Lawsuit seeking to allow Arizonans to vote on state Appeals Court judges dismissed

The Arizona Supreme Court on Wednesday dismissed a lawsuit seeking statewide elections for Appeals Court judges, just one day after the complaint was filed.

The conservative-leaning Goldwater Institute filed a lawsuit at the state Supreme Court on Tuesday on behalf of four clients who are calling on the secretary of state to include Arizona Court of Appeals judges in statewide retention elections because they felt the existing system disenfranchised them.

But Justice Ann Timmer wrote in an order on Wednesday that the court had read the petition as a facial challenge, meaning the court interpreted it to be calling a state law unconstitutional on its face.

Only Adrian Fontes, in his official capacity as Arizona secretary of state, was named in the original complaint.

Timmer dismissed the lawsuit without prejudice, meaning the plaintiffs can file it again if they "include as parties all persons who have or claim any interest that would be affected by the relief sought" and notify those parties.

Ruling sought: Goldwater Institute lawsuit seeks to let all Arizona voters decide on Appeals Court judges

Joe Setyon, senior communications manager for the Goldwater Institute, said the think tank plans to refile the petition in the coming days.

A spokesperson for the Arizona Secretary of State's Office said the agency was aware of the dismissal and was monitoring the situation.

This article originally appeared on Arizona Republic: Lawsuit over Arizona Appeals Court judge elections dismissed