NEW: Court of Appeals Knocks Legislators' Suit Against "Voters' Right To Know Act", But Gives AZ Legislature a Chance To Limit (READ Opinion)

Arizona's "Voters' Right To Know Act" is still standing after the Court of Appeals today mostly ruled against House Speaker Ben Toma and Senate President Warren Petersen. However, the judges did find that a provision designed to limit the Legislature's ability to limit the Citizens' Clean Elections Commission's authority is unconstitutional.

Therefore, the Legislature can try to pass laws (with the Governor's signature) that could limit the CCEC's rules or enforcement actions.

Toma-Petersen retained outside counsel Snell & Wilmer to contest both that provision and, more importantly, the Act's giving the CCEC the power to enforce the voter-approved measure to prompt the disclosure of "dark money".

At oral argument, an attorney for the Commission acknowledged that if the term "legislative governmental body" in the Act included the Legislature, then the limitation would be unconstitutional.

No word yet on whether the legislative leaders intend to appeal the unfavorable part of today's Opinion or whether they plan to try to pass laws limiting the CCEC (as they have done before).

Other lawsuits challenging the Voters' Right to Know Act have also fallen short, and the rules passed by the CCEC are in effect for this year's elections. They require disclosure of the original source of monies behind certain larger expenditures.

In fact, today's decision came out just as the CCEC was meeting to pass another Advisory Opinion to give committees (and, attorneys) guidance on what spenders are subject to the Act. (More on that later.)

This article was reported by AZ Law founder Paul Weich. 

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