Maricopa County Republicans filed a lawsuit challenging the transportation sales tax extension that county voters seemingly approved at the ballot this year.
According to official results, 59.83% of Maricopa County voters approved Proposition 479.
In a lawsuit filed in Maricopa County Superior Court, the Maricopa County Republican Committee argued the measure needed at least 60% of the vote to pass. The county party cited Proposition 132, a state constitutional amendment passed by voters in 2022 that requires taxes to receive a supermajority vote to pass at the ballot.
“Therefore, Proposition 479’s tax did not receive the Constitutionally required percentage of voters for or against to pass into law and become a tax in Maricopa County, Arizona,” according to the lawsuit.
Prop. 479’s backers considered whether the 2022 rule applied to their measure during the campaign and are confident it is not subject to the 60% threshold, said Phoenix Chamber of Commerce Vice President Mike Huckins, who worked on the campaign to pass Prop. 479.
“We felt comfortable in the fact that the proposition that passed a couple of years ago was for statewide issues and not local ones,” Huckins said.
That’s backed up by an Arizona Court of Appeals opinion filed in June rejecting a similar argument that sought to invalidate a tax approved by 51% of Cochise County voters in 2023.
The 2022 state constitutional amendment specifically applies to citizen initiatives or issues referred to voters, also called a referendum.
But, when state lawmakers gave Maricopa County permission to send Prop. 479 to voters in 2023, they specifically stated it is not a referendum.
“This section does not constitute a submission of any provision of law to the people for approval under the power of the referendum,” according to the legislation.
And the appeals court found that county tax measures do not qualify as initiatives, either.
“Contrary to Contestors’ argument, the tax measure at issue was not an initiative. It was not proposed by the electorate…Rather, it was proposed by the Cochise County Board of Supervisors and the Board of Directors of the Cochise County Jail District and submitted to the electorate under [state law],” according to the Appeals Court opinion in the Cochise County case. “The constitutional provisions concerning initiatives are therefore not applicable.”
Huckins said the Prop. 479 campaign is asking the court to intervene in the Maricopa County Republican Committee’s lawsuit so it can file a motion to dismiss the case, arguing the 2022 tax rule does not apply.
A spokeswoman for the Maricopa County Attorney’s Office confirmed the county also plans to file a motion to dismiss the lawsuit.
A copy of that motion is not yet available, but Huckins said he believes Maricopa County will argue the lawsuit constitutes an election contest and the county GOP missed the deadline to file that type of challenge.
