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445 P.3d 2
Ariz.
2019
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Background

  • Building a Better Phoenix (BBP), a political committee, sought to place the "Building a Better Phoenix Act" (Initiative) on Phoenix's August 2019 special election ballot to stop future light rail extensions and redirect local sales-tax funds to "infrastructure improvements."
  • BBP filed with the Phoenix City Clerk, received a petition serial number, and hired a commercial circulation firm that paid circulators on a per-signature basis.
  • Arizona Chapter of the Associated General Contractors and an individual (Contractors) sued under A.R.S. § 19-122(C) to enjoin ballot placement, arguing: (1) signatures should be void because circulators were paid per signature in violation of A.R.S. § 19-118.01(A); and (2) the 100-word petition description violated A.R.S. § 19-102(A) by being misleading.
  • The superior court denied relief; the court of appeals affirmed. The Arizona Supreme Court granted expedited review and affirmed.
  • The Supreme Court addressed (1) whether § 19-118.01(A) (which on its face applies to "statewide" initiatives) applies to local measures and (2) whether the petition's 100-word description created a significant danger of confusion or unfairness.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether A.R.S. § 19-118.01(A) (prohibiting pay-per-signature) applies to local initiative petitions § 19-118.01(A) must apply to local measures via A.R.S. § 19-141(A); signatures paid per-signature are void § 19-118.01(A) applies only to "statewide" measures as written; § 19-141(A) does not nullify the "statewide" limitation Court held § 19-118.01(A) applies only to statewide measures; superior court correctly refused to void signatures
Whether the Initiative's 100-word description violates A.R.S. § 19-102(A) by misleading signers The description misleads by (a) implying terminating extensions generates "revenues," (b) failing to disclose that only city-controlled funds can be redirected and that regional/federal funding might be affected, and (c) not stating that "infrastructure improvements" excludes light-rail repairs The description states the principal provisions concisely; it need not detail all consequences; the Initiative does not eliminate funding for existing light-rail upkeep Court held the 100-word description complied with § 19-102(A); it did not create a significant danger of confusion or unfairness

Key Cases Cited

  • Molera v. Reagan, 245 Ariz. 291 (2018) (statutory interpretation and standards for evaluating petition descriptions)
  • Nicaise v. Sundaram, 245 Ariz. 566 (2019) (interpretation of statutory text in context)
  • City of Phoenix v. Glenayre Electronics, Inc., 242 Ariz. 139 (2017) (presumption that legislature knows existing laws)
  • Reed-Kaliher v. Hoggatt, 237 Ariz. 119 (2015) (harmonizing apparently conflicting statutes)
  • Ballesteros v. American Standard Insurance Co. of Wisconsin, 226 Ariz. 345 (2011) (inferences from statutory omissions)
  • Save Our Vote v. Bennett, 231 Ariz. 145 (2013) (100-word description need not be exhaustive; tests for misleading descriptions)
  • Tilson v. Mofford, 153 Ariz. 468 (1987) (political fora are proper venue to argue measure consequences)
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Case Details

Case Name: Ariz. Chapter of the Associated Gen. Contractors of Am. v. City of Phx.
Court Name: Arizona Supreme Court
Date Published: Jul 24, 2019
Citations: 445 P.3d 2; 247 Ariz. 45; CV-19-0158-PR
Docket Number: CV-19-0158-PR
Court Abbreviation: Ariz.
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    Ariz. Chapter of the Associated Gen. Contractors of Am. v. City of Phx., 445 P.3d 2