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Attorney says border ballot measure passed by Legislature does not break single subject rule

New border fence
Michel Marizco/KJZZ
Border fence going up in Organ Pipe Cactus National Monument on Feb. 26, 2020.

Challengers filed a lawsuit last month to stop what they say is an unconstitutional ballot measure that would make it a state crime to illegally cross the Arizona-Mexico border.

New court filings give a defense from Republican legislative leaders.

The core of the challenge claims the ballot measure does not pertain to one single subject, as required by the state constitution.

Along with allowing local police to make arrests, HCR 2060 would increase penalties for people who sell fentanyl and for those who use false documents to obtain public benefits.

In the legal filings, attorney Kory Langhofer claims those provisions will stand up to the single issue scrutiny, as it all falls under the general subject of harms relating to the southern border.

Langhofer also cited case law that says the question of what is a single subject is to be given broad meaning. No date is set for a hearing.

Greg Hahne started as a news intern at KJZZ in 2020 and returned as a field correspondent in 2021. He learned his love for radio by joining Arizona State University's Blaze Radio, where he worked on the production team.