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Comparative Constitutional Law Keyed to Sutton, 5th Ed.
Save Our Vote v. Bennett
Citation:
291 P.3d 342 (Ariz. 2013)Facts
Since Arizona’s statehood, the Constitution has required the Legislature to enact a direct primary election law, and Arizona has maintained a partisan primary system where only voters registered with a particular party may vote in that party’s primary. Proposition 121, titled the “Open Elections/Open Government Act,” proposed to abolish the taxpayer-funded partisan primary system and replace it with an open “top two primary” where all candidates appear on the same ballot regardless of party affiliation, and the two candidates receiving the most votes advance to the general election. The proposition contained eight subparts addressing various aspects of elections and political parties, including a provision (Section 10(G)) stating that public funds shall not be used to pay for or subsidize political party procedures to elect party officers, endorse candidates, or otherwise participate in elections. Opponents argued this provision was a separate amendment that should not be bundled with the open primary provisions.
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