SOS to accept ballot arguments for anti-union measure

The Secretary of State will accept pro and con arguments regarding a proposal that seeks to guarantee people’s right to a secret ballot in forming a union.

The Republican-led Legislature is expected to pass the anti-union measure Aug. 11, and the office will accept arguments after lawmakers adjourn the special session.

Arguments will be accepted until 5 p.m. Aug. 16. They’ll be included in a publicity pamphlet with the other measures scheduled for the Nov. 2 ballot.

The pamphlet will be mailed to about 2 million households statewide.

For details on argument guidelines, visit www.azsos.gov.

The rushed special session presented a related potential legal issue that opponents of the secret ballot measure could exploit.

State law says the Legislative Council must prepare and file with the Secretary of State an impartial analysis for each ballot measure “not later than sixty days preceding the regular primary election.”

Obviously, there’s no time to comply with that deadline.

This requirement puts the Legislative Council in a tough spot, according to election lawyer Rhonda Barnes.

“Then you’ve got the question of the remedy. If they’re not meeting the statutory obligation . . . does that mean the measure doesn’t go on the ballot or does that mean there’s no description provided?” said Barnes, whose firm is associated with the Arizona Democratic Party.

But it appears both the Legislature and the Secretary of State would rather err on the side of including as much information as possible in the publicity pamphlet that gets sent out.

The Secretary of State will wait for the Legislative Council’s analysis until Aug. 16, said Amy Bjelland, the state’s election director.

“This is an issue that cropped (up) obviously well inside the 60 days from the primary,” Bjelland said.

“I think that the … policy expressed in the statute is to have arguments and analysis in the publicity pamphlet, and so to me to err on the side of providing that is preferable to not having any of it.”