The Arizona Supreme Court today said state lawmakers overreached when they passed a law requiring Tucson elections to move to presidential and midterm election years if not enough voters turned out to cast ballots.
In a 5-1 decision with Justice Clint Bolick dissenting, the court held that the timing of elections in a charter city such as Tucson was not a matter of statewide concerns, no matter the level of participation. Whether to align municipal elections with state and national elections or hold them in different years is purely a matter of municipal interest and not a statewide concern, Vice Chief Justice Ann A. Scott Timmer wrote for the majority. Consequently, we hold that (the statute) cannot apply to require a city to consolidate local elections with state and national elections if its charter provides otherwise.
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