Radical Left Judge Allows Prop 140 Despite Failing to Qualify

Despite a Special Master’s review confirming that Prop 140 failed to receive sufficient valid signatures to qualify for the November 2024 ballot, Maricopa County Superior Court Judge Frank Moskowitz is allowing the inclusion of the measure. If passed, the proposition would impose a California/Alaska-style ranked-choice (open primary) voting, whereby voters rank candidates in order of preference, despite party affiliation. Ranked-choice the same voting system that allowed Alaskan Senator Lisa Murkowski to split the Republican primary vote rather than selecting a single candidate to run against an unpopular Democrat, ultimately allowing her to win the seat despite her challenger’s greater popularity. It’s often called the “incumbent protection voting system.”

The Arizona Globe reported on this on August 26, 2024, when the Arizona Supreme Court initially upheld Prop 140’s disqualification. Judge Moskowitz reaffirmed its inclusion. Arizona Free Enterprise Club President Scot Mussi released a statement on today’s ruling.

“From the moment he was unanimously rebuked by the AZ Supreme Court for blocking the removal of nearly 40,000 duplicate signatures, Judge Moskowitz has been trying to find a way to place Prop 140 on the ballot, irrespective of whether it had enough signatures to qualify. Today he issued a ruling manufacturing that outcome, deciding that the statutory method for determining the number of valid signatures for ballot initiatives is now unconstitutional. He made this radical determination despite the fact that the statute Moskowitz invalidated is nearly 30 years old and was reviewed and upheld against a constitutional challenge by the AZ Supreme Court in 2022 (Mussi v Hobbs).”

Mussi continued, “The bottom line is that after the removal of the duplicate signatures, Prop 140 lacks the required number of valid signatures needed to qualify for the ballot. The committee behind the measure was aware of this fact, which is why they obstructed and delayed the review of the duplicate signatures for over a month. We are confident that after a careful review of the facts, ruling, and trial court record, the AZ Supreme Court will again overturn this outrageous ruling by Judge Moskowitz and enjoin Prop 140 from being tabulated.”