August 9, 2018
Filed friend of the court brief in the Arizona Supreme Court.
This lawsuit challenges the legality of a ballot initiative that would force Arizona energy suppliers to buy their energy from less-efficient “renewable” sources—essentially a hand-out to special interest groups that profit by promising more “environmentally friendly” electricity. But when they began circulating petitions to put the initiative on the ballot, the backers failed to identify the initiative’s actual sponsor. That violates Arizona law, which requires initiative sponsors to provide that information when they apply to the Secretary of State for a serial number and other necessary information for circulating petitions. The trial court ruled that this didn’t matter, because the Secretary has no authority to reject an application, even if it’s faulty or perhaps even fraudulent. We filed an amicus curiae brief arguing that this ruling contradicts the “strict compliance” standard that applies in cases like this, and that requires initiative sponsors to scrupulously follow state election laws.
Timothy Sandefur is the Vice President for Legal Affairs at the Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation and holds the Duncan Chair in Constitutional Government. He litigates important cases for economic liberty, private property rights, free speech, and other matters in states across the country. Timothy is the author of several books, including Frederick… Read more...
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.
Sign up for the latest news, event updates, and more.