Monday, July 23, 2018

BREAKING: Aug. 20 Trial Date On Challenge of Clean Energy Initiative; Arizona Counties Say "This Is Pandemonium"

The APS-led court challenge to the Clean Energy ballot initiative has been tentatively set for trial on August 20, while Arizona's County Recorders were united in warning the Maricopa County Superior Court Judge that the plaintiffs' case will cause "pandemonium" across the state.

On Thursday, Arizonans for Affordable Energy has challenged the validity of 78% of the 480,000 signatures turned in earlier this month and argue that it should not be placed on the November ballot. The group indicated in court today that they intend to force County Recorders to check the hundreds of thousands of signatures they contend are bad.

County Recorders told Judge Daniel Kiley that checking all of those signatures while also checking the 5% sample required under state law would be "not only unduly burdensome but completely impossible." That was the warning from Maricopa County Deputy Attorney Colleen Connor, and was echoed by several other counties.

Arguing for the plaintiffs, Brett Johnson indicated that the statutes do not make the 5% sampling procedure as "the exclusive process", and that a private challenge is permitted under a separate section (A.R.S. § 19-122(C)). On that basis, he intends to submit discovery requests on the counties to check the challenged signatures before the trial.

Judge Kiley will hear the counties' objections - and, other legal arguments - one week from today. 

To read the Complaint and more, click here for Thursday's article.

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