Frequently Searched

Arizona Voters Should Decide If Secret Ballots Are Fundamental Right

November 4, 2014

PHOENIX — Arizona voters will have the opportunity in November to decide if secret ballots should be a constitutional right during public elections and the creation of labor unions, unless a union succeeds in its bid to have the proposed amendment removed as a ballot measure.

In June 2009, the Legislature referred Proposition 108, also known as Save our Secret Ballot, to Arizona voters. The United Food and Commercial Workers union, which represents grocery store workers, went to court 11 months later and demanded that Prop.108 be struck down as a violation of the requirement in the Arizona Constitution that voters consider only one subject in each ballot measure.

The Goldwater Institute has asked Maricopa County Superior Court Judge Robert Oberbillig to leave the ballot measure in place for the November general election. Judge Oberbillig has scheduled oral arguments in the case for Tuesday, June 29, at 11 a.m.

Clint Bolick, the Goldwater Institute’s litigation director, said Prop. 108 does comply with the constitution’s “single-subject rule,” because the selection of public officials and the creation of local labor unions are both elections heavily regulated by government and traditionally decided with secret ballots.

Congress has proposed granting unions more power to organize workers through the collection of union card signatures, a practice called “card check.” Critics have argued workers would lose the protection of secret ballots and could be intimidated into joining a union. Prop. 108 would protect workers’ rights to a secret ballot in union-organizing elections.

The Goldwater Institute Scharf-Norton Center for Constitutional Litigation is representing the SOS Ballot campaign committee and the Arizona Chamber of Commerce & Industry, both of which have intervened in the lawsuit as parties affected by the outcome.

Learn more about this lawsuit, McLaughlin v. Bennett, and other Goldwater cases to protect individual rights and keep government within its constitutional limits at 34.206.30.86/litigation. The Goldwater Institute is a research and litigation organization whose work is made possible by the generosity of its supporters.

 

 

More on this issue

Donate Now

Help all Americans live freer, happier lives. Join the Goldwater Institute as we defend and strengthen freedom in all 50 states.

Donate Now

Since 1988, the Goldwater Institute has been in the liberty business — defending and promoting freedom, and achieving more than 400 victories in all 50 states. Donate today to help support our mission.

We Protect Your Rights

Our attorneys defend individual rights and protect those who cannot protect themselves.

Need Help? Submit a case.

Get Connected to Goldwater

Sign up for the latest news, event updates, and more.

Wait! Don’t close this yet!

We are grateful for your support of the Goldwater Institute’s efforts to advance and defend liberty throughout the United States. For over 36 years, we’ve been defending the rights of Americans to live their lives free from government interference.

And Goldwater is unique in that we direct our efforts to the 50 states where we introduce and advance innovative ideas that expand freedom. And we fight in courtrooms and capitals nationwide to defend individual liberty.

In 2024 alone, we scored over 50 policy and litigation victories defending liberty!

And that’s just the beginning.

Our plans for 2025 include:

  • Stopping pernicious DEI and other woke programs in America’s universities.
  • Ensuring that patients suffering from rare and terminal diseases have access to cutting-edge, lifesaving medical treatments, without having to first seek permission from the government.
  • Defending parental rights across the United States so that parents can send their kids to the school that best fits their needs, free from leftist indoctrination.
  • Eliminating government interference in the fundamental right of individuals to own property and use it as they see fit.
  • And much, much more

We seek to restore the presumption of liberty; that people are free to act without first asking permission from the government.

But we cannot do this without you. Will you join us as we fight to preserve and advance liberty throughout the country? As we seek new and innovative ways to defend freedom in all 50 states?

And there’s great news: Thanks to a generous Goldwater supporter, your donation today will be doubled!

So please, join us in fighting to advance liberty and score real wins for freedom from coast to coast!