An open primary proposition will be on the ballot in November, but whether or not voters can actually put the measure into law remains to be seen.
Proposition 140, also known as the Make Elections Fair Act, would require that primary elections no longer be partisan. Candidates of any affiliation would all be competing in a general election and voters can vote on any candidate regardless of either’s affiliation.
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The Arizona Free Enterprise Club (AFEC) filed a lawsuit against the Make Elections Fair Act (MEFA) on Friday. The complaint alleged that the initiative violates the Arizona Constitution by illegally combining multiple constitutional amendments in one ballot initiative. It said the “Make Elections (Unfair) Act” will “radically alter Arizona’s constitutional structure in multiple ways.”
“In their rush to undermine the will of Arizona voters for future elections, the special interests that drafted this measure ignored our laws and our Constitution,” said Scot Mussi, president of AFEC in a statement. “This egregious disregard for law and order exudes arrogance from these parties and should disqualify their measure from the November ballot.”
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The Make Elections Fair PAC has filed a lawsuit against Arizona lawmakers, claiming that the description of the ballot measure provided to voters is misleading and confusing. The group argues that the language, crafted by the Arizona Legislative Council, inaccurately suggests that the initiative would mandate ranked choice voting. Sarah Smallhouse, chairman of the campaign, stated that lawmakers refused to amend the description as requested, protecting their own interests in closed primaries. The PAC is asking the court to rewrite the description in a neutral tone. They claim placing ranked choice voting in the description is deceptive.
According to the group’s website, the Make Elections Fair Act aims to eliminate partisan primaries, placing all candidates on the same ballot regardless of political affiliation and allowing voters to choose their favorites without separate ballots. The website states the initiative seeks to “dismantle the current system”, which often excludes independent and unaffiliated voters from primary elections. The PAC believes it will promote competition, reduce polarization, and ensure that elected officials are more representative of the entire electorate.
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