CBS 5PHOENIX (AP/CBS5) -
An initiative measure to transform Arizona's primary election system is unconstitutionally broad and must be kept off the November ballot, a judge said Monday.
Judge Mark Brain of Maricopa County Superior Court's ruling said the so-called "open elections/open government act" violates the Arizona Constitution by including more than one proposed constitutional amendment in the same ballot measure.
Brain said most of the proposal's sweeping changes to the current primary system fit together and don't violate the single-subject rule. But he said that's not so with a prohibition on using public money for political parties' activities.
The measure would allow voters to vote for any primary election candidate. The top two finishers would advance to the general election regardless of party affiliation. Currently, each party's nominee advances.
Supporters are expected to appeal.
Paul Johnson, chairman of the Open Elections/Open Government Committee, issued the following statement in its entirety:
"While we are pleased that Judge Brain found nearly all of the arguments raised by initiative opponents without merit, we disagree with the ruling that focused on a single and very narrow portion of the initiative-the continuing use of taxpayer dollars to fund the election of political party officers. We expected all along that the ongoing effort by the political bosses and lobbyists to quash this citizen initiative would ultimately find its way to the Arizona Supreme Court. We intend to appeal."
Copyright 2012 CBS 5 (Meredith Corporation). All rights reserved. The Associated Press contributed to this report.
