PHOENIX — Claiming lawmakers acted illegally, a new group is asking a judge to void a key change in laws governing the right of voters to enact their own laws.
The lawsuit filed Thursday in Maricopa County Superior Court contends that both the Arizona Constitution and a series of court rulings require that initiative organizers need be only in “substantial compliance” with state election laws to qualify their proposals for the ballot. That provides a certain amount of leeway for what judges have concluded are errors that do not affect the ability of voters to understand what they are signing and the issues before them.
By contrast, new legislation adopted at the behest of business interests requires “strict compliance” with every law. That change would allow — and perhaps require — a judge to quash petition drives for what could be technical violations.
Recognizing a trial on the legal issues may take time, attorney Roopali Desai is asking the court to issue an injunction blocking the measure from taking effect as scheduled on Aug. 9.
But Roopali is not leaving the fate of the law to the courts.
Separately, organizers of a group called Voters of Arizona filed the paperwork to give voters the final word on the law change approved by the Republican-controlled Legislature. The group also has a separate petition drive to void another change, this one prohibiting initiative organizers from paying petition circulators based on the number of signatures they gather.
Backers of the two petition drives have until the end of business on Aug. 8 to submit at least 75,321 valid signatures. If they succeed, the legislative measures cannot take effect unless and until voters ratify at the November 2018 general election what lawmakers have done.
Desai said she believes that judges will side with her clients and against attorneys for the state.
“It’s actually a constitutional issue,” she said. “There’s a very clear separation of powers between what the Legislature can do and what’s a constitutional requirement.”
She said Republican lawmakers and their allies — her lawsuit specifically mentions the Arizona Chamber of Commerce and Industry and Arizona Public Service — do not like the fact that voters can create their own laws.
The litigation will get a fight from the Legislature, whose leaders say they were within their rights to change the laws.
“I think the courts will say that’s the prerogative of the Legislature,” said House Speaker J.D. Mesnard.
