The Arizona Court of Appeals, Division Two holds that Arizona’s Voter Protection Act does not apply to city or town councils.

A town council repealed two propositions passed by town voters. A political committee and its chairman sued for injunctive relief, arguing that the propositions were protected from repeal by elected officials under the Voter Protection Act (“VPA”) of the Arizona Constitution. The town counterclaimed, seeking declaratory relief. The trial court denied the political committee’s request for injunctive relief and granted the town’s counterclaim for declaratory judgment, holding that the VPA did not apply and that the town council acted within its legal authority in repealing the two propositions. The political committee appealed.

The Court of Appeals affirmed. It interpreted the relevant language of the VPA, which states,

[T]he legislature shall not have the power to repeal an initiative measure approved by a majority of the votes cast thereon and shall not have the power to repeal a referendum measure decided by a majority of the votes cast thereon.

Finding the language clear and unambiguous, and applying it as written, the court of appeals explained that the VPA applies to the legislature, which consists of the senate and house of representatives. The term legislature in this context does not include city or town councils. Consequently, the court held the VPA does not prevent town councils from repealing propositions passed by town voters.

Judge Kelly authored the opinion, joined by Chief Judge Staring and Vice Chief Judge Eppich.

Posted by: BriAnne Illich Meeds