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Lawsuits challenge several Arizona ballot measures

Challenges target measures on election rules, public-sector unions, transgender students, public funding and school vouchers.

Lawsuits challenge several Arizona ballot measures

Key takeaways

  • Keating is challenging an election-related constitutional amendment.
  • He argues that the measure combines unrelated provisions.
  • Other lawsuits concern unions, transgender students and preferential treatment.
  • Save Our Schools Arizona is challenging a school voucher proposal.

Election proposal challenged

Tempe City Councilman Randy Keating has sued to block a proposed constitutional amendment from appearing on Arizona’s November general election ballot. The measure, placed on the ballot by the Republican-controlled Legislature, addresses election administration and could allow future lawmakers to outlaw early voting.

Keating argues that the proposal combines provisions that are too different to be presented as one take-it-or-leave-it vote. Through attorneys Roy Herrera and Daniel Arellano, he is asking Maricopa County Superior Court Judge Christopher Whitten to prevent Secretary of State Adrian Fontes from placing the amendment on the ballot.

Other measures face lawsuits

Separate court challenges target several other measures referred to voters by the Legislature.

One proposal would prevent public schools from using resources, including payroll deductions, to support unions. Its language also could prevent state and local governments from negotiating with labor organizations over wages, grievances, labor disputes, pay and other employment conditions.

Another measure would add restrictions to existing laws concerning transgender girls’ participation in girls’ sports. It also includes rules governing access to restrooms and locker rooms.

A third proposal would add prohibitions intended to supplement current laws against preferential treatment based on race or ethnicity. Among its provisions is a ban on universities using public money for offices or employees that promote such treatment.

Save Our Schools Arizona also filed a lawsuit over a school voucher proposal. The measure would allow students from military families to save Empowerment Scholarship Account money for college. It also would override another ballot measure if voters separately approve new restrictions on those vouchers.

The courts must determine whether the challenged proposals can remain on the November ballot.

What to watch

  • Judge Christopher Whitten’s ruling in Keating’s case
  • Whether any challenged measures are removed from the ballot
  • Further court proceedings involving the other legislative referrals

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