« Bush campaign website blocks foreign viewers | Main | Where the DOJ will on election day »

Arizona judge dismisses pre-election challenge to Prop. 200

The Arizona Republic reports: The legal challenge to Arizona's immigration initiative was dismissed by a Superior Court Judge this morning because it came too late and too close to Tuesday's election.

Judge Margaret H. Downie threw out the case brought last week by opponents who argued that the Protect Arizona Now measure, if passed, should not become law because of mistakes made with signature petitions used to qualify the initiative on the Nov. 2 ballot. Opponents of Prop. 200, which filed the lawsuit, are expected to decide later Thursday whether to appeal the judge's decision.

In her ruling, Downie said she does not believe Arizona law authorizes the remedy that the group No on 200 campaign sought - stopping county and state election officials from canvassing votes and the governor from proclaiming results.

She did not rule on the merits of the plaintiff's contention: That supporters of the measure accidentally, or maybe even knowingly, circulated petitions with wording that did not clearly reflect what the measure would do. The judge noted that the allegations are "serious and cast doubt on the validity and integrity of the petition circulation process." -- Judge dismisses petition challenge on Prop. 200 (Arizona Republic)

If someone will send me the names of the parties or the number of the case, I can most likely download the opinion from the court's website.