Arizona group sues over what they say is misleading open primaries ballot initiative description

A group hoping to do away with partisan primaries alleges lawmakers are intentionally misleading voters about their ballot measure. They’re taking the issue to court.

Make Elections Fair AZ wants to institute open primaries, allowing constituents of all political affiliations to vote on the candidate of their choice. But the group contends the “impartial analysis” lawmakers approved to describe their measure on July 8 is inaccurate.

“It’s clear that they all have a bias and it’s also clear that at least all the Republicans on the committee, which was a majority, are supporting a ballot initiative that is completely contrary to ours, and so we think it is intentional,” Make Elections Fair AZ campaign leader Chuck Coughlin said.

As written, the description details the effect the initiative would have out of order. It begins with the fact that the initiative could allow for using voter rankings to pick winners, something Republicans vocally oppose.

Rep. Austin Smith sponsored a measure last year that will also be on the November ballot and, if passed, will ban “ranked choice voting.”

Lawmakers passed the draft language without discussing it among themselves, though an attorney for Make Elections Fair AZ addressed the panel and asked them to restructure the language.

“It’s unsurprising that none of the 14 legislators on the Council agreed to adopt our proposed changes to clarify their analysis and describe the most important elements of the initiative first,” Sarah Smallhouse, Chairman of the Make Elections Fair Committee, said in a statement. “As the beneficiaries of the current electoral process we are proposing to change, the Council each have an inherent conflict of interest.”

The fact that the initiative could impact sitting lawmakers is made clear in the filing, issued Wednesday.

“The Initiative’s impact on elections for the Arizona State Legislature would

be significant. Now, many legislative seats are determined in low-turnout partisan

primaries. That would end if this Initiative passes,” the filing states.

Make Elections Fair AZ requests that the court issues an injunction prohibiting the Secretary of State’s Office from including the lawmaker’s analyses of their ballot measure on a publicity pamphlet, which will be sent to voters later this year.