legal discussions concerning Prop 140 will continue under Judge Moscowitz’s scrutiny, with the next hearing scheduled for Wednesday.

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