Proposition 211 challenge heads back to trial court | Arizona News

PHOENIX (KVOA) – The Arizona Supreme Court has ruled on a challenge to Proposition 211, the Voters’ Right to Know Act, which mandates disclosure of campaign media spending contributions and grants enforcement power to the Citizens Clean Elections Commission.

Arizona House and Senate leaders challenged the law, claiming it improperly transfers legislative power to the Commission, violating the state’s constitutional separation of powers, according to a news release.

The Court acknowledged the legislative leaders’ right to challenge the law, stating Arizona’s Constitution allows for such a challenge without a “case or controversy” requirement like the U.S. Constitution. The Legislature demonstrated it could suffer if its authority is improperly delegated.

However, the Court did not determine if Proposition 211 is unconstitutional or if parts could be invalidated while others remain. These issues will return to the trial court for further review.

Meanwhile, a separate case, Center for Arizona Policy v. Fontes, also questions the Act’s constitutionality and is pending resolution.