Arizona Judge Issues Critical Ruling on “Open Election/Open Government Act”
Arizona’s “Stop Top Two” Political Committee Responds Positively
PHOENIX, AZ - A Maricopa County Superior Court judge ruled on Monday the “Open Elections/Open Government Act” violated current Arizona law and should not be placed on the ballot, underscoring a victory for the Stop Top Two political committee which is fighting against the proposed measure (C-03-2012). Stop Top Two was founded by Free and Equal, a Chicago-based organization that has been fighting against the top two system in various states nationwide.
“This is a first, encouraging, step in our efforts to stop the so-called Open Elections measure,” said Christina Tobin, Free and Equal Founder and Chair. “The measure would demean the voting process, opening the door to additional corporate influence, political deception and potential fraud in Arizona’s election system.”
Free and Equal played a major role in opposing 2010′s “Proposition 14″ in California as well as “Top Two” legislation in several other states. Recently they have put their attention towards Arizona, which has begun to take up the issue as well.
Celebrating the decision, Michael Liburdi, attorney for the opposition stated: “This committee put in a provision that has nothing to do with the substance of what they’re trying to achieve, and from all indications they did it in a manner to use it as a sound bite in their political campaign.”
The “Separate Amendment Rule” in Arizona law states ballot initiatives should focus on one core purpose. The Top Two measure as written, prohibited public funding for parties in the primary. This feature of the measure was considered by some to be outside the scope of a “Top Two Primary” election system and should not have been included. The judge apparently agreed.
“Congratulations to Mike Liburdi of Snell & Wilmer for his opening-round victory,” said Tobin. “However, the fight is not over, an appeal by the Proponents is under way.”
To learn more about Free and Equal click here.
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