BREAKING: 2 Court Hearings Set On Knocking the Border Crossing HCR2060 Off November Ballot, Beginning Tomorrow

UPDATE, 6/12, 4:30: "UPDATE: 

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Original article, 6/11: "BREAKING: 2 Court Hearings Set On Knocking the Border Crossing HCR2060 Off November Ballot, Beginning Tomorrow"

Tomorrow, two courts will begin hearing lawsuits seeking to throw the border crossing-related HCR 2060 off of Arizona's November ballot. Different civil rights and political groups filed similar lawsuits last week against the Republican-controlled Legislature's move to refer the measure to the ballot. Both allege that the measure violates the Arizona Constitution's single-subject provision.

The case filed by Living United for Change in Arizona and State Rep. Oscar de los Santos will have an initial status conference in front of Judge Katherine Cooper tomorrow. 

Meanwhile, Poder In Action, the Phoenix Legal Action Network and the Florence Immigrant and Refugee Rights Project today filed for a Preliminary Injunction against the ballot referral (below) and have an Order to Show Cause hearing in front of Judge Scott Blaney set for two weeks from tomorrow.

The Motion for the preliminary injunction claims that the measure asks voters to make two very different new crimes - one for illegally entering or staying in the country, and one for selling lethal fetanyl.

But the Legislature’s attempt to impose state law consequences against those who do not enter the country and State through a legal port of entry or who submit false documents or information in applying for employment or public benefits has nothing to do with imposing criminal liability on every adult who commits the “sale of lethal fentanyl.”

The Motion notes that the Legislature tried to head off this single subject issue by adding an affirmative defense if the lethal fentanyl was U.S.-sourced, but that that should not be sufficient. 

In fact, the Motion - filed by attorney Andy Gaona - alleges that HCR 2060 is actually a "chimera"* of four different bills that had been introducted by Republican lawmakers earlier in the session. That is presented as proof that the Legislature violated the single subject rule by "log rolling" (combining disparate items in order to get necessary votes from different lawmakers). The Arizona Supreme Court struck down similar budget-related log rolling in 2022.

Both suits name Arizona and Secretary of State Adrian Fontes (as the officer who accepted the Legislature's ballot referral). House Speaker Ben Toma and Senate President Warren Petersen have intervened and hired outside counsel.

This article was reported by AZ Law founder Paul Weich. 

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