The Arizona Supreme Court ruled on Thursday evening that the Smart and Safe Arizona ballot initiative can be on the general election ballot in November. A recent appeal to a lawsuit against the initiative forced the state’s highest court to review a Maricopa County Superior Court Judge’s decision.
The Secretary of State approved the initiative for the ballot on Aug 10, a couple days after the lawsuit was defeated. But the anti-marijuana group then filed the appeal.
“The trial court concluded the 100-word summary accurately described the proposition under A.R.S. § 19-102(A) and denied Petitioners’ request to enjoin the Secretary of State from including the Initiative on the 2020 general election ballot,” the Court wrote.
The initiative was lucky to get this ruling because Governor Doug Ducey’s new appointment to the Arizona Supreme Court is former Maricopa County Attorney Bill Montgomery, who has openly fought against marijuana legalization in the past. Montgomery should have recused himself from ruling on the appeal.