Lawsuit seeks to decertify Maricopa County transportation tax vote
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A lawsuit argues that the 20-year extension of a half-cent sales tax for transportation infrastructure in Maricopa County fell short because it needed 60% support from voters.
Yes, but: The courts recently rejected a similar argument in another county.
State of play: Maricopa County voters overwhelmingly passed a 20-year extension of a half-cent sales tax to fund transportation infrastructure, but a lawsuit argues the measure didn't get enough votes.
Why it matters: Without the revenue from Proposition 479, the county would lose $14.9 billion for freeways, roads, public transportation and other infrastructure.
- The current half-cent sales tax expires at the end of 2025.
Catch up quick: Voters in 2022 approved Proposition 132, an amendment to the Arizona Constitution that requires a 60% supermajority to pass a tax hike.
- Prop. 479 passed last month with barely less than 60%.
Driving the news: The Maricopa County Republican Committee this week filed a lawsuit arguing that Prop. 479 should be decertified because it got only 59.82% of the vote.
Between the lines: A Cochise County judge last year rejected arguments that a May 2023 special election for a county jail tax failed because it didn't get 60%, ruling that the requirement applies only to statewide taxes.
- The Arizona Court of Appeals upheld the trial court judge's findings on the 60% requirement.
- The issue is being appealed to the Arizona Supreme Court.
- Attorney Bryan Blehm, who represents the Maricopa County GOP, told Axios he was unfamiliar with the case but called it an "apples to oranges" comparison and declined to elaborate.
Zoom in: The supermajority requirement applies to tax hikes referred to the ballot through citizen initiative or legislative referendum.
- The 2023 legislation that sent Prop. 479 to the ballot explicitly stated it didn't constitute a submission to the ballot "under the power of the referendum."
What they're saying: "The constitutional 60% requirement applies to legislative referenda. It's not clear, however, that Prop. 479 is a legislative referendum," Maricopa County deputy attorney Joseph La Rue told Axios.
What's next: Before the court can take up that question, it will have to rule on the county's motion to dismiss the case on jurisdictional grounds.
- During a Wednesday hearing, La Rue told Superior Court Judge Jennifer Ryan-Touhill the lawsuit has "two fatal jurisdictional flaws that cannot be fixed."
- The judge is scheduled to hear arguments on Dec. 13.
The intrigue: Maricopa is the only one of Arizona's 15 counties that needs legislative permission to put a tax hike on the ballot.
- The Legislature changed the law in 1999 to ensure that Maricopa County couldn't renew the transportation sales tax without lawmakers' approval.
Flashback: The push to extend the 20-year sales tax, originally passed in 1985 and renewed in 2004, was a contentious issue at the Capitol in recent years.
- Then-Gov. Doug Ducey, a Republican, vetoed a proposal to send the tax renewal to the ballot in 2022.
- Democratic Gov. Katie Hobbs vetoed a successor plan passed by GOP lawmakers last year.
- After reaching an agreement that included legislative Republicans' request to prohibit the tax revenue from being used to extend light rail, Hobbs signed the plan that Maricopa County voters approved in November.