Court rules Arizona ban on per-signature pay for ballot initiatives constitutional

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The seven-member panel unanimously agreed the 2017 law does not violate the First Amendment rights of petition circulators, reversing an Arizona Court of Appeals opinion.

PHOENIX — The Arizona Supreme Court ruled Wednesday that a law criminalizing per-signature payment is constitutional, possibly complicating efforts for groups trying to get initiatives on the ballot.

The case was brought by Petition Partners, the state's largest signature gathering firm. In 2020, then-Attorney General Mark Brnovich, a Republican, slapped the company with 50 misdemeanor criminal counts for its bonus programs that paid people for signatures collected for Proposition 208, a tax on incomes over $250,000.

The company never paid people a per-signature rate, he added, but they did impose different pay scales that petition circulators could toggle between based on productivity, according to court documents. The appeals court ruled the law has a chilling effect on free speech rights of people trying to get proposed laws on the ballot.

 

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