Laws governing the initiative process in Arizona

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• Changes in the law

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Citizens of Arizona may initiate legislation as either a state statute or constitutional amendment. In Arizona, citizens also have the power to repeal legislation via veto referendum. The Arizona State Legislature may place measures on the ballot as legislatively-referred constitutional amendments or legislatively-referred state statutes. In addition, the Arizona Commission on Salaries for Elective State Officers is one of only a few state committees that have the power to place measures on the ballot.

Crafting an initiative

Of the 24 states that allow citizens to initiate legislation through the petition process, several states have adopted restrictions and regulations that limit the allowable scope and content of initiated proposals. These regulations may include laws that mandate that initiatives address only one topic, restrict the range of acceptable topics for proposed laws, prohibit unfunded mandates, and establish guidelines for adjudicating contradictory measures.

Single-subject rule

See also: Single-subject rule

In Arizona, each proposed measure must address only one subject. Such laws are also known as single-subject rules.

See law: Arizona Constitution, Article 21, Section 1 & Arizona Constitution, Article 4, Part 2, Section 13

Subject restrictions

See also: Subject restrictions (ballot measures)

In Arizona, initiated measures and amendments are not governed by subject restrictions but are required to designate a funding source if they mandate state expenditures.

Referendums, however, may not repeal 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."

See law: Arizona Constitution, Article IV, Part 1, Section 1, ¶ 2-3 & Arizona Constitution, Article IV, Section 23

Competing initiatives

See also: Superseding initiative; "Poison pills"; List of Arizona ballot measures

The Arizona Constitution provides that in the event that two measures conflict, the measure with the most "yes" votes supersedes the other on any points of conflict. However, the other measure is not wholly superseded.

See law: Arizona Constitution, Article XXI, Section 1, ¶ 12

Starting a petition

Each initiative and referendum state employs a different procedure for filing petition applications. Some states require preliminary signatures while others do not. In addition, several states review each proposed statute, verifying that the law conforms to the style and conventions of state law and recommending alterations to initiative proponents. Some of these of these states also review the law for more substantive considerations of content and consistency. Also, many states conduct a review of the ballot title and summary, and several states employ a fiscal review process which analyzes proposed laws to determine their impact on state finances.

Applying to petition

See also: Approved for circulation

Prior to collecting signatures, initiative proponents must file an application to petition with the Arizona Secretary of State. The application must include the name(s) of the proponent, a summary of the measure, and the text of the measure. In addition, the proponents must file a statement of organization, registering the political committee for campaign finance purposes.

See Law: Arizona Revised Statutes, Title 19, Ch. 1, Art. 2, 19-111 & Arizona Revised Statutes, Title 16, Ch. 6, Art. 1, 16-902.01

Proposal review/approval

See also: Approved for circulation

Before applying to petition, proponents may submit the text of the proposed measure to the Arizona Legislative Council for review. The council will then review the legislation for errors, inconsistent provisions, confusing language, and conflicts with existing law. The recommendations of the council are optional and can be rejected or accepted at the sole discretion of the proponents.

See law: Arizona Revised Statutes, Title 19, Ch. 1, Art. 2, 19-111.01

Petition summary

See also: Ballot measure summary statement

Petitions must include a brief description of the measure, prepared by the sponsors of initiative. In addition, the title and full text of the bill must be attached to all signature sheets. The title is also determined by initiative proponents.

See law: Arizona Revised Statutes Title 19, Ch. 1, Art. 3, 19-121 & Arizona Revised Statutes, Title 19, Ch. 1, Art. 1, 19-102

Fiscal review

See also: Fiscal impact statement

After certification, the Joint Legislative Budget Committee must prepare a fiscal analysis of the proposed measure. This analysis is presented at public hearings on the measure organized by the Secretary of State and included on an informational pamphlet produced by the state.

See law: Arizona Revised Statutes, Title 19, Ch. 1, Art. 3, 19-123

Collecting signatures

Each initiative and referendum state employs a unique method of calculating the state's signature requirements. Some states mandate a certain fraction of registered voters while others base their calculation on those who actually voted in a preceding election. In addition, many states employ a distribution requirement, dictating where in the state these signatures must be collected. Beyond these overarching requirements, many states regulate the manner in which signatures may be collected and the timeline for collecting them.

Number required

See also: Arizona signature requirements

The number of signatures required to qualify an initiative for the ballot is tied to the number of votes cast for the office of Arizona governor in the most recent gubernatorial election. The number of signatures to qualify a statute is 10% of votes cast for governor and 15% to qualify a constitutional amendment. The number of signatures required to qualify a veto referendum is 5% of votes cast for governor.

Year	Amendment	Statute	Veto referendum
2014	259,213	172,809	86,405
2012	259,213	172,809	86,405
2010	230,047	153,365	76,682
2008	230,047	153,365	76,682

See law: Arizona Constitution, Article IV, Part 1, Section 1, ¶ 2-3, 7

Distribution requirements

See also: Distribution requirements

Arizona does not have a distribution requirement. As such, any proportion of the required signatures may be collected from any county or congressional district.

See law: Arizona Constitution, Article IV, Part 1, Section 1, ¶ 2-3, 7

Restrictions on circulators

Pay-per-signature

See also: Pay-per-signature

Arizona does not prohibit paying circulators on a per signature basis.

See law: Arizona Revised Statutes, Title 19, Ch. 1, Art. 2, 19-118

Out-of-state circulators

See also: Residency requirements for petition circulators

Arizona allows out-of-state residents to circulate petitions as long as they register with the secretary of state and are qualified to register to vote.

See laws: Arizona Revised Statutes, Title 19, Ch. 1, Art. 2, 19-114 and Arizona Revised Statutes, Title 19, Ch. 1, Art. 2, 19-112

Badge requirements

See also: Badge requirements

Arizona requires that paid circulators be identified as such on petition forms. Arizona does not require badges identifying paid circulators.

See law: Arizona Revised Statutes, Title 19, Ch. 1, Art. 1, 19-102

Electronic signatures

See also: Electronic petition signatures

Since electronic signatures are an emerging technology, the constitutionality of bans on e-signatures and the legality of e-signatures in states without bans is largely untested. Arizona law does mandate that signatures be collected in person.

See law: Arizona Revised Statutes, Title 19, Ch. 1, Art. 2, 19-112

Deadlines for collection

See also: Petition drive deadlines; Circulation period

In Arizona, petitioners have twenty-four months to collect signatures. Signatures must be filed four months before the election in which the measure would appear on the ballot.

See law: Arizona Constitution, Article IV, Part 1, Section 1, ¶ 2-3 & Arizona Revised Statutes Title 19, Ch. 1, Art. 3, 19-121

Getting on the ballot

Once signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. States generally employ a random sample process or a full verification of signatures. After verification, the issue must be prepared for the ballot. This often involves preparing a fiscal review and ballot summary.

Signature verification

See also: Signature certification

After all signatures have been filed and the Secretary of State has issued a receipt, the state has approximately 38 business days to verify the signatures. First, the Secretary of State removes any signatures and petitions not in the correct form. If the remaining number of signatures are still above the required amount, the secretary selects 5% at random and sends them to the county recorders according to the residence of the signers. The secretary has 20 business days to complete this process. Upon receiving the signatures, the county recorders have 15 business days to verify and return the signatures.

Upon receiving the results of the county-by-county verification, the Secretary of State has 72 hours (excluding non-business days) to project the number of valid signatures in the full set. If the projected total is between 95% and 105% of the value, the secretary must order a complete check of the signatures. If less, the petition is rejected. If more, the petition is accepted.

See law: Arizona Revised Statutes, Title 19, Ch. 1, Art. 3, 19-121.01 - 19-121.04, 19-121.02 & 19-121.04

Ballot title and summary

See also: Ballot title

After petition certification, each measure receives a number based on the order in which it was filed with the state. Along with the official title, a "descriptive title" is also included explaining the meaning of a "yes" or "no" vote. The descriptive title, or summary, is drafted by the Secretary of State and approved by the Attorney General.

See law: Arizona Revised Statutes, Title 19, Ch. 1, Art. 3, 19-125

The election and beyond

Ballot measures face additional challenges beyond qualifying for the ballot and receiving a majority of the vote. Several states require ballot measures to get more than a simple majority. While some states mandate a 3/5 supermajority, others states set the margin differently. In addition, ballot measures may face legal challenge or modification by legislators. If a ballot measure does fail, some states limit how soon that initiative can be re-attempted.

Supermajority requirements

See also: Supermajority requirements

Arizona initiatives do not require a supermajority for approval. This includes initiated statutes, initiated amendments, and referenda.

See law: Arizona Constitution, Article IX, Part 1, Section 1, ¶ 13

Effective date

Once the official canvas of votes is complete, the Governor of Arizona immediately issues a proclamation declaring successful measures to be law.

See law: Arizona Constitution, Article IX, Part 1, Section 1, ¶ 13

Litigation

See also: Ballot measure lawsuit news

Any citizen who wishes to challenge the Secretary of State's rejection of a signature filing, may challenge the decision in Arizona Superior Court within five calendar days. Citizens wishing to challenge the action of county recorders concerning an initiative or referendum have five and 10 days, respectively. County complaints are also filed in Superior Court.

See law: Arizona Revised Statutes, Title 19, Ch. 1, Art. 3, 19-122 ; Arizona Revised Statutes, Title 19, Ch. 1, Art. 3, 19-121.03 & Arizona Revised Statutes, Title 19, Ch. 2, Art. 1, 19-208.04

Legislative tampering

See also: Legislative tampering

The Arizona State Legislature may not repeal a successful initiative or referendum. Lawmakers can amend the law, but only if the amendment "furthers the purposes" of the measure and passes with a 3/4 supermajority.

See law: Arizona Constitution, Article IV, Part 1, Section 1, ¶ 6

Re-attempting an initiative

Arizona does not limit how soon an initiative can be re-attempted.

See law: Arizona Constitution, Article IV, Part 1, Section 1, ¶ 2-3

Funding an initiative campaign

See also: Campaign finance requirements for Arizona ballot measures

The Secretary of State is responsible for enforcing campaign finance laws for ballot measure groups. The Arizona Attorney General's Solicitor General Division is responsible for enforcing technical aspects of the law including the wording of the ballot question.

All campaign finance reports are viewable through the Financial Reporting Page furnished by the Secretary of State.

If someone feels a person or committee violated Arizona Campaign Finance Law, the complaint must be filed with the proper authorities depending on the status of the ballot measure. If a measure is placed on the ballot, the complaint must be filed with the filing officer that approved the measure. If the complaint alleges a statewide campaign, the filing officer can refer the complaint to the Attorney General. If the complaint alleges a local campaign, then it's referred to the City or County Attorney.

State initiative law

Article IX of the Arizona Constitution provides authority for the initiative and referendum process.

• Arizona Constitution, Article IV

Title 19 of the Arizona Revised Statutes governs the initiative and referendum process.

• Arizona Revised Statutes, Title 19

External links

• Secretary of State: Initiative, Referendum and Recall
• Secretary of State: "Initiative, Referendum and Recall Handbook"

References

Ballot law
State laws
Initiative law Recall law Statutory changes
Court cases
Lawsuit news Ballot access rulings Recent court cases Petitioner access Ballot title challenges Superseding initiatives Signature challenges
Laws governing local ballot measures

The following laws have been proposed which modify ballot measure law in Arizona.

Proposed changes by year

2013

See also: Changes in 2013 to laws governing ballot measures

The following bills were introduced in the Arizona State Legislature: HB 2007: Requires literature or advertisements for statutory initiatives and their official ballot titles to contain the following disclosure: "Notice: Pursuant to Proposition 105 (1998), this measure can never be changed in the future if approved on the ballot except by a three-fourths vote of the Legislature and the change furthers the purpose of the original ballot measure, or by referring the change to the ballot." HB 2233: Requires the auditor general to conduct a special audit to evaluate the costs of each measure that is voter protected pursuant to article IV, part 1, section 1, Constitution of Arizona, and report the results to the governor, the president of the senate and the speaker of the house of representatives, and provide a copy of this report to the secretary of state. HB 2282: Divides recall elections into a primary and a general election. Makes various changes to recall procedures. HB 2290: Relates to election recall; relates to reimbursement. HB 2305: Requires a political committee that files petitions with the secretary of state to organize and group the signature sheets and affords a heightened evidentiary standard for any challenger to the petition circulators if the political committee conducts an arm’s length background check on its circulators. HB 2314: Includes referendums in the public hearing requirement for initiatives. HB 2366: Requires that initiative and referendum petitions include an impartial title on the petition. HCR 2017: Allows the state legislature to repeal voter approved ballot measures that do not specifically claim protection under the Voter Protection Act of 1998. Also provides that all voter approved initiatives have a subsequent vote eight years after the initial vote. HCR 2033: Requires that all ballot measures relating to state expenditures be reauthorized in an election eight years after the date they were originally passed. SB 1247: Removes the current requirement for notarization of petitioner's statement on petition. SB 1260: Requires the secretary of state to provide the official serial number to the applicant on a stamped copy of the application along with the specific number that is the minimum number of signatures required for the initiative or referendum to appear on the ballot and the required filing date for a petition to appear on the ballot. SB 1262: Applies existing contribution limits to contributions made toward support the effort to gather signatures on a recall petition. SB 1263: Requires that for a statewide ballot measure or question, or a statewide or legislative recall, all persons who are paid circulators must be registered as circulators with the secretary of state before circulating petitions. Requires the secretary to establish the procedure for registering paid circulators and receiving service of process. SB 1264: Modifies and adds requirements with regards to the initiative, referendum and recall petition process. SB 1336: Establishes an Arizona Election Commission to act as the investigatory, compliance and enforcement officer for campaign finance laws that apply to political committees supporting or opposing the recall of a public officer officer, or supporting the circulation of petitions for ballot measures. SB 1416: Modifies the petition signature requirements for new political parties and initiative and referendum measures. SCR 1019: requires initiative and referendum petition signatures to be apportioned among at least five different counties. Requires at least 40 percent of the total minimum number of required petition signatures to be collected from counties other than the two most populous counties.

2012

See also: Changes in 2012 to laws governing ballot measures

The following bills were introduced in the Arizona State Legislature: d HB 2291: Makes minor changes to petition form, adds space for email address (optional). d HCR 2005: Proposes two constitutional amendments. Bill description/summary: "Upon voter approval, creates two ballot measures requiring the reauthorization of initiatives and referendums that create a fund for public monies, dedicate public monies to a specific purpose or otherwise affect state General Fund (GF) revenues or expenditures after six years." d HCR 2020: Proposes an amendment to the Arizona Constitution to limit those eligible to sign recall petitions to qualified electors who voted in the last election at which the targeted office was filled. Also, the amendment would impose an in-district residency requirement on recall sponsors. a Arizona Senate Bill 1210 (2012): Confers on initiative proponents or primary legislative sponsors the right to intervene in the defense of a ballot measure. d SB 1428: Allows recall elections to take place outside of consolidated election dates. d SB 1430: Replaces the circulator's affidavit with a circulator's statement. Lying on the statement would remain a class 1 misdemeanor, but the document would not need to be notarized. d SB 1449: Establishes a primary and general election process for recall. d SCR 1031: Proposes a constitutional amendment requiring any measure that dedicates public funds to reauthorized by voters every 8 years. d SCR 1037: Proposes a constitutional amendment allowing the legislature to cut funding for an approved measure if the measure's specified revenue source fails to cover the measure's costs.

2011

See also: Changes in 2011 to laws governing ballot measures

The following bills were introduced in the Arizona State Legislature: a Arizona House Bill 2304 (2011): HB 2304 would alter the state's requirements for petition circulators, ease third-party primary access, and clarify laws regarding wearing political apparel at polling places. With respect to initiatives, the law would repeal the state's unconstitutional circulator residency requirement. However, it would replace this requirement with a requirement that out-of-state circulators register with the state. Gov. Jan Brewer signed HB 2304 into law on April 29, 2011. Citizens in Charge Foundation rating: Reduces initiative rights. d Arizona House Bill 2365: HB 2304 proposes formatting changes for petition sheets. d Arizona House Concurrent Resolution 2005: HCR 2005 proposes a constitutional amendment requiring half of the signatures necessary to place a measure on the ballot to be collected by volunteers. d Arizona House Concurrent Resolution 2029: HCR 2029 proposes a constitutional amendment establishing a sunset/reauthorization requirement for all initiated measures (statute or amendment) that affect state revenue or expenditures. Measures would sunset after six fiscal years and be automatically subject to a popular vote for reauthorization. It would also apply retroactively to measure passed in 1998 and following. d Arizona House Concurrent Resolution 2036: HCR 2029 proposes a constitutional amendment requiring legislatively-referred measure to be placed on the primary ballot. d Arizona Senate Bill 1075: SB 1075 proposes removing restriction on when recall elections may be held. d Arizona Senate Bill 1077: SB 1077 proposes removing the requirement that circulators sign a notorized affidavit attesting to the validity of the signatures they collect. Replaces this requirement with the requirement that circulators simply sign a statement to the same effect. a Arizona Senate Bill 1167 (2011): SB 1167 sets a deadline for challenges to referendum petitions. After the referendum has been filed with the Secretary of State, opponents have 10 days in even years and 20 days in odd years to file an action challenging the sufficiency of the referendum. The bill gives the Maricopa County Superior Court jurisdiction over these challenges with appeal to the Arizona Supreme Court. The bill also gives Speaker of the House and President of the Senate the right to intervene as a party in the case. d Arizona Senate Concurrent Resolution 1027: SCR 1027 proposes a constitutional amendment establishing a sunset/reauthorization requirement for all initiated measures (statute or amendment) that affect state revenue or expenditures. Measures would sunset after 10 fiscal years and be automatically subject to a popular vote for reauthorization. It would also apply retroactively to measure passed in 1998 and following. d Arizona Senate Concurrent Resolution 1051: SCR 1051 proposes a constitutional amendment allowing lawmakers to redirect funds designated for an initiative if those funds are insufficient to fully fund the measure. Existing law only allows funding reduction for a measure if its designated funding source is insufficient.

2010

See also: Changes in 2010 to laws governing ballot measures

The following bills were introduced in the Arizona Legislature: a Arizona House Bill 2427 (2010): House Bill 2427 would change Arizona's laws on absentee and military voting to give people more flexibility on how they receive their absentee ballot voting materials. The bill was unanimously approved by the Arizona House of Representatives on February 2, 2010 and was approved by the Arizona State Senate on February 4, 2010 by a 24-0 vote. Governor Jan Brewer signed the bill into law on February 11, 2010. a Arizona House Bill 2647 (2010): House Bill 2647 would allow for Political Action Committees (PAC's) to submit ballot initiatives to be qualified upon approval of Legislative Council. Also, the bill would grant immunity to PAC's for reporting to authorities any individual who commit signature fraud . Members of the Arizona House approved the bill by a 55-1 vote on March 17, 2010. The Senate later approved the bill on April 27, 2010, by a 29-0 vote. The bill was signed into law by the Governor of Arizona on April 13, 2010. a Arizona Senate Bill 1393 (2010): Senate Bill 1393 modified the way election records can/must be stored. In addition, the bill mandated that groups advocating for or against ballot measures must file an amended statement of organization if the organization's name, the serial number of the petition, or the organization's statement of support or opposition is modified. It also exempted individual contributions to independent expenditure committees from the $5,610 yearly contribution limit. The bill also allowed contributors to donate more than $5,610 to political committees promoting the election or defeat of a state or local candidate. The bill also changed records keeping rules as regarding donations. Concerning the initiative process, the bill instructed the Secretary of State to exclude from counting any sheets circulated by someone ineligible to do so and any signature where the accompanying information was printed by the circulator. The bill also forbids the Secretary of State from refusing an election filing and changes registration requirements for lobbyists. a Arizona Senate Bill 1422 (2010): Senate Bill 1422 allows those signing nominating petitions to use a PO box as their address. d HB 2438-House Bill 2438 would change how initiatives are numbered on the official ballot in Arizona. The bill calls for all initiatives to be numbered starting after last number used in the previous election. The numbering requirement goes up to number 100. The bill died in committee without seeing a vote in either house of the Legislature. d HB 2730-House Bill 2730 would give county recorders more resources to determine the validity of a petition signer who has a Post Office box address . The bill was defeated in committee without seeing a vote in either house of the legislature. d HCR 2018: House Concurrent Resolution 2018 was a proposal to amend the Arizona Constitution to require that petitions be submitted to the Secretary of State at least 6 months prior to the election. The vote in the Arizona State Legislature to refer HCB 2018 to the November 2, 2010 ballot was successful, but the state's voters rejected the measure, leading to its ultimate defeat. d HCR 2039: House Concurrent Resolution 2039 sought to amend the Arizona Constitution to modify the way funding sources provided in initiatives may be used by the state. It was not placed on the ballot. d HCR 2041: House Concurrent Resolution 2041 sought to amend the Arizona Constitution to require legislative reauthorization of state ballot measures after 8 years if those measures require state expenditures. The bill would have applied retroactively to past ballot measure, but was not placed on the ballot. d HCR 2055: House Concurrent Resolution 2055 sought to amend the Arizona Constitution to subject ballot initiatives, without an identified source of funding, to legislative appropriation. It was not placed on the ballot. d HCR 2063: House Concurrent Resolution 2063 sought to amend the Arizona Constitution to require voters to reauthorize state ballot measures every 10 years if those measures require state expenditures. The bill would have applied retroactively to past ballot measure, but was not placed on the ballot. d SB 1068-Senate Bill 1068 would have changed how and when election materials are sent to absentee voters. It would also have changed the deadline for ballot arguments from 53 to 48 days before the election. The billed failed to pass. d SB 1267-Senate Bill 1267 would have changed the way ballot measures, referenda and amendments are assigned numbers.