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County Judge Rules Anti-Union Arizona Ballot Measure Unconstitutional

Judge Gregory Como said the measure would bar governments from negotiating with any labor union and violate Arizona’s Separate Amendment Rule.

  • On Tuesday, Maricopa County Superior Court Judge Gregory Como struck down House Concurrent Resolution 2040, removing the Republican-backed ballot measure from November's ballot for violating Arizona's Separate Amendment Rule.
  • Republican lawmakers crafted the measure as retaliation against the Arizona Education Association after the union pursued reforms to the state's $1 billion Empowerment Scholarship Account program, but negotiations to repeal it failed.
  • Judge Como concluded the resolution was unconstitutionally broad, as it would have prohibited state and local governments from negotiating with any labor organization. The court rejected arguments the language should apply only to school districts.
  • Arizona Senate Republicans confirmed they will not appeal the ruling, while AEA President Marisol Garcia decried the legislature for targeting educators and public-safety workers during the state's educator shortage crisis.
  • The Empowerment Scholarship Account program remains under separate legal scrutiny as critics challenge the Protect Education, Accountability Now Act, arguing many petition signatures are invalid and the effort falls short of the 259,949 names required.
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AZCentral broke the news in Phoenix, United States on Tuesday, July 28, 2026.
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