McLaughlin v. Bennett

238 P.3d 619, 225 Ariz. 351, 590 Ariz. Adv. Rep. 10, 2010 Ariz. LEXIS 41
CourtArizona Supreme Court
DecidedSeptember 2, 2010
DocketNo. CV-10-0205-AP/EL
StatusPublished
Cited by20 cases

This text of 238 P.3d 619 (McLaughlin v. Bennett) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McLaughlin v. Bennett, 238 P.3d 619, 225 Ariz. 351, 590 Ariz. Adv. Rep. 10, 2010 Ariz. LEXIS 41 (Ark. 2010).

Opinions

OPINION

PELANDER, Justice.

¶ 1 The question presented is whether Proposition 108, a constitutional amendment referred to the people by the legislature, complies with the separate amendment rule of Article 21, Section 1 of the Arizona Constitution. The superior court concluded that Proposition 108 violates that rule. On August 3, 2010, we entered an order affirming the court’s judgment. This opinion explains our reasoning.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 Senate Concurrent Resolution (“SCR”) 1026 was introduced in early 2009, approved by both chambers of the legislature, and transmitted in July 2009 to the Secretary of State for placement on the November 2010 general election ballot. This resolution, designated as Proposition 108, states:

To preserve and protect the fundamental right of individuals to vote by secret ballot, where local, state or federal law requires elections for public offices or for ballot measures, or requires designations or authorizations for employee representation, the right of individuals to vote by secret ballot shall be guaranteed.

The proposition, if passed, would add a new section 36 to Article 2 of the Arizona Constitution, entitled “Right to Secret Ballot.”

[353]*353¶ 3 In May 2010, appellees (collectively, “McLaughlin”) filed a special action, alleging Proposition 108 violates Article 21, Section 1. After a hearing, the superior court rejected the laches defense asserted by appellants S.O.S. Ballot, Arizona Chamber of Commerce & Industry, and the Arizona Legislature (collectively, “S.O.S. Ballot”), and ruled that the provisions in Proposition 108 are not sufficiently interrelated to constitute a single amendment. Accordingly, the court enjoined the proposition’s placement on the upcoming ballot.

DISCUSSION

¶ 4 S.O.S. Ballot argues that the equitable doctrine of laches bars McLaughlin’s challenge and that Proposition 108 complies with the separate amendment rule. We have jurisdiction over this direct appeal pursuant to Arizona Revised Statutes (“AR.S.”) section 19-122(C) (Supp.2009) and Arizona Rule of Civil Appellate Procedure 8.1(h).

I. Laches

¶ 5 “In election matters, time is of the essence because disputes concerning election and petition issues must be initiated and resolved, allowing time for the preparation and printing of [publicity pamphlets and] absentee voting ballots.” Harris v. Purcell, 193 Ariz. 409, 412 ¶ 15, 973 P.2d 1166, 1169 (1998). “[T]he laches doctrine seeks to prevent dilatory conduct and will bar a claim if a party’s unreasonable delay prejudices the opposing party or the administration of justice.” Lubin v. Thomas, 213 Ariz. 496, 497 ¶ 10, 144 P.3d 510, 511 (2006). We review a trial court’s decision on laches for abuse of discretion. See Korte v. Bayless, 199 Ariz. 173, 174 ¶ 3, 16 P.3d 200, 201 (2001).

¶ 6 Although McLaughlin filed this action ten months after Proposition 108 was sent to the Secretary of State, “[d]elay alone will not establish a laches defense.” League of Ariz. Cities & Towns v. Martin, 219 Ariz. 556, 558 ¶ 6, 201 P.3d 517, 519 (2009). Even if we assume the delay was unreasonable, S.O.S. Ballot has not established prejudice. McLaughlin filed this action almost sixteen weeks before the printing deadline for the Secretary of State’s publicity pamphlet and, therefore, did not “deprive judges of the ability to fairly and reasonably process and consider the issues.” Mathieu v. Mahoney, 174 Ariz. 456, 461, 851 P.2d 81, 86 (1993); see Korte, 199 Ariz. at 174-75 ¶ 3, 16 P.3d at 201-02 (rejecting laches defense when proposition challenge was filed almost eight weeks before the deadline for mailing the publicity pamphlet, “allowing] sufficient time to render a decision”). S.O.S. Ballot’s claim of harm from the delayed filing is also undermined by its request for an extended briefing schedule in superior court. Because S.O.S. Ballot failed to show prejudice, and because McLaughlin’s challenge raised substantial questions about Proposition 108’s constitutionality, the court did not abuse its discretion in refusing to apply laches to bar the claim.1

II. Separate Amendment Rule

¶ 7 The Arizona Constitution requires that “[i]f more than one proposed amendment shall be submitted at any election, such proposed amendments shall be submitted in such manner that the electors may vote for or against such proposed amendments separately.” Ariz. Const, art. 21, § 1. “The clear import of this provision is that voters must be allowed to express their separate opinion as to each proposed constitutional amendment.” Clean Elections Inst., [354]*354Inc. v. Brewer, 209 Ariz. 241, 244 ¶ 7, 99 P.3d 570, 573 (2004); see Kerby v. Luhrs, 44 Ariz. 208, 214, 36 P.2d 549, 551 (1934) (recognizing the separate amendment rule was “intended to prevent the pernicious practice of ‘logrolling’ in the submission of a constitutional amendment”). We review de novo whether a proposition complies with the separate amendment rule. See Ariz. Together v. Brewer, 214 Ariz. 118, 120 ¶ 2, 149 P.3d 742, 744 (2007).

¶ 8 In a separate amendment challenge, we examine whether provisions of a proposed amendment “are sufficiently related to a common purpose or principle that the proposal can be said to ‘constitute a consistent and workable whole on the general topic embraced,’ that, ‘logically speaking, ... should stand or fall as a whole.’ ” Korte, 199 Ariz. at 176-77 ¶ 10, 16 P.3d at 203-04 (quoting Kerby, 44 Ariz. at 221, 36 P.2d at 554). This test requires us to analyze (1) whether a proposition’s provisions are “topically related,” and (2) whether they are “sufficiently interrelated so as to form a consistent and workable proposition.” Ariz. Together, 214 Ariz. at 121 ¶ 6, 149 P.3d at 745 (internal citation and quotation marks omitted). A proposition’s provisions, therefore, must “exhibit both topicality and interrelatedness” to comply with the separate amendment rule. Id.

¶ 9 Like the proposed amendment in Arizona Together, Proposition 108 “can be divided into two provisions.” Id. at 121 ¶ 7, 149 P.3d at 745. The first provision guarantees the right to vote by secret ballot in public elections; the second establishes an individual right to a secret ballot election to determine union representation. Both provisions pertain to secret ballots and thus arguably are topically related, a point McLaughlin does not seriously contest.

¶ 10 Even if we assume the provisions of Proposition 108 meet the topicality requirement, however, they must also be sufficiently interrelated to comply with the separate amendment rule. To assess whether the provisions are sufficiently interrelated, we consider the following factors:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Arizona Republican Party v. Richer
Arizona Supreme Court, 2024
M.S.R.R. v. Knudsen
2024 MT 54 (Montana Supreme Court, 2024)
Arizona Republican Party v. Fontes
Court of Appeals of Arizona, 2023
Lehman v. Washburn
Court of Appeals of Arizona, 2022
League of Women Voters of PA v. Degraffenreid, V.
Supreme Court of Pennsylvania, 2021
Ryan v. eXp Realty LLC
D. Arizona, 2021
Sunburst Farms v. Braden
Court of Appeals of Arizona, 2020
Secura v. Sudhoff
Court of Appeals of Arizona, 2020
State v. Rose
441 P.3d 999 (Court of Appeals of Arizona, 2019)
Kasson v. Burgener
Court of Appeals of Arizona, 2018
Montana Ass'n of Counties v. State Ex Rel. Fox
2017 MT 267 (Montana Supreme Court, 2017)
Kimball v. Perkins
Court of Appeals of Arizona, 2016
Marquez (David) v. State
Nevada Supreme Court, 2015
State ex rel. Loontjer v. Gale
288 Neb. 973 (Nebraska Supreme Court, 2014)
State ex rel. Darwin v. Arnett
330 P.3d 996 (Court of Appeals of Arizona, 2014)
Rewers v. Pope
Court of Appeals of Arizona, 2014
Rash v. Town of Mammoth
315 P.3d 1234 (Court of Appeals of Arizona, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
238 P.3d 619, 225 Ariz. 351, 590 Ariz. Adv. Rep. 10, 2010 Ariz. LEXIS 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mclaughlin-v-bennett-ariz-2010.