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Arizona Supreme Court Lets Lawmakers Challenge Prop 211, Keeps Disclosure Law Intact

The ruling returns the separation-of-powers dispute to a trial judge, leaving the voter-approved transparency measure in force.

Overview

  • Justices ruled 5–2 that legislative leaders have standing to contest whether Prop 211 improperly delegates lawmaking authority to the Citizens Clean Elections Commission.
  • The court reversed a trial judge’s finding that the lawmakers lacked standing and remanded the case for further proceedings on the constitutional claims.
  • The decision did not address whether any part of Prop 211 is unconstitutional, and the disclosure requirements remain operative during the litigation.
  • Justice Clint Bolick authored the majority; Chief Justice Ann Scott Timmer and retired Justice Rebecca White Berch dissented, disputing that the Legislature showed a tangible injury.
  • A separate challenge by the Center for Arizona Policy and the Arizona Free Enterprise Club, joined by two anonymous donors, is pending after lower courts rejected free speech and privacy claims.