The Arizona GOP has filed a lawsuit against the unconstitutional new law that abolished precinct committeemen elections and limited the number of seats available to just one per precinct.
The Gateway Pundit previously reported that Arizona lawmakers came together to pass an “emergency bill” shortly after President Trump released a statement in support of the “Precinct Strategy” organization enlisting America First Patriots to their local County Republican Party committee positions, which are too often left vacant. This was an attempt by the establishment to silence the grassroots.
HB2839 was presented to the legislature minutes before the members voted on it and it took effect immediately due to the emergency clause. Section 4 of the bill contained hidden changes that the authors did not exhibit with distinguishable text like the other changes in the bill.
law changes in HB2839
hidden changes in Section 4
The bill titled “candidate nominations; signatures; redistricting” made provisions regarding ballot signature requirements for federal, state, and local candidates. It secretly included the language above to suppress the right of party members to run and vote for precinct committeemen.
This is a violation of the Arizona Constitution’s “Fair Notice of Contents by Title Rule,” which requires a bill’s contents to be properly noticed in the title of the bill.
This mistake converted over seven thousand elected positions to a handful of appointed ones.
The lawsuit, entered Monday in the Superior Court of Arizona, asks the court to declare Section 4 of HB 2839 and the use of an emergency clause for the section unconstitutional.
The suit’s six causes of action outline HB 2839’s violations of the Constitution, the legislature’s intent, and the improper use of an emergency clause to enact Section 4.
The plaintiffs request,
A.That this Court declare that Section 4 of HB 2839 is unconstitutional, that the use of an emergency clause was unconstitutional as to Section 4 of HB 2839, and grant preliminary and permanent injunctive relief regarding the same;
B.Alternatively, for this Court to declare that the legislature’s intent was not for HB2839 to limit the number of PCs nor to require more than one PC per precinct to be appointed instead of elected and grant preliminary and permanent injunctive relief regarding the same;
C. For an order awarding Plaintiffs their attorney fees and costs under the private attorney general doctrine, A.R.S 12-2030, 341, 348, and any other applicable statute or equitable doctrine.
D. For such other relief as this Court deems just and fair.
HB2840 and SB1720 to repeal Section 4 have passed through the Arizona House and Senate. Still, this legislation does not take effect until 90 days after the end of the session, unlike the emergency bill, which was immediately signed into law.