The Maricopa Association of Governments Regional Council has joined Maricopa County to argue for dismissal of a Maricopa County Republican Committee lawsuit challenging the successful outcome of Proposition 479.
The GOP has already filed a motion to dismiss its Maricopa County Superior Court lawsuit.
The City of Maricopa is one of the MAG members.
Voters passed Prop 479 on Nov. 5 in a 20-point, 80,000-vote landslide. The measure continues a dedicated half-cent sales tax that has been in place since 1985 and is intended for improvements to highways such as State Route 347, leading some south of the county line to dub it “Prop 347.”
The tax funds essential transportation projects across that county that impact Pinal County and the City of Maricopa, also including Loops 101, 202 and 303. The measure will extend the funding source until 2045, ensuring transportation infrastructure meets developing cities.
“The transportation plan unanimously approved by the region’s elected leadership, sent to the ballot by the Maricopa County Board of Supervisors and overwhelmingly approved by the voters of Maricopa County, is critical to the quality of life of our residents and the continued strength of our local economy,” said MAG Chairman and Chandler Mayor Kevin Hartke.
“We won’t let a flawed claim stand in the way of our 40-year legacy of building one of the best transportation systems in the country,” Hartke said. “That’s why the MAG Regional Council Executive Committee voted unanimously to join Maricopa County in defending against this action. We will vigorously defend our residents’ democratic right to decide their own future through a local, countywide election.”
The state Republican Committee contends that the proposition did not pass by a supermajority of 60%, but Prop 479 supporters argue it is not a constitutional amendment and so the supermajority does not apply. Voters in 2022 set the 60% hurdle.
Prop 479 last month earned 59.83% of the vote, according to Maricopa County Elections.
“The lawsuit is without merit,” said MAG Executive Director Ed Zuercher. “The regional transportation plan that was unanimously approved by MAG’s mayors, tribal and county leaders, and supported by business leaders and the voters, will be implemented on schedule. We have a 40-year track record of success, and we’re squarely focused on delivering the next generation of transportation investments.”
The approved tax could generate up to $15 billion, according to MAG.
MAG officials said state statute prohibits any light rail or streetcar extension to be funded with revenues from the sales tax, which is another point of contention with Republicans, who believe light rail is a failure.
The City of Maricopa is one of 27 cities and towns, three Native nations, Maricopa County and portions of Pinal County that belong to MAG.
According to one political consultant, all cities in Maricopa County except for Queen Creek and Carefree — which voted against it by seven votes — approved the measure.
It remains unclear why MCRC chose to drop the case just days after filing it in Maricopa County Superior Court. However, MCRC Chairman Craig Berland suggested the initial challenge was based on legal concerns about the vote threshold.
“Are you aware that state law says Proposition 479 had to pass with a minimum of 60% of the vote? We are a country of law and order, or we are a country of chaos,” Berland told reporters in an email, adding that he voted for Prop 479. “But it didn’t pass.”
It did pass, though.
And the dismissal comes as little surprise following a similar lawsuit in Cochise County, which was rejected by a judge in October. Berland did not respond to further questions about why the party moved to dismiss the lawsuit. The Cochise County ruling may have played a role, as could the MCRC’s limited financial resources. Campaign finance records show that the party had just over $71,000 in its campaign account as of the pre-general election finance report.
Dillon Rosenblatt contributed to this report.
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