UPDATE, 3/22, 4pm: UPDATE: State Conceded Its PC Law Was Unconstitutional, GOP Lawmakers Relieved (READ: State's Response, Judgment)
The Arizona Attorney General told a Yavapai County Superior Court Judge yesterday that the AZGOP was correct in claiming that the law passed two weeks ago was unconstitutional. The Republican majority in the Legislature who pushed it through (with Democrats' votes) was relieved today when the judge knocked it out.
The law would have permitted party chairs to appoint Precinct Committeepersons this year instead of the usual election procedure. The Legislature passed this in the face of issues created by delayed census results, redistricting and reprecincting.
The AG's Office retained outside counsel Brian Bergin to throw the new law under the bus, and it did not take long for Judge John Napper to sign the judgment flattening the law. Bergin agreed that it was "a special law" which violated the Arizona Constitution because it "operates to abolish a single class of elections for a single year."
Original article, 3/21, 1:54pm: TOMORROW: Judge To Hear AZGOP Challege To Precinct Committeeperson Appointment Law (READ Complaint)
The law was a response to challenges stemming from redistricting and unanimously passed both
chambers of the Legislature and was signed by the Governor a couple of weeks ago. The next day, Republican PCs - some of whom have been waging a battle for control of the Republican party - created an uproar. Republican lawmakers tried unsuccessfully to repeal the law they had just passed, but were unable to muster the super-majority necessary.
chambers of the Legislature and was signed by the Governor a couple of weeks ago. The next day, Republican PCs - some of whom have been waging a battle for control of the Republican party - created an uproar. Republican lawmakers tried unsuccessfully to repeal the law they had just passed, but were unable to muster the super-majority necessary.
A precinct committeeperson ("PC") is the most grassroots elected, party position, serving as a liaison between voters in that neighborhood area and the county and state political party organizations. Typically, the PC races are not contested and state law was changed several years ago to not put uncontested races on the primary election ballots.
The GOP brought a legal action last week to stop the new law, which did away for the need for prospective PCs to collect (approximately) a dozen petition signatures to get on the ballot. Representing the AZGOP and the Yavapai County GOP, attorney Alex Kolodin claimed:
"Plaintiffs will be compelled to begin performing illegal and unconstitutional acts contrary to the intent of the Legislator (sic) no later than April 1, 2022 pursuant to the terms of HB2839 Sec. 4. And the bill has already caused great confusion among the Republican party's PCs and has led some seeking elected office as a PC to stop collecting signatures."
According to the court, Judge John Napper intends to hear both evidence and oral arguments tomorrow. However, it could easily be changed to just an initial scheduling conference on the matter. The Complaint (below) names both the State of Arizona and the Yavapai County Elections Department as Defendants, although the latter may have been dismissed from the case. The docket does not indicate that any responses to the action have yet been filed.
(A thanks and hat tip to reader MamaW for offering to obtain the pleadings from the Prescott Courthouse.)
This article was reported by AZ Law founder Paul Weich. Paul is currently running for a seat in Arizona's House of Representatives.
"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 is founded by Phoenix attorney Paul Weich, and joins Arizona's Politics on the internet.
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