PRESS RELEASE For Immediate Release
Phoenix - On September 26, Save our Schools Arizona filed a Motion to Dismiss all claims in the remaining lawsuit challenging the voucher expansion referendum. There are three main parts to the motion:
A. The plaintiffs (representing the special interest group Americans for Prosperity) lack standing because the law in effect at the time Save Our Schools Arizona filed its application for referendum does not authorize petition challenges. A new statute allowing such challenges was adopted as law after Save Our Schools Arizona filed its application.
Interestingly, attorneys for Americans for Prosperity are familiar with this argument. They have used it - and won - at least twice before in Arizona.
B. If the judge does not dismiss the entire lawsuit, then Save Our Schools Arizona asks that the judge at least dismiss certain parts of the lawsuit:
• The plaintiffs re-assert claims that were already dismissed on September 11. Any new claims missed the deadline.
• The plaintiffs make notary challenges that are not based in law or policy: they say some notary signatures don't look the way they want them to look - an expectation the Secretary of State's office has already said does not warrant invalidation.
• The claims of fraud are unverifiable, hyperbolic overreach: three petitions do not equal pervasive fraud and allegations against mystery circulators making mystery statements have no basis in law.
C. Finally, if the lawsuits are not dismissed on those two grounds, the plaintiffs should have to actually articulate their challenges, not just rely on more than 1800 pages of vague objections that include blank lines and signatures already thrown out by the Secretary of State.
Save our Schools Arizona said from the beginning that the special interest lawsuit against its all-volunteer network of Arizona parents, grandparents, teachers, and community leaders is an unfounded, desperate and cynical attempt to limit every Arizonan's rights and keep voters from having our say on the ballot.
By dismissing the lawsuit, the court will allow the people of Arizona to study the issues affecting 1 million Arizona students, to have the conversations we deserve to have in our communities, and ultimately to exercise our right to vote No on Proposition 305.
For more information, call or text Dawn Penich-Thacker at 480-734-6904.
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