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Arizona Voter Protection, Proposition 105 (1998)

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Arizona Proposition 105, also known as the Voter Protection Act, was on the November 3, 1998 election ballot in Arizona as an initiated constitutional amendment. It was approved.

Proposition 105 sought to Amend the Constitution Relating to Initiative and Referendum.[1] The measure was intended to prevent the legislature or governor from tampering with laws created by the voters through the citizen initiative.

Election results

Voter Protection
ResultVotesPercentage
Approveda Yes 476,770 52.3%
No435,52047.7%
Election results from Arizona Elections Department.

Text of measure

The language on the ballot was:

Would amend the Arizona Constitution relating to initiative and referendum measures; prohibit governor's veto; prohibits legislative repeal; require three-fourths vote to amend measure, to supersede measure, or to transfer funds designated by the measure, and only if each furthers the purpose of the measure.[2][3]

Path to the ballot

Proposition 105 came into play in 2009 when the Arizona State Legislature removed $7 million from Early Childhood Development and Health Fund that had accrued as interest and put the money into the state's general operating fund. The board that oversees the fund sued the state in May, and in July, the Arizona Supreme Court sided unanimously with the fund against the state.[4] The Supreme Court relied on Proposition 105 from 1998 in its reasoning.

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