On Monday, in Yavapai Superior Court, the Honorable Judge John D. Napper ruled in favor of the STOPLAKESHORE650 citizens’ committee. 

In September, the STOPLAKESHORE650 grass roots group filed an application to petition a referendum on the Fain Signature Group annexation, which encompasses a high-density development. Citizens were told by the Town that an unprecedented amount of 5,709 valid petition signatures were needed to qualify for the ballot. The group found this to be highly irregular and petitioned the Court to make a ruling.

The judge ruled for the plaintiffs, thereby maintaining for the people to reserve the power to propose laws and amendments to the constitution and to enact or reject such laws and amendments at the polls.

The Arizona Office of Attorney General found the Town of Prescott Valley’s reading of § 19-142(A) unconstitutional. 

In her submittal to the Court, Attorney General Kris Mayes, wrote, “the Court should grant summary judgment to Plaintiff (the “Committee”) because the Defendants’ reading of A.R.S. §19-142(A) is unconstitutional.” 

Further, the Arizona Attorney General wrote, “The Arizona Constitution expressly provides that 10% of a town’s electors have the right to propose referenda…. The Town is wrong to denigrate the referendum power, which is enshrined in the Arizona Constitution and must be broadly construed… After all, the primary purpose of the referendum power is to give the people a direct check on elected officials.” 

The Arizona Constitution sets the maximum percentage of support required for local referenda at 10% of qualified electors. The Court rejected the Town’s reading of A.R.S. § 19-142(A), which would have required a higher percentage of elector support. The Attorney General’s office clearly stated that for petition purposes the Town cannot define ‘qualified electors’ to mean “every single vote cast in every single race and on every single ballot measure. That could render it literally impossible for the people to propose an initiative or Referendum.”

Instead, the Court adopted a constitutional reading of § 19-142(A), which involves counting the whole number of ballots cast by qualified electors in a singular contest at the most recent election in which a mayor or council members were elected. 

In a statement by Patricia Betzhold, spokesperson for STOPLakeshore650, she stated, “volunteers will continue working hard to bring awareness of this annexation and mega development to the people and to collect the required signatures to put it on the ballot for a vote by the people of Prescott Valley. “