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Arizona Supremes Urge Initiative Reform

November 19, 2008 - 10:50am

In an opinion in a case on a particular initiative, the Arizona Supreme Court urged broader reform of the initiative process, particularly with regards to signature gathering. The court argues that signature gathering has become too big and time-consuming a process. From the opinion, written by Justice Andrew Hurwitz and issued yesterday.


it would clearly be preferable for the legislature to modify the

statutory scheme in light of today’s realities to avoid such

structural problems. Our election officials are required to

process large numbers of initiative and referendum petitions.

The growth of the state’s electorate means that the number of

signatures submitted in order to qualify for placement on the

ballot has also steadily grown. And, even when the Secretary

and county recorders complete the verification process within

the statutory deadlines, the time for judicial review has been

shortened by the need to prepare ballots for early voting.


It is, of course, not within our constitutional

assignment to suggest specific legislative solutions to this

problem. And, if no change is made in the qualification

process, the judiciary will continue to decide election cases

with all appropriate celerity. But it is not, we think, beyond

our role to suggest that there may be a better way, and to

encourage the other branches of government to consider that

issue.

Court suggestions

Courts should take ask legislatures to resolve issues that come before the courts whenever possible in order to avoid having the judicial branch take a larger a role in governance than is necessary.