Arizona Proposition 136, Legal Challenges to Constitutionality of Initiatives Amendment (2024)

Arizona Proposition 136
Election date November 5, 2024
Topic Direct democracy measures and State judiciary
Status d Defeated
Type Constitutional amendment	Origin State legislature

Arizona Proposition 136, the Arizona Legal Challenges to Constitutionality of Initiatives Amendment, was on the ballot in Arizona as a legislatively referred constitutional amendment on November 5, 2024. The ballot measure was defeated.

A "yes" vote supported providing for challenges to an initiative measure or constitutional amendment after the filing of the measure with the secretary of state.

A "no" vote opposed providing for challenges to an initiative measure or constitutional amendment after the filing of the measure with the secretary of state.

Election results

Arizona Proposition 136
Result		Votes	Percentage
Yes		1,151,823	38.10%
No		1,871,364	61.90%

Results are officially certified.

Source

Overview

What would the amendment have done regarding legal challenges to the constitutionality of ballot measures?

See also: Text of measure

This measure would have amended the state constitution to introduce new provisions regarding challenges to the constitutionality of proposed constitutional amendments or initiative measures. The amendment would have allowed any person to file a legal challenge in the superior court regarding the constitutionality of a proposed constitutional amendment or initiative measure at least one hundred days before the date of the election where the measure or amendment was scheduled to be voted on. For measures on a November general election ballot, this 100-day timeline would have meant challenges could be filed up until the end of July. Challenges could have been filed on the grounds that the proposed measure or amendment, if enacted, would violate either the United States Constitution or the state constitution.

Any party could have appealed the superior court's decision to the state supreme court within five calendar days after the superior court rendered its judgment. If a court ruled that a proposed measure was unconstitutional, then the secretary of state or other appropriate election officer would have been instructed not to include the measure on the official ballot.

What was the status quo in Arizona regarding constitutionality challenges to ballot measures?

See also: Challenges to constitutionality of ballot measures in Arizona

According to an analysis by the Arizona Legislative Council, "Under the separation of powers doctrine embodied in Article III of the Arizona Constitution, the courts generally may not adjudicate challenges to the constitutionality of an initiative measure until after the initiative measure is enacted by the voters." Article III of the Arizona Constitution reads, "The powers of the government of the state of Arizona shall be divided into three separate departments, the legislative, the executive, and the judicial; and, except as provided in this constitution, such departments shall be separate and distinct, and no one of such departments shall exercise the powers properly belonging to either of the others."

According to the purpose statement of the ballot measure, "The Arizona Supreme Court has long maintained, however, that it lacks authority to adjudicate challenges to the constitutionality of an initiative unless and until the initiative is adopted … This amendment expressly authorizes challenges to the constitutional validity of proposed initiative measures or constitutional amendments at any time after a petition is filed with the secretary of state."

What were the arguments for and against this measure?

See also: Support and Oppose

In support of the measure, State Rep. Austin Smith (R-29) said, "It’s an opportunity to challenge constitutional amendments, which is actually starting to happen a lot more than they used to."

In opposition to the measure, State Rep. Laura Terech (D-4) said, "This is going to astronomically raise the cost of running these initiatives and I find it deeply, deeply undemocratic."

Text of measure

Ballot title

The official ballot title was as follows:

“

PROPOSITION 136 PROPOSED AMENDMENT TO THE ARIZONA CONSTITUTION BY THELEGISLATURE RELATING TO BALLOT MEASURES. Official Title AMENDING ARTICLE IV, PART 1, SECTION 1, CONSTITUTION OF ARIZONA. Descriptive Title AUTHORIZES A PERSON TO BRING A LAWSUIT TO TRY TO STOP A VOTER-PROPOSED INITIATIVE FROM BEING PLACED ON THE BALLOT IF THAT PERSON SUES AT LEAST ONE HUNDRED DAYS BEFORE THE ELECTION AND CLAIMS THE PROPOSED INITIATIVE WOULD VIOLATE THE UNITED STATES CONSTITUTION OR THE ARIZONA CONSTITUTION.

”

Ballot summary

The official ballot summary was as follows:

“

A "yes" vote shall have the effect of amending the Arizona Constitution to allow lawsuits regarding the constitutionality of a voter-initiated ballot measure to be filed prior to the election in order to stop the measure from being placed on the ballot. A "no" vote shall have the effect of preserving the current state of the law, which typically requires challenges to the constitutionality of a voter-initiated ballot measure to be brought only after the voters have decided to approve a ballot measure.

”

Constitutional changes

The ballot measure would have added a Subsection 17 to Section 1, Part 1 of Article IV of the Arizona Constitution. The following underlined language would have been added:

Note: Hover over the text and scroll to see the full text.

(17) Challenges to the constitutionality of initiative measures or amendments. At any time after a petition in support of a constitutional amendment or initiative measure is filed with the secretary of state, a person may bring an action in superior court at least one hundred days before the date of the election at which the measure or amendment will be voted on to contest the constitutionality of the measure or amendment on the grounds that, if enacted, the measure or amendment violates the constitution of the united states or this constitution. Any party may appeal to the supreme court within five calendar days after the superior court enters judgment. If, in any action brought under this subsection at least one hundred days before the date of the election at which the measure or amendment will be voted on, a court of competent jurisdiction enters a judgment finding that the measure or amendment violates the constitution of the united states or this constitution, the secretary of state or other officer shall not certify or print the measure or amendment on the official ballot.

Readability score

See also: Ballot measure readability scores, 2024

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The attorney general wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 12, and the FRE is 24. The word count for the ballot title is 73.

The FKGL for the ballot summary is grade level 21, and the FRE is 17. The word count for the ballot summary is 85.

Support

Supporters

Officials

• State Rep. Austin Smith (R)

Political Parties

• Libertarian Party of Arizona

Organizations

• Fair Elections Fund

Arguments

• State Rep. Austin Smith (R-29): "It’s an opportunity to challenge constitutional amendments, which is actually starting to happen a lot more than they used to."

Opposition

Opponents

Officials

• State Rep. Laura Terech (D)
• Tucson Mayor Regina Romero (D)

Political Parties

• Arizona Working Families Party

Organizations

• League of Women Voters of Arizona

Arguments

• State Rep. Laura Terech (D-4): "This is going to astronomically raise the cost of running these initiatives and I find it deeply, deeply undemocratic."

Campaign finance

See also: Campaign finance requirements for Arizona ballot measures

Ballotpedia did not identify ballot measure committees registered to support or oppose the ballot measure.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$0.00	$0.00	$0.00	$0.00	$0.00
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$0.00	$0.00	$0.00	$0.00	$0.00

Background

Challenges to constitutionality of ballot measures in Arizona

According to an analysis by the Arizona Legislative Council, "Under the separation of powers doctrine embodied in Article III of the Arizona Constitution, the courts generally may not adjudicate challenges to the constitutionality of an initiative measure until after the initiative measure is enacted by the voters." Article III of the Arizona Constitution reads, "The powers of the government of the state of Arizona shall be divided into three separate departments, the legislative, the executive, and the judicial; and, except as provided in this constitution, such departments shall be separate and distinct, and no one of such departments shall exercise the powers properly belonging to either of the others."

According to the purpose statement of the ballot measure, "The Arizona Supreme Court has long maintained, however, that it lacks authority to adjudicate challenges to the constitutionality of an initiative unless and until the initiative is adopted … This amendment expressly authorizes challenges to the constitutional validity of proposed initiative measures or constitutional amendments at any time after a petition is filed with the secretary of state."

Path to the ballot

Amending the Arizona Constitution

See also: Amending the Arizona Constitution

A simple majority vote is required during one legislative session for the Arizona State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 31 votes in the Arizona House of Representatives and 16 votes in the Arizona State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

Amendment in the state Legislature

The amendment was introduced to the Arizona House of Representatives on February 8, 2024. It passed the House on February 28, 2024 by a 31-28 vote.

The Arizona State Senate introduced its own version, Senate Concurrent Resolution 1041, on February 5, 2024. It passed in the Senate on March 11, 2024, by a vote of 16-12. It passed the House on June 12, 2024 by 31-29.

Vote in the Arizona State Senate March 11, 2024
Requirement:
Number of yes votes required: 16  a
	Yes	No	Not voting
Total	16	12	2
Total percent	53.3%	40%	6.6%
Democrat	0	12	2
Republican	16	0	0

Vote in the Arizona House of Representatives June 12, 2024
Requirement:
Number of yes votes required: 31  a
	Yes	No	Not voting
Total	31	29	0
Total percent	51.6%	48.3%	0%
Democrat	0	29	0
Republican	31	0	0

How to cast a vote

See also: Voting in Arizona

See below to learn more about current voter registration rules, identification requirements, and poll times in Arizona.

How to vote in Arizona

Poll times

In Arizona, all polling places are open from 6:00 a.m. to 7:00 p.m. local time. An individual who is in line at the time polls close must be allowed to vote.

Registration

Check your voter registration status here.

To vote in Arizona, one must be a citizen of the United States and a resident of an Arizona county. A voter must be 18 years or older on or before Election Day. Arizona also requires voters to provide documentary proof of citizenship to vote for state and local elections

To be eligible to vote in an election one must register at least 29 days prior to the election. Individuals can register online, in person at the county recorder's office, or by mail.

Automatic registration

Arizona does not practice automatic voter registration.

Online registration

See also: Online voter registration

Arizona has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

Arizona does not allow same-day voter registration.

Residency requirements

Arizona law requires 29 days of residency in the state before a person may vote.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Arizona requires voters to submit proof of citizenship with their voter registration application to vote in state and local elections. According to the Arizona Secretary of State's website: "A registrant who attests to being a citizen but fails to provide proof of citizenship and whose citizenship is not otherwise verified will be eligible to vote only in federal elections (known as being a 'federal only' voter)." Accepted proof of citizenship include:

• An Arizona Driver's License/Identification Number
• Indian Census Number, Bureau of Indian Affairs Card Number, Tribal Treaty Card Number, or Tribal Enrollment Number
• A photocopy of U.S. naturalization documents
• A photocopy of a birth certificate and supporting legal documentation (i.e., marriage certificate) if the name on the birth certificate is not the same as your current legal name.
• A photocopy of a U.S. passport.
• A photocopy of a Tribal Certificate of Indian Blood or Bureau of Indian Affairs Affidavit of Birth.

On August 22, 2024, the U.S. Supreme Court issued an emergency order partially granting the Republican National Committee and Arizona Republicans' request to enforce a 2022 law related to proof of citizenship requirements. The court allowed the enforcement of the provision requiring the state to reject state voter registration forms submitted without proof of citizenship. Previously, a person who submitted a state voter registration form without proof of citizenship could still be a federal only voter. After the court's ruling, a person unable to provide proof of citizenship would need to submit a federal voter registration form in order to vote in federal elections. Read more about legal challenges to this law here.

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The Arizona Voter Information Portal, run by the Arizona Secretary of State's office, allows residents to check their voter registration status online.

Voter ID requirements

Arizona requires voters to present photo identification or two forms of non-photo identification while voting.

The following were accepted forms of identification as of July 2024: Click here for the Arizona Citizens Clean Elections Commission's page on accepted ID to ensure you have the most current information.

Voters can present one of the following forms of ID that contain the voter’s photograph, name, and address:

• Arizona driver’s license
• U.S. federal, state, or local government-issued ID, issued with printed name and address
• Arizona ID card
• Tribal enrollment card or other form of tribal ID

If a voter does not have one of the above forms of ID, the voter can present two of the following forms of ID that contain the voter’s name and address:

• Utility bill in the voter's name
• Bank or credit union statement that is dated within 90 days of the date of the election
• Valid Arizona vehicle registration
• Arizona vehicle insurance card
• Indian census card
• Property tax statement
• Recorder's certificate or voter registration card
• Tribal enrollment card or other tribal ID
• Valid U.S. federal, state, or local government-issued ID with a printed name and address or
• Any mailing in the voter's name that is labeled "official election material"  

Additionally, if a voter presents photo ID that does not list an address within the precinct in which he or she wants to cast a vote, that person may present the photo ID with one non-photo identification material from the second list above. The identification material should include the voter’s address.

See also

2024 measures

• 2024 ballot measures
• Direct democracy measures on the ballot

Arizona

• Arizona ballot measures
• Arizona ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• AZ SCR 1041