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Arizona Initiative to Prohibit Universal Coverage Is Back On Nov. Ballot, For Now

August 20, 2008 - 9:55am

Arizona's direct democracy is a mess. Signature gathering firms there are struggling to get valid signatures on initiative petitions. Three measures were knocked off the ballot because of low validity rates.

Now one of those initiatives -- a measure that would preemptively bar legislation such as that passed in Massachusetts (and pursued in California) for expanded health care coverage -- has received new life. A superior court judge ruled that some signatures marked invalid were, in fact, valid. When the new tally from a random sample was calculated, the initiative, Prop 101, had enough signatures to make the ballot, the Arizona Daily Star reports. This may not be the last world. Opponents could appeal.

Lemons v. Bradbury

The Arizona court came to a different conclusion about the role of random sampling than a series of court just did in Lemons v. Bradbury:

http://ballotpedia.org/wiki/index.php/Lemons_v._Bradbury

In Lemons, plaintiffs were not allowed to rehabilitate individual signatures in order to adjust the results of a random sampling determination.

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