Maricopa County’s Transport Sales Tax Remains Unchallenged
The transport sales tax in Maricopa County, which has been in place for nearly 40 years, will continue as the Republican Committee has voluntarily opted to dismiss their election contest. They had claimed that the measure had not met the necessary voting margin.
This contest, initiated by the Maricopa County Republican Committee, focused on Proposal 479, which aims to extend the half-cent sales tax that has been active for almost four years. The committee argued that the proposal was unconstitutional under a 2022 regulation that demands a 60% majority for tax-related measures.
However, on Sunday, the committee filed a dismissal notice, indicating that they had missed the legal timeline and lacked qualified plaintiffs. They also noted that there wasn’t a significant case to argue, as Prop. 479 did not fall under the categories of a referendum, initiative, or constitutional amendment.
Lorna Romero Ferguson, a spokesperson for the committee, expressed relief in a statement, saying, “Maricopa County voters recognize the importance of funding for roads, highways, and public transport. They showed strong support for Prop 479.” She also mentioned their decision to withdraw the “frivolous lawsuit” so that transportation projects could proceed smoothly.
The complaint, submitted on November 30, involved attorney Brian Brehm representing the MCRC, asserting that Prop. 479 should not pass based on the requirements of the 2022 Congressional Introduction, Prop. 132. Brehm argued for exemption from the case due to its connection with county tax law, stating that since Proposition 479 did not achieve the 60% vote threshold, it didn’t meet constitutional requirements.
While Prop. 479 received a 59.83% approval from Maricopa County voters, supporters dismissed the legal challenge as “frivolous.”
In their dismissal motion, Maricopa County pointed out that the Republican Committee failed to file on time, having only five days after the canvas to do so. The complaint came in after the county had completed the canvassing on November 21.
Furthermore, the county emphasized that the MCRC added two party members to the lawsuit who were not eligible, failing to represent qualified electors or registered voters as required by state law.
After addressing the procedural aspects, the county maintained that the lawsuit should indeed fail, asserting that Prop. 479 is neither an initiative nor a referendum, as the county is required to enforce taxes based on state law rather than any simultaneous resolution.
A county attorney reiterated that the original bill was crafted to circumvent the 60% requirement, with elections relating to it not fitting into the referendum category.
Neither Brehm nor the MCRC responded promptly to inquiries about the dismissal.
In a prepared statement, Mayor Kevin Hartke of Chandler and Chair of the Maricopa Government Association commented, “The regional transport plans, unanimously endorsed by mayors, tribal leaders, and county officials, will move forward as planned, having a successful track record over the last 40 years, focusing on future transportation investments.”
