(The Center Square) – The fate of Proposition 479 could be in jeopardy depending on the outcome of a lawsuit made by the Maricopa County Republican Committee.
The committee filed the suit against the county board of supervisors, as they are arguing that the law did not technically pass because it did not hit a 60% threshold legally necessary for measures that increase taxes. The threshold became law in 2022 with the passage of Proposition 132.
The proposal received 59.8% support, just shy of that threshold, the plaintiffs argue. The proposition is a renewal of a half-cent sales tax for transportation purposes for another 20 years – a continuation from 1985 and 2004.
The Arizona Republic reported that Connect Maricopa, who campaigned in support of the tax, filed a “Motion to Intervene” on Saturday.
“Prop 479 didn’t win with the 60% threshold needed. It will be interesting to see how this plays out,” local activist Merissa Hamilton tweeted on Thursday morning.
However, some in favor of the proposition have argued that Prop. 132 does not apply to county related proposals, according to The Republic.
“Prop 479 will help create hundreds of thousands of jobs, attract billions of dollars in investment, and continue driving Arizona’s economic momentum forward,” Christian Slater, a spokesman for Gov. Katie Hobbs, said in a statement. “For the third time, county voters demonstrated their commitment to supporting the region’s transportation system, which has served as an economic driver for nearly 40 years. That’s why Governor Hobbs worked with bipartisan elected officials and business leaders to put Prop 479 on the ballot.”
“Arizonans should be celebrating this success, not seeking to undermine it or tear it down,” he added.
Secretary of State Adrian Fontes’ office said they were removed as a defendant on the case “with the consent of the plaintiffs during a status conference.”
“Proposition 479 is a county-level ballot measure, and the Secretary of State’s Office is not directly involved in this matter,” Secretary of State spokesman JP Martin stated.
The county said they do not comment on pending litigation.
Oral arguments in the case are scheduled for 10 a.m. on Friday, Dec. 13, at the Maricopa County Superior Court.
