by Dinita L. James, Ford & Harrison LLP
Arizona voters surfed the national Republican wave, flip-flopping the party affiliation of its U.S. House delegation, putting every statewide office in Republican hands, and likely giving the GOP a supermajority in the Arizona Legislature when final vote tallies are in.
The election results are sure to lead to even greater focus on tough immigration measures, while encouraging an even more vigorous defense in the federal courts with regard to challenges to recent state initiatives such as the Legal Arizona Workers Act and S.B. 1070. (Also known as the Support Our Law Enforcement and Safe Neighborhoods Act, S.B. 1070 is the state’s most recent piece of immigration legislation, which has sparked national furor and even boycotts of the state.)
Despite its rise to the national spotlight, the immigration debate won’t be Arizona’s only concern. Governor Jan Brewer, who easily won reelection, and the GOP-dominated legislature also will remain preoccupied with the state budget. Voters overwhelmingly defeated two ballot propositions that would have allowed raids on trust funds created by previous voter initiatives — for early childhood education and land conservation — to reduce the deficit. Plugging the $1.3 billion budget hole will be the top priority, and any employer-focused legislation likely will have to wait.
Dinita L. James is editor of Arizona Employment Law Letter and a partner with Ford & Harrison LLP in Phoenix. She can be reached at (602) 627-3520.