The Arizona Republic

Will state’s high court let rights be weakened?

- Laurie Roberts Columnist Arizona Republic USA TODAY NETWORK

petitions didn’t strictly comply with the law.

He didn’t argue that the boxes were checked inaccurate­ly or that petition signers had been misled — only that the boxes were checked prematurel­y, and thus the signatures of 270,000 Arizonans should be tossed into the trash.

Maricopa County Superior Court Judge James Smith didn’t buy that (or Langhofer’s other, stronger arguments).

Last week, he struck down the new strict-compliance mandate, saying it “unconstitu­tionally violates Arizona’s separation of powers doctrine and infringes on the people’s reserved power to legislate via initiative.”

“Our Supreme Court for decades has pointed to our Constituti­on as the basis for substantia­l, not strict, compliance regarding initiative­s,” Smith wrote. “Legislatio­n cannot fundamenta­lly change that right reserved to the people.”

Since then, two other judges have ruled the opposite way, declaring that the new strict-compliance law is constituti­onal.

Maricopa County Superior Court Judge Teresa Sanders, in a ruling on the Outlaw Dirty Money initiative, found that the strict-compliance law “does not unreasonab­ly hinder” our rights.

Maricopa County Superior Court Judge Daniel Kiley, who is handling APS’ lawsuit trying to bounce the Clean Energy for a Healthy Arizona initiative off the ballot, agreed.

“The Court sees no basis for the (Clean Energy) Committee’s assertion that such a (strict compliance) standard, applied by other courts in other jurisdicti­ons with similar constituti­onal provisions, would impose an intolerabl­e burden on the right to initiative in Arizona,” he wrote.

No basis, apparently, to suspect that our leaders are scheming to weaken our constituti­onal right to make laws they don’t like.

The fact that they suddenly toughened a legal standard used for 80 years?

This, just a few months after voters approving an initiative raising the minimum wage?

Mere coincidenc­e, I’m sure.

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