Judge kicks anti-union measure off Arizona ballot, citing constitutional violation

A Republican-backed measure targeting public employee unions has been struck from Arizona’s 2026 general election ballot.

A Maricopa County Superior Court judge ruled that Proposition 143 violated the Arizona Constitution’s Separate Amendment Rule.

A spokesperson for Republican legislative leaders confirmed they will not appeal.

The measure was a ballot referral, one of several tools Arizona lawmakers can use to put questions directly to voters.

Unlike citizen-led initiatives that require petition signatures, ballot referrals need only a majority vote of the Legislature and do not require the governor’s signature. If approved by voters, ballot measures amend the state constitution.

What Prop 143 wanted to do

If approved by voters, the measure would have banned school districts from using taxpayer money or resources to support unions.

It would have blocked districts from deducting union dues from employee paychecks, barred unions from recruiting during orientations and prohibited teachers from using school email or paid leave for union business.

The measure also would have banned the state and all local governments from negotiating collective bargaining agreements with unions representing public employees such as police officers, firefighters, teachers and 911 operators.

Why the measure was struck down

Judge Gregory Como found the measure improperly combined two distinct proposals into a single yes-or-no question. One provision would have banned school districts from using public money or resources to support union activities.

The other would have prohibited the state and all local governments from entering into collective bargaining agreements with any labor union.

The judge ruled voters deserved the chance to weigh in on each issue separately and that bundling them together violated constitutional requirements.

The ruling drew praise from Democrats and Republicans

Arizona Attorney General Kris Mayes called it a “huge win” for police officers, firefighters, teachers and Arizona workers.

Huge win today on behalf of our police officers, firefighters, teachers and ALL Arizona workers! pic.twitter.com/26QG6VW1Uf

— Kris Mayes (@krismayes) July 28, 2026

Republican state Rep. Matt Gress, who supported the bill, said the ruling “removes the uncertainty that threatened Arizona’s police officers and firefighters.”

He added that at a time when public safety agencies face serious recruitment and retention challenges, “our first responders must retain their ability to advocate for the resources they need to keep our communities safe.”

My statement on the Superior Court striking down HCR 2040. pic.twitter.com/T5Kb4mjmWJ

— Matt Gress (@MatthewGress) July 28, 2026

Arizona Education Association President Marisol Garcia said the measure was an attack on the people it claimed to protect.

“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,” Garcia said. “The Superior Court struck down HCR 2040, but the only way to protect educators is by changing leadership and putting pro-education candidates in office.”

Arizona House Democrats also praised the outcome, calling the measure a “Republican attack on public-sector unions.”

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