The Libertarians have been fighting a law passed in 2015 by the Republican-controlled Legislature (signed by a Republican Governor) that has effectively wiped out Libertarians from appearing on general election ballots. The amendments - following several close Congressional races that featured Libertarian candidates possibly impacting the outcome - changed signature requirements for the Libertarian candidates. (It factored in unaffiliated voters in the calculations. Although it also changed the formula for Democratic and Republican signature requirements, only Libertarian candidates saw a significant increase in the minimum number of signatures required.)
The Libertarian Party has argued that this has put them in an unconstitutional "electoral purgatory" - with enough registered party members to have an established spot on the ballot while it is impossible for party candidates to qualify for the primary and general elections. Arizona law gives each party the choice of whether to allow independents to vote in its primary elections, and only the Libertarians have chosen to keep their "associational right" to exclude non-Libertarians from voting in their primary.
The Libertarians have been battling against the law since 2016. In fact, the first challenge was filed by the Republican Party against a Libertarian Party's candidate for Governor that year. The Arizona Supreme Court upheld the new rrequirements. Last year, the Ninth Circuit panel unanimously ruled that Arizona only "impose, at most, a modest burden on the Libertarian Party’s First and Fourteenth Amendment rights, while directly advancing Arizona’s important regulatory interests."
Today, the U.S. Supreme Court decided not to review that Ninth Circuit ruling.
* * *
Simultaneously, the Justices declined to hear what could be the final legal chapter in the city of Tempe/Salt River squatter dispute that dates back to before Arizona's statehood.
Steven Sussex lives in an adobe house on the banks of the Salt River near downtown Tempe that his family bought and has occupied since 1892. (Arizona became a state in 1912.)
Tempe and the state of Arizona have been trying to get him and his personal property off of the property since shortly after Tempe Town Lake became a reality. The legal cases began in 2010, and have continued at one level or another ever since.
Sussex told the Supreme Court that "the injustice to the Sussex family is of national magnitude." He also claims that the Arizona Court of Appeals incorrectly applied state law to decide federal law - the New Mexico-Arizona Enabling Act of 1910. (The Arizona Supreme Court chose not to review the lower court's decision.)
The Sussex Petition outlines an interesting chapter in the state's history, explaining how Congress gave Arizona land to establish the trust to benefit Arizona education. The "checkerboard" method of deciding which land went into the trust deeded the state some lands that already had settlers living on it.
In 2002, the State sold the land the Sussexes were on to the Union Pacific Railroad and then to the city of Tempe. The crux of the case against that sale is that the State is required to sell the trust lands by public auction, per the Enabling Act.
As detailed in this Arizona Republic article, one of the Arizona Court of Appeals judges figuratively threw his hands in the air and asked "Who the hell owns this property, then?!?" for this article, Steven Sussex also gave the paper and his attorney, Jack Wilenchik, this tour of the 128+-year old property.
*
"AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc.
AZ Law airs on non-profit Sun Sounds of Arizona, a statewide reading service that provides audio access to printed material for people who cannot hold or read print material due to a disability. If you know someone who could benefit from this 24/7 service, please let them know about member-supported Sun Sounds. And, YOU can donate or listen here.
Previous episodes of AZ Law can be streamed or downloaded here, or wherever you get your podcasts.
No comments:
Post a Comment