BREAKING: Judge DISMISSES Challenge To Arizona's Voter-Passed Anti-Dark Money Initiative (READ Decision)

 A judge has dismissed a challenge to the Voters' Right To Know initiative passed overwhelmingly last November by Arizona voters, finding that the new law is not unconstitutional on its face.

The measure requires the disclosure of the original source of campaign media spending, and the Center for Arizona Policy and the Arizona Free Enterprise Club challenged the constitutionality.

Superior Court Judge Scott McCoy noted that the dark money groups bore a "heavy burden" to overcome the presumption that voter-approved measures are unconstitutional, and that they failed to do so. 

Because they surprised the court - his words - at oral argument by also saying the disclosure law is also unconstitutional as it is applied to them, McCoy will permit them to amend their Complaint to show how it has already impacted them. (Proposed rules implementing the measure are about to be released for comment by the Arizona Clean Elections Commission.)

Terry Goddard, former Arizona Attorney General and the Chair of the Stop Dark Money group which placed the measure on last year's ballot, celebrated the ruling. His statement to Arizona's Law:

"It is a scholarly and eloquent decision that refutes each of the legal challenges brought in the state action conclusively.  Many thanks to the great lawyers at the Campaign Legal Center representing Stop Dark Money and at Osborn Maledon representing the Citizens Clean Elections Commission."

There is also a federal court challenge to the law still pending.

Disclosure: The author of this article participated in the Stop Dark Money campaign(s).

"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. 

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.