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05 Sep 2012

Horne: Federal District Judge Rules in Favor of AZ Law Protects Secret Ballot


by: Attorney General Tom Horne

In a rebuke to a 2011 Obama administration demand calling for Arizona to repudiate the voter-approved protection of secret balloting in union elections, U.S. District Court Judge Frederick Martone today granted Summary Judgment in favor of the State’s position that the law is constitutional, Attorney General Tom Horne announced. 

“This is a stinging rebuke to an outrageous National Labor Relations Board attack made in 2011 when that panel tried to subvert the sanctity of the secret ballot,” Horne said. “As I said at the time, this intimidation by our own elected leaders must stop, and today’s court decision is a welcome step in that direction. Judge Martone’s ruling makes it clear that the 2010 state constitutional amendment requiring that union elections be held using a secret ballot as opposed to using the so-called ‘card-check’, cannot be overruled by the bureaucrats at the NLRB. This is a tremendous victory not only for the people of Arizona, but for the institution of free elections for all people, a cherished right for which our forebears fought a revolution.”

He added, “Four states, including Arizona, passed similar constitutional amendments. The NLRB threatened all four states, that if they did not voluntarily negate their amendments, the NLRB would sue. All four states refused to be intimidated. However, the NLRB only sued Arizona, so Arizona successfully carried the ball for the entire country on this important issue concerning our basic freedoms.”

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Attorney General Tom Horne

Attorney General Tom Horne

Tom Horne was elected Arizona Attorney General in 2010.

The Attorney General serves as the chief legal officer of the State. The Attorney General is mandated by our constitution and elected to a four-year term by the people of Arizona.

The Attorney General’s Office represents and provides legal advice to most State agencies; enforces consumer protection and civil rights laws; and prosecutes criminals charged with complex financial crimes and certain conspiracies involving illegal drugs. In addition, all appeals statewide from felony convictions are handled by this Office.

The Child and Family Protection Division provides legal services to the Department of Economic Security (DES), including Child Protective Services (CPS) and Child Support Enforcement.

The Attorney General’s Office brings and defends lawsuits on behalf of the State and prepares formal legal opinions requested by State officers, legislators, or county attorneys on issues of law.

The Attorney General’s Office has jurisdiction over Arizona's Consumer Fraud Act, white collar crime, organized crime, public corruption, environmental laws, civil rights laws, and crimes committed in more than one county. Additionally, this Office prosecutes cases normally handled by county attorneys when they have a conflict.

Website: www.azag.gov

Contact Details

  • Address
    1275 West Washington Street
  • City
    Phoenix
  • State or Province
    AZ
  • Zip Code
    85007-2926
  • Country
    United States
  • Telephone
    602.542.5025

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