Arizona Libertarian Party v. Reagan

189 F.Supp. 3d 920 (2016)

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Nature of the Case

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Facts

Reagan (D) is the Arizona Secretary of State, the state officer responsible for administering elections in Arizona. Ps seek to enjoin the enforcement of certain portions of A.R.S. §§ 16-321 and 16-322, as amended in 2015 by H.B. 2608. A candidate who wishes to have her name printed on a primary ballot must comply with certain statutory requirements. One requirement is that the candidate file a valid nomination petition with D by a specified deadline. The petition must contain a minimum number of signatures from the relevant jurisdiction. The purpose of the signature requirement is 'to ensure that candidates have 'adequate support from eligible voters to warrant being placed on the ballot.'' H.B. 2608 changed the pool of persons from which candidates affiliated with a political party could collect signatures for a nomination petition. Under the old system, a candidate could collect signatures from electors who were qualified to vote in the candidate's primary election. If a candidate's party chose to hold an open primary, the candidate could collect signatures from registered party members, registered independents, and unaffiliated voters. If a candidate's party chose to hold a closed primary, the candidate could collect signatures only from registered party members. After H.B. 2608, a candidate can collect signatures from 'qualified signers,' defined as (1) a registered member of the candidate's party, (2) a registered member of a political party that is not entitled to continued representation on the ballot under A.R.S. § 16-804, or (3) a voter who is registered as independent or having no party preference. A.R.S. §§ 16-321(F), 16-322(A). Candidates must now obtain the number of signatures equal to a certain percentage of qualified signers in the relevant jurisdiction, rather than a percentage of qualified electors who were qualified to vote in the candidate's primary election. For most offices, H.B. 2608 lowered the percentage of signatures of qualified signers the candidate must collect. The deadline for nomination petitions was June 1, 2016. The deadline by which candidates must file as write-in candidates is July 21, 2016. The primary election is scheduled for August 30, 2016. P will have a closed primary this year - only its registered members may vote. Ps ask the Court to require D to place their candidates on the primary election ballot if, by the June 1, 2016 deadline, they submit nomination petitions containing the number of signatures that Sections 16-321 and 16-322 required before their amendment in 2015.Ps ask the Court to require D 'to place their primary election write-in candidates on the general election ballot pursuant to Section 16-645(E) if the candidates receive at least as many votes in the primary election as the number of signatures' that would have been required before the enactment of H.B. 2608.