A legal challenge to a Nov. 5 transportation tax vote in Arizona’s largest county has been dismissed.
Voters in Maricopa County decided last month to continue collection of a sales tax used to get transportation work done. The largest county in the state includes the capital city of Phoenix.
The countywide question, Proposition 479, passed with 59% of the vote. The result marks the second renewal of the half-cent sales tax since it was first approved in 1985. Voters approved a 20-year extension in 2004.
This year’s result allows the sales tax to continue through 2045. The tax is expected to raise $14.9 billion over the next two decades.
Ballot result challenged
On Nov. 30, the Maricopa County Republican Committee filed a lawsuit asking the court to overturn the ballot result.
The Republican committee contended the transportation tax is not a continuation of the existing tax and instead is a new tax because it will be used for new projects. Additionally, the group argued the question did not achieve the required 60% voter threshold necessary to pass a new tax.
At issue was a 2022 statewide voter-approved amendment to the Arizona constitution that mandated 60% approval on tax-related initiatives, referendums and constitutional amendments.
Maricopa County later filed a motion to dismiss the suit. The county’s argument included that the legal action missed the Nov. 21 deadline to challenge the vote result.
The county’s motion added that the lawsuit was also invalid because Proposition 479 was not a statewide referendum, initiative or constitutional amendment. Instead, the Arizona Legislature approved putting the proposition on the Maricopa County ballot.
As a result, county officials said, the 2022 state constitutional amendment does not apply.
The committee has since voluntarily dismissed the suit.
This lawsuit was a dumb move to begin with. Prop. 479 didn’t raise a tax, it extended an existing one. Also, it’s a county proposition, not statewide so not subject to the 60-percent threshold. And, bottom-line, Maricopa County residents broadly support building out our… https://t.co/vdohi9HOhL
— Arizona House Democrats (@AZHouseDems) December 9, 2024
How funds will be used
Freeways and state highways are slotted to get the biggest chunk of revenue from the transportation tax – 40%. Another 22.5% is allocated for arterials, street improvements, intersection upgrades and other infrastructure projects. Mass transit will receive 37%.
Projects slated to benefit include the Goodyear-Avondale portion of state Route 30. The project will receive $2.12 billion of the tax revenue.
Other road projects that will benefit include improvements to a 31-mile stretch of Interstates 10 and 17. The corridor accounts for nearly half of all daily freeway traffic in the county.
Proposition 479 prohibits the Maricopa Association of Governments from using any of the sales tax revenue for new light rail. LL
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