Court orders Glendale tax initiative to appear on November ballot

The state appeals court has ordered the initiative on the city of Glendale 's sales tax should appear on the November ballot. That reverses a lower court's ruling. 

A group called Save Glendale Now filed the initiative that would reverse a recent sales tax increase and subject future hikes to voter approval. The Glendale city clerk rejected the initiative, saying the summary was misleading because initiatives can't do that.

A Maricopa County Superior Court Judge upheld the clerk's rejection, but Friday, the appeals court reversed it.

The decision says under the separation of powers in the Arizona constitution, citizens cannot be precluded from voting on initiatives even if they conflict with state law -- that's a matter to be decided if and when an initiative passes.

The decision also rejects arguments by Glendale that the petition filing wasn't timely and was missing the serial number related to the city council's tax increase.

The city of Glendale released a statement that reads: "The City has reviewed the Court's ruling and will consider that opinion relative to its position, which has always been to protect the integrity of the election process for all Glendale voters and to assure compliance with the statutory requirements established by the Legislature."

Read the decision order.

Updated 8-24-12 3:25 p.m.