Friday, August 26, 2022

BREAKING: Fair Elections Initiative THROWN OFF the ballot after judge re-checks his work (READ Amended Judgment)

UPDATE, 3:55PM: The Arizona Supreme Court has AFFIRMED Judge Mikitish's amended decision from this morning to remove the Fair Elections Initiative from the November ballot. The snap decision comes despite several questions pertaining to the re-worked arithmetic (more details below)

The hanging-by-a-thread voters' initiative called Free and Fair Elections is now OFF OF THE NOVEMBER BALLOT, after Superior Court Judge Joseph Mikitish was told by the Arizona Supreme Court to (quickly) explain his math.


The case - brought by the dark money Arizona Free Enterprise Club - has bounced back and forth between Superior Court and the Arizona Supreme Court. There were a number of objections raised to the paid ciruclators' registrations and other issues. A Special Master was brought in to sort through the objections and the numbers, and Judge Mikitish issued a ruling last week. The AZFEC appealed to the the Supreme Court. After the Supreme Court upheld some of the rulings and reversed others, it was sent back to Superior Court. Yesterday, Mikitish issued a decision saying that the measure qualified, and plaintiffs renewed their appeal.

Last night, the Supreme Court ordered Mikitish to explain his math by this morning, so that they could decided by this afternoon. 

Judge Mikitish re-did his math, caught a couple of mistakes, may have added some new mistakes and added new rulings to conclude that the initiative falls short of the 237,645 required to be on the November ballot. Here is a fuller explanation:

No word yet from the attorneys for the proposed initiative as to whether they will challenge this morning's about face.

(Thanks to GOP political consultant Brian Murray for sending a copy of the Amended Final Judgment.)

(This is a developing story. Please check back for further details.) 


This article was reported by AZ Law founder Paul Weich. Paul was 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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