Proposition 140, the “Make Elections Fair Act,” has survived a lengthy legal challenge and will be on the ballot this November. After months of litigation, the Arizona Supreme Court ruled on Friday to uphold a lower court’s decision, allowing the measure to proceed despite concerns about duplicate signatures collected during the initiative’s petition phase.
The court ruled that the issue of signature validity became moot after the state’s August 23 deadline for printing ballots had passed, ensuring that voters will now have the chance to decide on the proposal.
Scot Mussi, president of the Arizona Free Enterprise Club (AFEC), expressed disappointment with the ruling. AFEC had argued that if the duplicate signatures confirmed by a special master had been excluded, Proposition 140 would not have qualified for the ballot.
“The committee behind the measure was aware of the duplicates and delayed the review process,” Mussi said in a statement.
However, the Make Elections Fair Committee refuted AFEC’s claims, accusing the group of attempting to undermine the democratic process. “Our opponents engaged in blatant attempts to manipulate the system. This deliberate misconduct was rightfully rejected by the courts,” said Chuck Coughlin, the campaign’s treasurer.
Prop 140’s Impact on Arizona’s Primary System
If approved by voters on November 5, Prop 140 would amend Arizona’s Constitution, replacing traditional party primaries with open primaries for all offices. In this system, the top vote-getters—regardless of party affiliation—would advance to the general election. The number of candidates advancing would either be determined by lawmakers or by the secretary of state if no legislative action is taken by November 2025.
Another key element of the proposition introduces ranked-choice voting if three or more candidates advance to the general election.
The battle over Prop 140 highlights the ongoing debate about Arizona’s electoral future, with supporters touting its potential to improve candidate quality and critics concerned about its impact on the traditional party structure.