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Judge Removes Anti-Union Measure From Arizona's November Ballot

A Maricopa County Superior Court judge has ruled that a Republican-backed ballot measure aimed at restricting public-employee unions cannot appear on Arizona's November general-election ballot, finding it violates the st

Briar Doyle

July 29, 20262 min read

Ballot box illustration - illustration, Jake Team LLC
Ballot box illustration - illustration, Jake Team LLC

Queen Creek, Arizona — A Maricopa County Superior Court judge has ruled that a Republican-backed ballot measure aimed at restricting public-employee unions cannot appear on Arizona's November general-election ballot, finding it violates the state constitution's single-subject requirement for ballot measures.

Judge Gregory Como ruled Tuesday that House Concurrent Resolution 2040, referred to voters by the Legislature, reached well beyond its stated aim. Supporters described the measure as applying only to teachers, but the judge agreed with the Arizona Education Association, the state's public school teachers union, that its language sweeps in all labor organizations.

The measure would have barred school districts from using their resources to support unions while also prohibiting every level of state and local government in Arizona from negotiating contracts with any labor organization. The court found no ambiguity in that broad ban, concluding the two provisions could not be joined in a single ballot question.

Republican lawmakers advanced the measure after clashing with the AEA over the union's opposition to private-school vouchers. Police and firefighter unions also came out against it, and an effort to bring lawmakers back for a special session to narrow the measure collapsed without Democratic support. Lawmakers may appeal; Senate President Warren Petersen did not respond to a request for comment on whether they will.

AEA President Marisol Garcia criticized the measure in a statement after the ruling.

"While our state's educator shortage reaches crisis level with no end in sight, our elected leaders spent precious hours of this year's legislative session cooking up HCR 2040 to target educators, police and firefighters and undermine our ability to advocate for ourselves and our students." — AEA President Marisol Garcia

Queen Creek is a fast-growing town straddling Maricopa and Pinal counties in the Southeast Valley of the Phoenix metro area, home to roughly 70,000 residents.

The ruling removes one of the more contentious referrals from the November ballot, on which Arizona voters will also decide statewide offices and legislative seats. Supporters have not said whether they will attempt to revive the proposal in a future session.

Sources: KJZZ (July 28, 2026): https://www.kjzz.org/elections/2026-07-28/judge-rejects-arizona-anti-union-ballot-measure-agrees-it-would-affect-more-than-teachers Arizona Republic/azcentral (July 28, 2026): https://www.azcentral.com/story/news/politics/arizona/2026/07/28/judge-removes-hcr2040-teacher-union-restriction-measure-from-ballot/91082909007/

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Briar Doyle

Briar Doyle covers Queen Creek city hall, the council, and county government.

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