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Arizona Ballot Law Delays and the Debate Over Jury Selection Rules

Published byLoose Law Group, P.C.of Loose Law Group|April 15, 2025

Proposition 314: The so-called “border initiative” that was approved by a wide margin of voters in the November 2024 election is still not in effect. Two lawsuits are holding it up. The law, approved by 63% of voters, states that a similar Texas statute needs to be found constitutional before 314 would commence. A current lawsuit questions why another state’s decision can affect an Arizona law. The other suit declares the law is unenforceable because there is no funding provided to pay for the provisions within it.

How Jurors are Selected: Peremptory challenges which allowed attorneys to eliminate prospective jurors for no specific reason, were abolished by the Arizona Supreme Court in 2021. It was shown that peremptory challenges lead to underrepresented Black jurors, Hispanic jurors and Native American jurors. Now, the Republican-dominated House Appropriations Committee in the Arizona legislature is proposing that peremptory challenges be reinstated – essentially overruling the AZ Supreme Court’s 2021 decision.

Disclaimer: Laws change constantly. Specific legal advice should be obtained regarding any legal matter. The information contained on this website does not constitute legal advice and no attorney-client relationship is created. 

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