GLENDALE, Ariz. (AP) - A federal judge is considering whether to order Arizona to allow its existing electronic signature-gathering system to be used by backers of citizen initiatives who say they have been hamstrung because of the effects of the coronavirus outbreak.
A lawyer for two groups backing statewide initiatives told U.S. District Judge Dominic Lanza Tuesday that his clients’ rights under the state constitution to get initiatives on the ballot were being “severely burdened” by the pandemic. Attorney Jim Barton said collecting the 247,000 signatures needed to qualify by the July 2 deadline is virtually impossible.
“We are facing a crisis at the moment,” Barton said during a hearing held by telephone because of the pandemic. “Luckily in the state of Arizona we have a solution that is readily available, that is easily implemented and that the secretary of state is ready to put in place.”
Barton wants Lanza to allow initiatives to use the state’s online signature-gathering system, which currently is used by candidates for office to collect signatures they need to make the ballot. Lawyers for Secretary of State Katie Hobbs, a Democrat, said she doesn’t oppose the request.
But Republican Attorney General Mark Brnovich and the GOP-controlled Legislature are against the effort. Deputy Solicitor General Drew Ensign told Lanza that requiring initiative signatures to be collected in-person has been part of state law for more than 100 years. It’s needed so that voters are educated about the proposal and to deter fraud, he said.
“The Arizona Supreme Court has been very clear that the requirement of in-person signature execution is fundamental,” Ensign told Lanza. He urged Lanza to ask the state’s high court to weigh in on the matter first.
That’s already happening. Backers of four other initiatives have separately asked the state high court to order the use of the “E-Qual” system for initiatives. The court has set an expedited briefing schedule and could rule within weeks.
Lanza appeared hesitant to overturn what he called “a durable, bedrock part of Arizona law that reflects a considered judgment that this is the best way to stamp out fraud and promote civic engagement and promote speech.”
While the arguments Barton pushed seemed logical, Lanza said “its still a pretty profound thing to be asked to displace such a venerable part of Arizona law.”
The judge said he expects to rule quickly; possibly the end of the week.
Initiatives are a critical part of state law, allowing citizens to consider and pass their own laws. They are often used to pass measures the Legislature has refused to enact. Citizens can also overturn laws passed by the Legislature
For instance, voters passed a minimum wage increase in 2016 that was strongly opposed by the Legislature and the business community. And voters repealed a law in 2016 that was passed by the Legislature and signed by Gov. Doug Ducey to create a universal school voucher program.
Backers of initiatives or referendums must collect huge numbers of signatures to get on the ballot. They do that mainly by engaging with the public outside sporting events, grocery stores, theaters and other places where large groups of people gather. That’s become essentially impossible because of a statewide virus lockdown.
Ensign told the judge that initiative backers should have started gathering signatures earlier, and that they could be using their time now to do voter outreach and find alternate ways to get needed support.
Lanza found that implausable.
“Are you seriously arguing that the current conditions in the pandemic are not interfering with the signature gathering … as we’re sitting here on our telephonic argument that we’re not holding in person because of the pandemic?” Lanza asked.
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