ARIZONA

Backers of proposed AZ ballot measures ask high court to let them collect signatures online

Andrew Oxford
Arizona Republic

Supporters of six proposed ballot measures in Arizona went to court Thursday asking judges to let them gather signatures online to qualify for the general election in November.

Many campaigns have put on hold their efforts to gather petition signatures as public health officials urge Arizonans to stay home in an effort to stop the spread of the coronavirus.

The busy storefronts, libraries and campuses where volunteers and paid petition circulators could once count on finding voters to sign on in support of their ballot measures are closed or virtually deserted. Meanwhile, campaigns have expressed reluctance to send volunteers out onto the streets as the number of cases grows.

But candidates for state office in Arizona already are allowed to gather signatures from voters online to qualify for the ballot using a system known as E-Qual, and campaigns for several ballot measures argue they should get to use the same system.

"We don’t stop caring about our children or give up our Constitutional rights because a global crisis hits our state," said Raquel Mamani, chair of Save Our Schools Arizona, which is backing an initiative to put new limits the state's school voucher program.

"And we shouldn’t be forced to do so, especially since there are options like E-Qual already in place that voters could easily use under these extraordinary circumstances."

The group signed on to the petition filed with the state Supreme Court asking it direct Secretary of State Katie Hobbs allow them to collect signatures online.

State law only allows the secretary of state to use this system for candidates, not initiatives, however.

The law says anyone signing a petition for a ballot measure must do so "in the presence of the person who is circulating the petition," raising questions about whether the secretary of state could accept signatures electronically even if she wanted to do so.

Groups raise constitutional issues

The groups argue in part that it is unconstitutional for the state to limit the electronic signature system to political candidates.

Campaigns for ballot measures changing state statute face a July 2 deadline to gather at least 237,645 signatures from voters.

Proposals to change the state constitution need 356,476 signatures.

Campaigns usually collect far more signatures than required in case some turn out to be void.

If they cannot gather signatures, they are not effectively able to exercise their right to petition for spots on the ballot, the groups argue.

KWOK:Ballot initiatives want an end around lawmakers. It may not work

Also included in the court filing is a campaign to legalize the recreational use of marijuana, Smart and Safe Arizona; a campaign for changes to criminal sentencing laws, Arizonans for Second Chances, Rehabilitation and Public Safety; and Invest in Education, a ballot measure that seeks to raise nearly $1 billion for education by taxing the state's wealthiest residents.

Two other campaigns filed a similar lawsuit in federal court.

Arizonans for Fair Elections is calling for expanded early voting, tighter rules on lobbying and a slew of changes to the state's campaign finance laws.

Healthcare Rising Arizona is pushing to stop what is known as surprise billing and give some hospital workers a raise.

Both campaigns claim they were on the way to collecting the number of signatures needed for a spot on the ballot before their efforts were curtailed by the coronavirus.

Granting request 'would be unfair'

Scot Mussi, president and executive director of the Arizona Free Enterprise Club, argued initiative campaigns had plenty of time to gather petition signatures and that the court should not change the rules for gathering signatures in the middle of the process.

"To offer this type of relief this late in the game would be unfair to other groups that didn't pursue an initiative because this wasn't an option," he said.

Mussi also said there is no process currently in place for voters to sign initiative petitions electronically.

"I don't see how any of this would be workable," Mussi said.

Secretary of State Katie Hobbs' office said it was still "in the review process" and could not comment on the lawsuits.

Such a change would likely cause a political firestorm, even in the present circumstances.

The lawsuits come amid an ongoing tug-of-war at the state Capitol over direct democracy.

Arizona voters passed a ballot measure in 2016 raising the minimum wage, prompting a series of proposals by Republican legislators to make it harder to get initiatives on the ballot. Meanwhile, Democrats have proposed making it easier to get initiatives on the ballot as they have grown frustrated with attempting to pass legislation through the Republican-controlled Capitol.

State Sen. Andrea Dalessandro, D-Green Valley, proposed legislation this year that would require the Secretary of State electronically accept petition signatures for initiatives and referendums.

The proposal, Senate Bill 1471, has not received a hearing.

Contact Andrew Oxford at andrew.oxford@arizonarepublic.com or on Twitter at @andrewboxford.