Arizona Supremes Urge Initiative Reform
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.
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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.