Laws governing local ballot measures in Arizona

Laws Governing Local Ballot Measures

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Terms

Initiative • Home rule • General law city • Charter city • Petition • Circulation period • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative tampering • Registered voter

Arizona Constitution
Articles
Preamble • I • II • III • IV • V • VI • VI.I • VII • VIII • IX • X • XI • XII • XIII • XIV • XV • XVI • XVII • XVIII • XIX • XX • XXI • XXII • XXV • XXVI • XXVII • XXVIII • XXIX • XXX

State law establishes that all local governments in Arizona have initiative and referendum powers regarding local ballot measures.

This article sets out the laws governing local ballot measures in Arizona. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
• An overview of laws governing local recall elections.

Types of local government

Local government in Arizona consists of:

• Counties: Arizona counties have a sheriff, county attorney, county recorder, treasurer, assessor, superintendent of schools, and three or five supervisors, each elected to a four-year term.
• Cities: any incorporated community with a population of over 3,000 can be a city. The oldest city is Tucson, which was incorporated by the State Territorial Legislature in 1877. Arizona cities are either Charter cities or General law cities. Under Article XIII, Section 2.2 of the Arizona State Constitution any city with a population of over 3,500 can become a Charter city.
• Towns: an incorporated community with a population of under 3,000 is a town. After the population of a town has increase beyond 3,000 it may become a city although many towns do not. Towns are similar to cities but have fewer powers.

Units of government:

15 counties

44 cities

47 towns

19 of the cities are chartered.

• In addition, there are 309 special districts and 244 independent school districts.

School districts

See also: School bond and tax elections in Arizona

Arizona has a law that allows the voters of a school district to override a budget if the budget exceeds the operating limit. In the event that an Arizona school district fails to gain voter approval on a budget override election, a substitute, no tax increase budget must be made. Arizona allows for school districts to override their budgets by five percent for each fiscal year within the budgeted expenditures of a special program. The five percent revenue limit is used if it involves the constitutionally protected debt limit in the Arizona Constitution.

Local recall

Laws governing recall in Arizona are defined in Article 8 of the Arizona Constitution.

The authority to conduct a recall election in Arizona applies to "Every public officer in the state of Arizona, holding an elective office, either by election or appointment."

A recall can be filed against any public officer on any grounds.

The recall may not be filed until after the elected official has been in office in his or her first term for at least six months. This six-month limit does not apply to state legislators. In the case of state legislators, a recall petition may commence five days after the start of their first legislative session after their election. In the case of other elected officials, there is no six-month limit for subsequent terms in office.

A recall petition must be filed at the office in which the officer being recalled files for nomination and must contain a general statement explaining the recall, not exceeding 200 words. This petition must be signed by the sponsors who swear an oath that all signatures collected will be valid signatures. The signature requirement is 25 percent of the number of votes cast in the last election for that office.

For additional detail see: Laws governing recall in Arizona

Initiative process availability

Ballot Law Portal

Laws Governing Ballot Measures

The initiative and referendum powers for both ordinances and charter amendments are mandated and the procedures are partially set for all counties, cities, and towns by State Law.

Authority

A guide to local ballot initiatives

Constitution

The Arizona Constitution provides that every incorporated city, town and county has initiative and referendum rights and sets the signature requirements. It provides that municipal charters can be amended via this initiative process.

Authority for local Initiative and Referendum   ARTICLE IV. LEGISLATIVE DEPARTMENT PART 1. INITIATIVE AND REFERENDUM: “ (2) Initiative power. The first of these reserved powers is the initiative. Under this power ten per centum of the qualified electors shall have the right to propose any measure, and fifteen per centum shall have the right to propose any amendment to the constitution. (3) Referendum power; emergency measures; effective date of acts. The second of these reserved powers is the referendum. Under this power the legislature, or five per centum of the qualified electors, may order the submission to the people at the polls of any measure, or item, section, or part of any measure, enacted by the legislature, except laws immediately necessary for the preservation of the public peace, health, or safety, or for the support and maintenance of the departments of the state government and state institutions; ”

Article XIII, section 2 establishes procedures for amending municipal charters:

Authority for City Charter amendment by petition   “ The charter so ratified may be amended by amendments proposed and submitted by the legislative authority of the city to the qualified electors thereof (or by petition as hereinafter provided), at a general or special election, and ratified by a majority of the qualified electors voting thereon and approved by the governor as herein provided for the approval of the charter. ”

Statutes

Arizona State Code establishes initiative petition and charter amendment:

Title 9 Chapter 2 Article 5:   “ 19-143. Initiative petition in cities; action of council; amendment of charter A. The whole number of votes cast at the city or town election at which a mayor or councilman was chosen last preceding the submission of the application for an initiative petition is the basis for computing the number of qualified electors of the city or town required to sign the petition unless the city or town by charter or ordinance provides an alternative basis for computing the number of necessary signatures. B. If an ordinance, charter or amendment to the charter of a city or town is proposed by initiative petition, it shall be filed with the city or town clerk, who shall submit it to the voters of the city or town at the next ensuing election. The council may enact the ordinance or amendment and refer it to the people or it may enact the ordinance or amendment without referring it to the people, and in that case it is subject to referendum petition as other ordinances. The mayor shall not have power to veto either of such measures. C. Amendments to a city or town charter may be proposed and submitted to the people by the council, with or without an initiative petition, but they shall be filed with the clerk for submission not less than sixty days before the election at which they are to be voted upon, and no amendment of a charter shall be effective until it is approved by a majority of the votes cast thereon by the people of the city or town to which it applies. The council may by ordinance order special elections to vote on municipal measures. ”

Initiative process features

Initiative Process For All Local Governments   Petition form: The Initiative and Referendum in Arizona is restricted to matters on which the incorporated cities, towns or counties are empowered by general laws to legislate. The charters of any local government shall be consistent with and subject to the state constitution, and not in conflict with the constitution and laws relating to the exercise of the initiative and referendum and other general laws of the state not relating to cities. State Statutes 9-284. More information and a petitioners guide are found in the Arizona research folder. The process for submission and approval of initiated or referred ballot measures is left up to the determination of the particular city, town, or county, within the restrictions of general law. General Law states that they shall be as close as is practical to the state initiative and referendum process. (Constitution of Arizona, Article IV, Part 1, Section 1.8) Signature requirements: Charter Amendment initiative petitions require 15% of qualified electors. Ordinance initiative petitions require 15% of qualified electors. Referendum Petitions require 10% of qualified electors. The process for calculating signature percentages is left up to the local government by the Constitution until further established by State Statute. The percentage is currently calculated from total votes cast in the last mayoral or councilman election as specified by State Statute 19-143. Circulation period: The ballot measures are allowed to circulate for up to 20 months. Amendments must be filed no less than 60 days before the election. Application for a petition serial number must be no more than 24 months before the proposed election and no later than 4 months. Completed Referendum Petitions must be submitted 90 days after the end of the session. Completed Initiative Petitions must be submitted 4 months before the election. Circulator restrictions: Circulators of petitions must be registered to vote or registered to circulate petitions. Justices of the peace may not circulate petitions. Persons registered to circulate petitions need not be residents. (Arizona State Statutes 19-114 and 19-112). Notary requirement: A sponsor affidavit is required. Submitting signatures:Signatures, along with the petition sheet, must be turned in to the city clerk, town clerk, or county officer in charge of elections or person performing the duties as such. (Arizona State Statutes Title 19-141-143) The petition cannot be mailed in. If the signatures and petition are valid the ballot measure must be on the next election ballot. Counties, towns, and cities can allow for special elections by ordinance. Election procedure: Measures are to be on the ballot on the next ensuring election. In the case of charter amendments the Council may order a special election by ordinance. (Arizona Statute 19-143) Election results: A simple majority determines the outcome of the election.

Local I&R Laws in the 50 States

Source:Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

Initiative process in the top 10 most populated cities

List of Most Populated Cities in Arizona
City	Population	City Type	Next election
Phoenix	1,469,471	Charter
Tucson	525,796	Charter
Mesa	446,518	Charter
Chandler	240,101	Charter
Glendale	230,482	Charter
Scottsdale	221,020	Charter
Gilbert	211,951	General law
Tempe	164,268	Charter
Peoria	156,637	Charter
Surprise	119,849	General law

Individual city provisions   All cities and towns are subject to the state mandated ordinance initiative and referendum procedures shown above. All cities below, except Gilbert and Surprise, are charter cities and thus subject to state mandated procedures for charter amendment initiative and referendum. Any additional provisions regarding local initiative and referendum found in individual city charters and codes are elaborated below. Phoenix Population as of the July, 2011 census update: 1,469,471.Phoenix is a charter city. The signature requirement percentages for valid petitions, as established by state law, are based on the number of voters in the last mayoral election. Petitions must be filed within two years from the date on which the official number is assigned and signatures obtained more than 6 months prior to the date of filing shall be invalid and certified so by the clerk (Phoenix Charter, Chap. XV). After the City Clerk has certified that the petition for ordinance initiative is valid and sufficient, the Council must, within 25 days, either call a special election or resolve to place the ordinance on the next regular City election if that election is less than 120 days after the Councils decision on the petition. Petitions to amend the Charter cannot simply be adopted by the Council, but must be submitted to a decision of the electors. (See above for state prescribed initiative process) Phoenix City Charter Tucson Population as of the July, 2011 census update: 525,796. Tucson is a charter city. Tucson has additional provisions for ordinance initiative and referendum only. The city of Tucson computes the requisite signature percentages of voters based on the vote for the candidates for mayor at the last preceding general municipal election at which a mayor was elected (Tucson Charter, Chap. XIX, Sec. 1). The form of a petition is established in the Tucson Charter, Chap. XIX, Sec. 2. On the filing of a successful petition, the council may pass the measure or proceed to call a special election. (Tucson Charter, Chap. XIX, Sec. 3) (See above for state prescribed initiative process) Tucson City Charter Mesa Population as of the July, 2011 census update: 446,518. Mesa is a charter city. Mesa computes the signature requirement percentages based on the total vote for Mayor in the preceding election (Mesa Charter, Sec. 801, 903). (See above for state prescribed initiative process) Mesa City Charter Chandler Population as of the July, 2011 census update: 240,101. Chandler is a charter city. According to the Chandler City Charter, any five qualified voters may commence initiative or referendum proceedings by filing with the city clerk an affidavit stating they will be the petitioners' committee and be responsible for circulating the petition. These five voters must file the petition in the proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. (Chandler Charter, Sec. 8.02). Promptly after the affidavit of the petitioners' committee is filed, the city clerk shall issue the appropriate petition blanks to the petitioners' committee. (Chandler Charter, Sec. 8.02) (See above for state prescribed initiative process) Chandler City Charter Glendale Population as of the July, 2011 census update: 230,482. Glendale is a charter city. Glendale follows the procedures for initiative and referendum that exist in state law and adds nothing further in its own charter. (See above for state prescribed initiative process) Glendale City Charter Scottsdale Population as of the July, 2011 census update: 221,020. Scottsdale is a charter city. Scottsdale does not allow any initiative measure to change or alter, or remove or limit, any power, right, duty, privilege or immunity conferred by or established by its Charter. Moreover, the City of Scottsdale forbids any initiative measure which in any way conflicts with a provision of its charter or responsibilities conferred by it. (See above for state prescribed initiative process) Scottsdale City Charter Gilbert Population as of the July, 2011 census update: 211,951. Gilbert is a general law city. The City of Gilbert bases the state mandated required signature percentages on the total number of registered voters qualified to vote at the last municipal election, whether primary, general or special, immediately preceding the date upon which the relevant petition is filed. (Gilbert Code, Sec. 26-10) This initiative petitions must be filed at least 120 days prior to the date of the election at which the proposed measures are to be voted upon. (Gilbert Code, Sec. 26-10) (See above for state prescribed initiative process) Gilbert City Code Tempe Population as of the July, 2011 census update: 164,268. Tempe is a charter city. In Tempe, the signature requirements are based on the total number of registered voters qualified to vote at the last preceding general municipal election. (Tempe Charter, Sec. 8.01) As in Chandler, any 5 qualified voters may commence initiative proceedings by filing with the city clerk an affidavit stating they will constitute the petitioners' committee and stating required information such as their names and addresses. (Tempe Charter, Sec. 8.02) Promptly after this affidavit of the petitioners' committee is filed, the city clerk shall issue the appropriate petition blanks to the petitioners' committee. (Tempe Charter, Sec. 8.02) (See above for state prescribed initiative process) Peoria City Charter Peoria Population as of the July, 2011 census update: 156,637. Peoria is a charter city. Peoria follows the state mandated initiative and referendum procedures as delineated in the section above and has no additional laws concerning them in its charter. (See above for state prescribed initiative process) Surprise Population as of the July, 2011 census update: 119,849. Surprise is a general law city. The city of Surprise does not have any additional initiative and referendum provisions in its code. (See above for state prescribed initiative process)

External links

• League of Arizona Cities and Towns
• Research Document of Arizona Local I&R Laws
• Arizona Revised State Statutes