Contest of a Certain Special Election v. Special Road Districts Nos. 9, 10, 11 and 12
659 P.2d 1294
Ariz. Ct. App.2011Background
- Special road districts in Fountain Hills, Maricopa County, Arizona, organized in 1973 under A.R.S. §§ 18-251 et seq., operating via a consolidated joint board.
- In 1974 voters authorized bond issuance up to $24,000,000 at max 9% interest; about $6,000,000 had been sold by 1974.
- In 1979, districts sought to raise the maximum interest rate to 12%; the election produced 52.9% affirmative votes, short of the required two-thirds.
- Districts certified the result as if two-thirds approved and proceeded accordingly.
- Appellees (voters opposing the rate increase) filed an election contest under A.R.S. § 16-1201; intervenors included MCO Properties and Johanna Kobli, proponents of the proposal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the two-thirds voting requirement for bond approvals violates equal protection. | Appellees contend special road districts are treated differently from other bond issuers, infringing EP. | Appellants rely on Gordon v. Lance to argue uniform two-thirds requirement is constitutional and rational. | Two-thirds requirement does not violate equal protection; it passes rational basis review. |
Key Cases Cited
- Gordon v. Lance, 403 U.S. 1 (1971) (upheld a 60% threshold as constitutional; uniform majorities need not apply to all bond issues unless discrimination shown)
- Brenner v. School District of Kansas City, Missouri, 403 U.S. 913 (1971) (affirming strict scrutiny rejection for challenge to high voting thresholds in school bonds)
- Hill v. Stone, 421 U.S. 289 (1975) (strict scrutiny not required where there is no identity or exclusion from voting)
- Carrington v. Rash, 380 U.S. 89 (1965) (examples of classifications where voting rights and classifications may be justified by state interests)
- Harper v. Virginia State Board of Elections, 383 U.S. 663 (1966) (one person, one vote considerations; voting rules and classifications)
- Gomillion v. Lightfoot, 364 U.S. 339 (1960) (racially based electoral districting; illustrates equal protection concerns in districting)
- Ball v. James, 451 U.S. 355 (1981) (voting rights and weight of votes in special districts (contextual guidance))