Two really disturbing trends on display here
The first is state legislatures raising the bar to impossible heights for citizen initiatives. The innumerate American public have no idea how hard it is to get a 60% vote on anything. Arizona just passed a constitutional amendment to require a 60% vote for voters to pass ballot measures to approve taxes. This amendment was barely passed 50.72% to 49.28%, but no one apparently sees the complete irony in that.
Last year, Arizonans gathered almost 400,000 signatures to put a measure on the ballot reversing a lot of the voting suppression measures the AZ legislature had passed. Here is some of what transpired
Republican Gov. Doug Ducey and the GOP leaders of the House and Senate had urged the high court to reject all three measures. Ducey has appointed five of the seven justices.
Mikitish has presided over three weeks of hearings in a case filed by a pro-business group that challenged many of the nearly 400,000 signatures the initiative backers filed. After lawyers for the Arizona Free Enterprise Club succeeded in knocking off nearly 96,000 signatures, and a county review to determine if the signatures were valid kicked off nearly 64,000 more, it was left with just 2,281 more than the required 237,645 signatures needed to make the ballot.
In Friday, Mikitish flipped those numbers.
The Free and Fair Elections measure sought to change a slew of election laws. It would have specifically blocked the Legislature from overturning the results of presidential elections, an avenue some Republicans explored after former President Donald Trump’s loss in the state in 2020.
It also would have guaranteed ballot privacy and bars handing election materials or ballots over to outside groups like the state Senate did after 2020, expanded voting access, mandated that all voters can go to any polling site, extended early voting and limited lobbyists’ ability to wine and dine lawmakers.
The measure also would eliminate the “strict compliance” legal standard that led Mikitish to disqualify many of the petition sheets. The GOP-controlled Legislature required that standard for initiatives in 2017, making it easier to throw them out for relatively minor paperwork errors.
The Free Enterprise Club challenged tens of thousands of signatures, many for exceptionally minor issues.
For instance, 7,000 signatures were challenged because a volunteer petition circulator mistakenly checked a box that indicated they were paid circulators.
Still, with all that, it still required the AZ Supreme Court (expanded and packed by Ducey several years earlier) to just simply say throw it out. It will be interesting to see what happens in Ohio.
We got completely screwed here in AZ under the guise of legality and it continues to happen every day.