{"id":2343828,"date":"2024-09-20T09:45:00","date_gmt":"2024-09-20T13:45:00","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/judge-rules-its-too-late-to-challenge-arizona-open-primary-proposition-washington-examiner\/"},"modified":"2024-09-20T09:48:41","modified_gmt":"2024-09-20T13:48:41","slug":"judge-rules-its-too-late-to-challenge-arizona-open-primary-proposition-washington-examiner","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/judge-rules-its-too-late-to-challenge-arizona-open-primary-proposition-washington-examiner\/","title":{"rendered":"Judge rules it\u2019s too late to challenge Arizona open primary proposition &#8211; Washington Examiner"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"float:left\"><div class=\"counts mashsbcount\">28<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fjudge-rules-its-too-late-to-challenge-arizona-open-primary-proposition-washington-examiner%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2343828&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>A Maricopa County Superior \u2062Court\u200c judge, Frank Moskowitz, ruled that a proposition to establish open primaries in Arizona will remain on the ballot, despite the invalidation of nearly\u200b 40,000 voter signatures\u200b due to duplicates. A report from Special Master Christopher Skelly revealed that a significant majority (99%) of the reviewed signatures were duplicates, with \u2064some individuals signing\u2063 multiple times, including one person who signed\u2062 15 times. The Arizona Free Enterprise Club argued that\u2064 the votes for the proposition\u200b should be rejected based on these duplicate signatures, while the supporting group, the Make Elections Fair Committee, claimed the challenge was moot due to the timing of the ballot printing. Moskowitz upheld that it was too late to contest the signatures, agreeing that double counting\u200c would unconstitutionally raise the signature\u2062 requirement needed \u200cto qualify\u2062 the \u200dproposition for the ballot. This ruling has been seen as a significant victory for proponents of the open primaries measure.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<p><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><?xml encoding=\"utf-8\" ?><\/p>\n<div class=\"tdb-block-inner td-fix-index\"><span class=\"tdb-mobile-menu-button\"><i class=\"tdb-mobile-menu-icon td-icon-mobile\"><\/i><\/span><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><span class=\"tdb-header-search-button-mob dropdown-toggle\" data-toggle=\"dropdown\"><i class=\"tdb-mobile-search-icon td-icon-search\"><\/i><\/span><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><span class=\"tdb-mobile-menu-button\"><i class=\"tdb-mobile-menu-icon td-icon-mobile\"><\/i><\/span><\/div>\n<div class=\"tdb-block-inner td-fix-index\">\n<div class=\"tdb-drop-down-search\" aria-labelledby=\"td-header-search-button\">\n<div class=\"tdb-drop-down-search-inner\">\n<form method=\"get\" class=\"tdb-search-form\" action=\"https:\/\/www.washingtonexaminer.com\/\"><\/form>\n<div class=\"tdb-aj-search\"><\/div>\n<\/div>\n<\/div>\n<p><a href=\"http:\/\/www.washingtonexaminer.com\/#\" role=\"button\" aria-label=\"Search\" class=\"tdb-head-search-btn dropdown-toggle\" data-toggle=\"dropdown\"><i class=\"tdb-search-icon td-icon-search\"><\/i><\/a><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<div class=\"tdb-block-inner td-fix-index\">\n<h1 class=\"tdb-title-text\">Judge rules it&rsquo;s too late to challenge Arizona open primary proposition<\/h1>\n<div><\/div>\n<div class=\"tdb-title-line\"><\/div>\n<\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<div class=\"tdb-block-inner td-fix-index\">\n<div id=\"Brid_1765112\" class=\"tpd-featured-video bridtv\"><\/div>\n<p>(The Center Square) &ndash; Maricopa County Superior Court Judge Frank Moskowitz ruled today that a proposition that would establish open primaries in Arizona will have the opportunity to be voted into law by Arizonans, even though almost 40,000 voter signatures have been invalidated.<\/p>\n<div class=\"article-paywall\">\n<p>Even though ballots have already been printed with the proposition on it, the Arizona Supreme Court ruled that the <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/judge-rules-ca-gov-overstepped-his-authority-with-covid-order-issues-permanent-injunction-restraining-newsom-from-further-issuing-unconstitutional-orders\/\" title=\"Judge Rules CA Gov Overstepped His Authority with Covid Order, Issues Permanent Injunction Restraining Newsom From Further Issuing Unconstitutional Orders\">superior court<\/a> look at the evidence of duplicated signatures provided by the Arizona Free Enterprise Club. Special Master Christopher Skelly submitted his report yesterday, showing that 35,478 of the <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/washington-sos-certifies-police-pursuit-initiative-to-the-legislature\/\" title=\"Washington SOS certifies police pursuit initiative to Legislature\">submitted signatures<\/a> were indeed duplicates.<\/p>\n<p>&ldquo;In a major development with the signature challenge over Proposition 140, the special master reviewing the duplicate signatures determined that 99% of the 38,000 signatures reviewed were, in fact, duplicates,&rdquo; reads a statement from the Arizona Free Enterprise Club. &ldquo;Of the nearly 40,000 duplicates that were included when the Prop 140 Committee submitted their signatures to the Secretary of State, around 250 people had signed five or more times. One individual had signed 15 times. All those signatures were included in the final tabulation by the Arizona Secretary of State and challenged in state courts.&rdquo;<\/p>\n<p>A hearing was scheduled following the submission of that report to determine if votes for the proposition should be thrown out on election day. The Free Enterprise Club argued that the votes should be thrown out and the backer of the initiative, the Make Elections Fair Committee, argued that the case is &ldquo;moot&rdquo; since it is past the publishing deadline and that it would be unconstitutional to double count those signatures. Moskowitz agreed, standing by his original ruling before the Free Enterprise Club appealed, that it was too late in the game to challenge the initiative.<\/p>\n<p>&ldquo;Although there is no statutory authority for the proposition that petition challenges must end before <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/99-of-paired-signatures-for-arizona-rcv-initiative-are-duplicates\/\" title=\"99% Of Paired Signatures For Arizona RCV Initiative Are Duplicates\">ballot printing begins<\/a>, there is case law that supports such a &lsquo;bright light&rsquo; end to such litigation,&rdquo; reads Moskowitz&rsquo;s ruling. &ldquo;Here, the time pressures were such that not every duplicate signature was reviewed and verified by clear and convincing evidence before the August 23, 2024 ballot printing deadline, such that the underlying action is moot as of that deadline.&rdquo;<\/p>\n<p>Additionally, the <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/whitehouse-pushes-justice-dept-to-support-controversial-donor-disclosure-rule\/\" title=\"Whitehouse Pushes Justice Dept. to Support Controversial Donor Disclosure Rule\">court found<\/a> that &ldquo;double counting&rdquo; of the invalid signatures would raise the constitutional threshold of valid signatures from 15% (ballot initiatives require 15% of the number of votes cast for governor during the last election cycle to make it on the ballot) to 15.2%, making the double counting of the signatures unconstitutional.<\/p>\n<p>&ldquo;This is an undeniable triumph for Arizona voters,&rdquo; said Sarah Smallhouse, chairperson of the Make Elections Fair Committee. &ldquo;Prop 140 is officially on the ballot and every vote will be counted. This ruling solidifies that our democratic process cannot be undermined by frivolous legal tactics.&rdquo;<\/p>\n<p>However, the Free Enterprise Club will be appealing, returning the case to the Supreme Court.<\/p>\n<p>&ldquo;From the moment he was unanimously rebuked by the AZ Supreme Court for blocking the removal of nearly 40,000 duplicate signatures, Judge Moskowitz has been trying to find a way to place Prop 140 on the ballot, irrespective of whether it had enough signatures to qualify,&rdquo; reads a statement from the Arizona Free Enterprise Club. &ldquo;Today he issued a ruling manufacturing that outcome, deciding that the statutory method for determining the number of valid signatures for ballot initiatives is now unconstitutional.&rdquo;<\/p>\n<p>While the Free Enterprise Club is still fighting this battle, Chuck Coughlin, a member of the Make Elections Fair Committee, said that they are moving on, confident that the Supreme Court will maintain the <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wind-turbine-debacle-shows-biden-harris-green-new-deal-failure\/\" title=\"Wind Turbine Debacle Shows Biden-Harris Green New Deal Failure\">trial court&#038;rsquo<\/a>;s decision.<\/p>\n<p>So, while Arizona voters will see Prop. 140 on their ballots, it remains to be seen if their votes will be counted.<\/p>\n<\/div>\n<p> <script data-cfasync=\"false\" src=\"http:\/\/www.washingtonexaminer.com\/cdn-cgi\/scripts\/5c5dd728\/cloudflare-static\/email-decode.min.js\"><\/script><script>!function(){var g=window;g.googletag=g.googletag||{},g.googletag.cmd=g.googletag.cmd||[],g.googletag.cmd.push(function(){g.googletag.pubads().setTargeting(\"has-featured-video\",\"true\")})}();<\/script><script>var _bp=_bp||[];_bp.push({\"div\":\"Brid_1765112\",\"obj\":{\"id\":\"27789\",\"width\":\"1280\",\"height\":\"720\",\"stickyDirection\":\"below\",\"video\":\"1765112\"}});<\/script><script defer src=\"https:\/\/services.brid.tv\/player\/build\/brid.min.js\"><\/script><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<div class=\"tdb-block-inner td-fix-index\"><\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Maricopa County Superior Court Judge Frank Moskowitz has determined that a proposition aimed at implementing open primaries in Arizona will still be presented to voters, despite nearly 40,000 signatures being deemed invalid. Although ballots featuring the proposition have already been printed, the Arizona Supreme Court instructed the superior court to examine evidence of duplicate signatures submitted by the Arizona Free Enterprise Club. Special Master Christopher Skelly reported that out of approximately 38,000 signatures reviewed, about 99% were duplicates. The report indicated that around 250 individuals had signed multiple times, with one person signing as many as 15 times. These signatures were included in the final count submitted to the Secretary of State and subsequently challenged in court.<\/p>\n<p>A hearing was set to decide whether votes for this proposition should be discarded on election day. The Free Enterprise Club contended that these votes should not be counted, while supporters of the initiative argued that it was too late for such challenges since it was past the deadline for publishing ballots and counting those invalidated signatures would violate constitutional standards.<\/p>\n<p>Judge Moskowitz upheld his previous ruling stating it was too late to contest the initiative due to time constraints preventing thorough verification of all duplicate signatures before printing deadlines. He noted there is no specific law mandating when petition challenges must conclude but referenced case law supporting a clear end point for such litigation prior to ballot printing.<\/p>\n<p>The court also concluded that counting invalidated signatures would raise the required valid signature threshold from 15%\u2014the minimum needed for ballot initiatives\u2014to over 15%, rendering any double counting unconstitutional. Sarah Smallhouse from the Make Elections Fair Committee celebrated this decision as a victory for voters and emphasized its importance in protecting democratic processes against frivolous legal maneuvers.<\/p>\n<p>However, despite this ruling, the Free Enterprise Club plans to appeal and return their case to the Supreme Court. They criticized Judge Moskowitz&#8217;s decision as an attempt to place Prop 140 on ballots regardless of its validity based on signature counts. Meanwhile, Chuck Coughlin from Make Elections Fair expressed confidence that their position would be upheld by higher courts even as they prepare for Prop 140&#8217;s presence on upcoming ballots\u2014leaving uncertainty about whether those votes will ultimately count<\/p>\n","protected":false},"author":1,"featured_media":2343829,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/www.washingtonexaminer.com\/wp-content\/uploads\/2024\/08\/2024-arizona-elections.webp","fifu_image_alt":"","footnotes":""},"categories":[538],"tags":[4472,32691,37612,41282,32603],"class_list":["post-2343828","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-washington-examiner","tag-arizona","tag-judge-ruling","tag-legal-challenge","tag-open-primary","tag-political-news"],"fifu_image_url":"https:\/\/www.washingtonexaminer.com\/wp-content\/uploads\/2024\/08\/2024-arizona-elections.webp","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2343828","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2343828"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2343828\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2343829"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2343828"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2343828"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2343828"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}