By Roland Murphy for AZBEX
On Nov. 30, the Maricopa County Republican Committee filed a lawsuit in Maricopa County Superior Court seeking to decertify passage of the Proposition 479 renewal of the Maricopa County half-cent transportation tax from the November election.
The lawsuit names Arizona Secretary of State Aaron Fontes, the Maricopa County Board of Supervisors and State Treasurer John Allen as defendants.
Maricopa County is requesting a dismissal of the complaint.
Voters approved Prop 479 in the Nov. 5 election as a renewal to the previous Proposition 400 half-cent transportation tax that funded modern extensions to the Maricopa County freeway system, light rail and several other major and minor projects around the Valley. The tax was first approved in 1985 and renewed in 2004. It accounts for approximately half of the funding in the current Regional Transportation Plan.
Then-Governor Doug Ducey vetoed the initial legislation to renew Prop 400, which set off a firestorm of Republican opposition to the measure when it came back before the Legislature. The bill got caught up in the constant back-and-forth between the Republicans’ more conservative members and Democrat Gov. Katie Hobbs. Republicans opposed the extent of the plan’s focus on transit system development over freeway and road construction. A scaled-back version of the renewal was ultimately passed by the Legislature, approved by the Governor and presented to voters, where it passed by a significant margin. (AZBEX; June 13, 2023)
It should be noted Maricopa is the only Arizona county that must secure legislative approval for a tax referendum measure.
The MCRC filed its lawsuit citing another feature in Arizona law. Proposition 132, passed in 2022, states that constitutional amendments and tax increases approved by voters must pass by a minimum of 60% of votes cast in order to be valid.
Prop 479 passed with 59.82% of the vote. The plaintiffs claim the vote to certify the election result for passage was improper because of the 0.18% shortage.
Supporters of the result say the Republicans’ claim is wrong on its face. The campaign committee that worked in support of passing Prop 479, Connect Maricopa, filed a motion to intervene in the case on Dec. 4 and disputes claims that Prop 479 had to meet the 60% threshold.
They argue the tax increase requirement under Prop 132 only applies to constitutional amendments. An article last week in the Arizona Republic reinforces this argument, reporting, “When lawmakers were debating this issue in 2023, they clarified that the requirement that tax measures need 60% voter approval applies only to constitutional matters. The transportation tax extension does not amend the constitution.”
Supporters are optimistic about the chances for dismissal, and Maricopa Association of Governments Executive Director Ed Zuercher is quoted in the article as saying, “The lawsuit is without merit. The regional transportation plan that was unanimously approved by MAG’s mayors, tribal and county leaders, and supported by business leaders and the voters, will be implemented on schedule.”
Oral arguments are set for Dec. 13.
Update: On Dec. 9, The Maricopa County Republican Committee filed a notice of dismissal withdrawing its complaint against the passage of Prop 479.