Maricopa County Republicans are asking a judge to repeal the county’s latest version of the long-running transportation sales tax, citing a lack of 60% voter approval.

Originally adopted as Prop. 300 in 1985, continued as Prop. 400 in 2004, and passed as Prop. 479 in 2024, the county’s 0.5 cent transportation sales tax has been a It continues to fund road projects.

A campaign filed by the Maricopa County Republican Committee on Nov. 30 says this extension of transportation infrastructure funding won’t survive a 2022 bill that requires 60% voter approval in a tax-related referendum. claims.

According to official election results, the measure had an approval rating of 59.83% of voters, falling short of 60%.

The lawsuit initially faced intense scrutiny from Prop. 479 supporters, given that Prop. 479 does not change the sales tax itself, but rather how the funds are distributed. But some say the case still has a fighting chance, since the proposal falls short of the threshold set by the 2022 constitutional amendment, albeit by 0.17%.

In a complaint filed Nov. 30, the MCRC, represented by attorney Brian Brehm, stated that the 2022 Referendum to Congress, “Any measure subject to a referendum shall be subject to a vote.” They argued that Prop. 479 should be defeated in light of Proposition 132, which requires that the ”

“Proposition 479 failed to receive 60% of the vote, and the Arizona Constitution does not provide for rounding up to achieve the 60% requirement,” Brehm wrote in asking the court to decertify the bill. .

The lawsuit to repeal Proposition 479 names Secretary of State Adrian Fontes, the Maricopa County Board of Supervisors, and the Maricopa County Treasurer’s Office.

Connect Maricopa, the committee that helped pass Proposition 479, filed a motion to intervene Wednesday. David Martin, president of the Arizona chapter of the Associated General Contractors Association, said the association is also considering intervening in the lawsuit.

“It’s the will of the voters. They want to pre-empt the will of the voters,” Martin said. “A small group of partisans wants to overturn the will of the voters.”

But some people defended the lawsuit, saying the proposal did not meet the new law’s clear standards.

Alexander Kolodin said: “I don’t understand why it’s frivolous. The referendum to approve the tax needs to get 60% of the votes to pass, but it didn’t pass because it didn’t get 60% of the votes. Ta.”

Proposition 479 is not a new tax.

Proposition 300, passed by voters in 1985, created a 20-year half-cent sales tax to fund highways. In 2004, Congress updated this as Proposition 400, which allocated 56.2% to highways and highways, 10.5% to highway projects, and 33.3% to public transportation.

With a 2026 deadline, Congress would first launch the Proposition 400 extension tool in 2022, with a version that would allocate 37.4% to highways and freeways, 22.2% to highway programs, and 40.4% to public transportation. Sent.

Gov. Doug Ducey vetoed the bill, citing concerns in his veto letter about high inflation, “biased” language in the description of the voting measure, and “alarming” Election Day. .

Proposition 400 will return in the 2023 legislative session and was given the green light by Gov. Katie Hobbs after lengthy negotiations with Republican leadership.

Senate President Warren Petersen (R-Gilbert) called it “the most conservative Proposition 400 in Arizona history,” blocking funding for light rail, commuter rail, trolley and streetcar expansion. He pointed out that the proposal had a major impact on Congress. He proposed expanding the Capitol Beltway and increasing cuts to road and highway projects.

Prop. 479, passed by voters in 2024, would keep the same half-cent sales tax but dedicate 40.5% to highways and highways, 22.5% to highways, and 37% to transit. .

The plan is expected to generate $14.9 billion in revenue, according to the Maricopa Association of Governments.

But Martin also addressed the consequences if the claim is successful.

“We’re probably going to reach an impasse. Think about it. This system is critical to the economy, and this particular expansion is essential to connecting people, goods and services,” Martin said. “Shame on you if a few people want to overturn it.”