A federal judge is seeking opinions from candidates on what to do next after an error was discovered in Maricopa County’s Phoenix Union High School District school board election ballots.
The error stemmed from a decades-old consent decree enacted in 1990 after a court determined that the Phoenix union governing board’s previous method of conducting elections had weakened the voting power of minorities. It was an accidental violation. The lawsuit stems from a lawsuit filed by a group of black and Hispanic voters in the district.
The ordinance requires voters to choose only one candidate for the district’s two overall seats. But this year, Maricopa County printed ballots instructing voters to choose up to two candidates, an error the county attributed to turnover in its elections department staff. Voters typically can vote regardless of open seats in elections, and new election officials assumed the same would be true for the Phoenix coalition seats, according to court filings.
By the time election official Scott Jarrett discovered the error on Oct. 7, it was too late to correct it, according to court filings. Ballots have been sent out and voting is underway.
The county and Board of Supervisors filed a motion Tuesday for an emergency hearing seeking federal court guidance. The county proposed two possible solutions. They can proceed with the election as if they had followed the consent decree, or they can block the Board of Supervisors from lobbying for an election and hold a special election for the at-large seat in March under the consent decree.
At a hearing Thursday morning, U.S. District Judge G. Murray Snow did not decide how to resolve the error, but said he did not plan to cancel the current election because it would cause too much confusion. said.
He said he would first like to hear the candidates’ opinions on what should be done. He said their rights are at stake and he wants to avoid the possibility of future lawsuits because candidates are dissatisfied with the results. Running for the at-large seat are Debbie Cross, Francisco Isaac Pastor-Rivera, Aden Ramirez, and incumbent Aaron Marquez, who is also on the ballot as a Democratic candidate for Arizona House District 5. There are four people.
Snow urged candidates to consult with their attorneys to determine their position on how to proceed in court. He ordered Maricopa County to pay legal costs.
Daniel Ortega, the plaintiffs’ attorney in the original case that resulted in the consent decree, also attended the hearing.. He said five of the nine plaintiffs are still alive and that he spoke with four of them ahead of the hearing. Ortega said everyone agreed there was no realistic way to resolve the issue at this time. He told Snow that he accomplished the intent of the consent decree, which is the opportunity for people of color to be elected to the board, and that he is proud of what has happened in the district in terms of electing a diverse board. spoke. Ortega said he believes the election will result in a more diverse board that will serve the purpose of the consent decree from the plaintiffs’ perspective.
At Thursday’s hearing, Ramirez, one of the candidates, told Snow that the special election would likely lead to lower turnout, especially among communities of color, and would violate the purpose of the consent decree. He said he did not think it would be necessary to implement it. Ramirez said he believes holding the election as is will protect the purpose of the consent decree because three of the four candidates come from diverse backgrounds.
But Cross said he believes the intent of the consent decree is to level the playing field. She told Snow that at the time the ordinance was enacted, Hispanic voters and candidates were a minority in the district, but now they are a minority because they are white. He said he has “mixed feelings” about whether to hold a special election or continue with the current election and would not dispute Snow’s decision.
According to data submitted to the board in 2022, white non-Hispanic individuals are a minority of district residents, making up approximately 38% of the district’s potential voter population. They represent approximately 44% of the potential voter population in the district.. The district’s student population is about 81% Hispanic, according to state enrollment data.
Snow said at the hearing that whatever happens in this election will not affect future elections, which will continue to be held under the consent decree. Jarrett, the county elections director, told Snow that the county elections department is taking steps to prevent this from happening again, including creating a systematic process to avoid relying on staff knowledge of consent orders. He said he was taking classes.
Phoenix Union’s attorney said the district and board do not have an opinion on what to do, but requested that the district and board members not incur any financial costs if a special election is held. Ta.
The court has scheduled an additional hearing for October 24th. The hearing is expected to include a discussion of the candidates’ public positions on potential solutions, as well as how the Phoenix union board will operate in the interim in special cases. be. Elections were scheduled to be held in March. The terms of the two general committee members will expire at the end of this year.
In addition to the two at-large seats on the board, five seats represent each ward within the district.
Phoenix Union High School District:Board of Education candidates Q&A
(This story has been updated to add new information.)
Here’s where to contact the reporter: mparrish@arizonarepublic.com.
