Sherman v. City of Tempe

24 P.3d 1285, 200 Ariz. 190, 349 Ariz. Adv. Rep. 6, 2001 Ariz. App. LEXIS 91
CourtCourt of Appeals of Arizona
DecidedJune 5, 2001
DocketNo. 1 CA-CV 00-0348
StatusPublished
Cited by1 cases

This text of 24 P.3d 1285 (Sherman v. City of Tempe) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sherman v. City of Tempe, 24 P.3d 1285, 200 Ariz. 190, 349 Ariz. Adv. Rep. 6, 2001 Ariz. App. LEXIS 91 (Ark. Ct. App. 2001).

Opinion

OPINION

GARBARINO, Presiding Judge.

¶ 1 From the inception of statehood, Arizona’s public policy has been to have an informed electorate. Indeed, this policy is firmly embodied in our constitution. To further the constitutional policy of adequately informing the state’s voting population, the legislature has enacted statutes that require cities, under certain circumstances, to distribute publicity pamphlets that inform the voters of the nature and details of the issues placed on the ballot. Adhering to this longstanding policy, we hold that a city’s failure to timely distribute publicity pamphlets examining charter amendments prior to the distribution of early ballots to qualified voters violates this policy and frustrates the intent of our legislature and the drafters of our constitution.

FACTUAL AND PROCEDURAL HISTORY

¶ 2 The parties presented this case to the trial court based upon the following stipulated facts. The City of Tempe scheduled a general election for May 16, 2000. Included on the general election ballot was Proposition 100, entitled “Proposed Amendments to the City Charter by the City Council.” Proposition 100 proposed changing the City’s mayoral term from two years to four years, beginning with the mayoral term commencing on or after July 1, 2000.

¶ 3 Mayor Neil Giuliano received a majority of the votes cast in the City’s primary election held on March 14, 2000. Because Mayor Giuliano had won the election at the primary, the general election ballot contained no listing for the office of mayor. Mayor Giuliano’s re-election became effective on May 16, 2000, election day for the general election, and his term of office began on July 1, 2000.

¶ 4 On or about April 13, 2000, Maricopa County, acting pursuant to an intergovernmental agreement with the City, mailed approximately 15,000 ballots for the May 2000 general election to persons who had requested early ballots. On April 17, 2000, the City opened a polling place for early voting at the Tempe Public Library. By the close of business on April 27, 2000, nearly 7000 voters had cast early ballots for the general election, either by mail or in person at the Tempe Public Library polling place.

¶ 5 On or about April 28, 2000, City officials mailed publicity pamphlets to voters for the general election. The publicity pamphlets included the text of Proposition 100, the City Attorney’s analysis of the proposition, two citizen arguments against the proposition, and no citizen arguments in favor of the proposition.

116 After the election, the official tally of votes revealed that 9155 “yes” votes were cast in favor of Proposition 100, and 5650 “no” votes were cast against the proposition. Thus, of the 14,805 votes cast in the election, nearly half were cast before the publicity pamphlets were mailed to voters.

¶ 7 The plaintiffs filed a special action complaint and statement of election contest pursuant to A.R.S. sections 16-672 through 16-674 (1996), contesting the general election results of Proposition 100. The complaint alleged that Proposition 100 was invalid because the publicity pamphlets were not timely mailed pursuant to A.R.S. sections 19-123 [192]*192(Supp.2000) and 19-141(A) (Supp.2000), and because it was an unconstitutional special law.

¶ 8 The City and Mayor Giuliano moved to dismiss the complaint, arguing that the publicity pamphlet requirement did not apply, or that if it did apply, the pamphlets were timely mailed as provided by statute. The plaintiffs responded to the motion and filed a trial memorandum. In addition, the parties submitted a statement of stipulated facts. The trial court treated the motion as a motion for summary judgment and, after oral argument, ruled that the publicity pamphlets were governed by Title 19, and that the City had timely provided them pursuant to A.R.S. section 19-141. The court also ruled that Proposition 100 was not an unconstitutional special law. The trial court entered final judgment on July 25, 2000, and the plaintiffs timely appealed.1

ISSUES

¶ 9 The plaintiffs raise the following issues:

1. Whether Proposition 100 was subject to the publicity pamphlet requirements of A.R.S. sections 19-123 and/or 19-141(A);
2. Whether the publicity pamphlets were timely distributed pursuant to A.R.S. sections 19-123 and/or 19-141(A);
3. Whether the City’s failure to timely distribute the publicity pamphlets invalidates the voters’ approval of Proposition 100; and
4. Whether Proposition 100 is an unconstitutional special law because it applies retroactively to extend the term of a previously-elected mayor.

¶ 10 Because we conclude that the City untimely distributed the required publicity pamphlets and that the election results for Proposition 100 are therefore invalid, we need not reach the issue whether Proposition 100 is an unconstitutional special law.

DISCUSSION

¶ 11 We begin by recognizing Arizona’s strong public policy favoring an informed electorate. This policy is evidenced by language contained in the Arizona Constitution, see Ariz. Const, art. 4, pt. 1, § 1(11) (requiring the publication of all proposed initiative and referendum measures); Ariz. Const, art. 21, § 1 (requiring the Secretary of State to publish all proposed constitutional amendments), and the legislature’s enactment of A.R.S. section 19-123 (1990) (compelling the issuance of publicity pamphlets when ordered by the legislature or when initiatives or re-ferenda are placed on the ballot); see also Fairness & Accountability in Ins. Reform v. Greene, 180 Ariz. 582, 588, 886 P.2d 1338, 1344 (1994) (recognizing that the legislature has a constitutional duty to inform the electorate regarding initiative proposals). With the underlying policy in mind, we discuss the issues raised in this matter.

¶ 12 Because the facts in this case are not in dispute and “the question[s] presented involve[ ] statutory construction, we review the [trial] court’s decision de novo.” Kyle v. Daniels, 198 Ariz. 304, 305, ¶ 5, 9 P.3d 1043, 1044 (2000); Open Primary Elections Now v. Bayless, 193 Ariz. 43, 46, ¶ 9, 969 P.2d 649, 652 (1998) (“Because election contests are statutory proceedings, we evaluate appellants’ argument by considering the applicable statutory scheme. We resolve questions of law involving statutory construction de novo.”).

¶ 13 We note that

“[t] he primary principle of statutory interpretation is to determine and give effect to legislative intent.” The best and most reliable index of a statute’s meaning is its language. That language, where clear and unequivocal, controls the statute’s meaning unless it leads to absurd or impossible results. Where, instead, the statute’s language is subject to different interpretations, the court is free to consult other sources of legislative intent such as the [193]*193statute’s context, historical background, consequences, spirit and purpose.

Lowing v. Allstate Ins. Co., 176 Ariz. 101, 103-04,

Related

Sherman v. City of Tempe
45 P.3d 336 (Arizona Supreme Court, 2002)

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Bluebook (online)
24 P.3d 1285, 200 Ariz. 190, 349 Ariz. Adv. Rep. 6, 2001 Ariz. App. LEXIS 91, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherman-v-city-of-tempe-arizctapp-2001.