Arizona Proposition 315, Legislative Ratification of State Agency Rules that Increase Regulatory Costs Measure (2024)

Arizona Proposition 315
Election date November 5, 2024
Topic State legislatures measures and Administration of government
Status d Defeated
Type State statute	Origin State legislature

Arizona Proposition 315, the Arizona Legislative Ratification of State Agency Rules that Increase Regulatory Costs Measure, was on the ballot in Arizona as a legislatively referred state statute on November 5, 2024. The ballot measure was defeated.

A "yes" vote supported prohibiting a proposed rule from becoming effective if that rule is estimated to increase regulatory costs by more than $500,000 within five years after implementation, until the legislature enacts legislation ratifying the proposed rule.

A "no" vote opposed prohibiting a proposed rule from becoming effective if that rule is estimated to increase regulatory costs by more than $500,000 within five years after implementation, until the legislature enacts legislation ratifying the proposed rule.

Election results

Arizona Proposition 315
Result		Votes	Percentage
Yes		1,383,303	46.69%
No		1,579,549	53.31%

Results are officially certified.

Source

Overview

What would the measure have done?

See also: Text of measure

The measure would have required that any proposed rule projected to increase regulatory costs in the state by over $100,000 within five years of implementation be submitted to the Office of Economic Opportunity for review. The legislature, or any person who is regulated by an agency proposing a rule, could also have requested proposed rules to be sent to the Office of Economic Opportunity for review.

If the Office of Economic Opportunity found that a proposed rule would increase regulatory costs by more than $500,000 within five years, the rule could not have become effective unless ratified by the legislature through specific legislation.

The Office of Economic Opportunity would have been required to submit qualifying proposed rules to the Administrative Rules Oversight Committee at least thirty days before the next regular legislative session and would have needed to submit the proposals to the full legislature.

Any member of the legislature could have introduced legislation to ratify a proposed rule. Rules subject to this process would have been exempt from automatic adoption and would have required affirmative legislative approval before they could be finalized by the agency and filed with the Secretary of State. If the legislature did not enact legislation to ratify a proposed rule during the current legislative session, the agency would have had to terminate the rulemaking process by publishing a notice of termination in the official register.

The changes would not have applied to emergency rulemaking, when an agency makes a rule that it finds necessary as an emergency measure that is approved by the attorney general and filed with the secretary of state. The changes would also not have applied to the Arizona Corporation Commission, which is responsible for regulating public utilities.

How did this measure get on the ballot?

See also: Path to the ballot

The measure was introduced to the Arizona State Senate as Senate Concurrent Resolution 1012 (SCR 1012). On February 22, 2024, it passed the Senate by 16-13, with all 16 Republicans voting for the measure and 13 Democrats opposed. On June 12, 2024, SCR 1012 passed the House by 31-29, with all 31 Republicans voting for the measure and all 29 Democrats voting against the measure.

Text of measure

Ballot title

The official ballot title was as follows:

“

PROPOSITION 315 REFERRED TO THE PEOPLE BY THE LEGISLATURE RELATING TO RULEMAKING Official Title AMENDING TITLE 41, CHAPTER 6, ARTICLE 4.1. ARIZONA REVISED STATUTES, BY ADDING SECTION 41-1049; RELATING TO RULEMAKING. Descriptive Title ANY PROPOSED RULE ESTIMATED TO INCREASE REGULATORY COSTS BY MORE THAN $500,000 WITHIN FIVE YEARS AFTER IMPLEMENTATION SHALL NOT BECOME EFFECTIVE UNLESS THE LEGISLATURE ENACTS LEGISLATION RATIFYING THE PROPOSED RULE.

”

Ballot summary

The official ballot summary was as follows:

“

A "yes" vote shall have the effect of requiring state agencies to submit any proposed rule that is estimated to increase regulatory costs by more than $100,000 within five years after implementation to the Office of Economic Opportunity for review. If the Office of Economic Opportunity determines that the proposed rule is estimated to increase regulatory costs by more than $500,000 within five years after implementation, the proposed rule shall not become effective unless the legislature enacts legislation ratifying the proposed rule. The Corporation Commission and emergency rules are exempt from this act. A "no" vote shall have the effect of maintaining the current laws related to state agency rule making.

”

Full text

The full text of the ballot measure is available here.

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 13, and the FRE is 11. The word count for the ballot title is 57.

The FKGL for the ballot summary is grade level 16, and the FRE is 22. The word count for the ballot summary is 109.

Support

Ballotpedia did not locate a campaign in support of the ballot measure.

Supporters

Organizations

• Americans for Prosperity - Arizona

Arguments

• Stephen Shadegg, Arizona State Director, Americans for Prosperity: "This referral is about restoring the principles of representative democracy. It returns legislative powers to the legislature and, by extension, to The People of Arizona. Administrative rulemaking by unelected agency officials circumvents this principle, as the power to make laws should be with the legislature, elected by the people to serve the people. This referral will require the legislature to approve any regulatory costs of more than $100,000 within five years of implementation. Such regulations may not be implemented or adopted without the approval of the Arizona legislature. If the legislature does not approve the rule, it will be terminated. Returning these powers to the legislature will ensure that our voices are heard loud and clear and that our public servants are accountable for all decisions made. This referral will not hinder anyone from performing their duties or public safety; it simply prevents unilateral decisionmaking, a concept that is at the very core of representative democracy."

Opposition

Opponents

Officials

• Tucson Mayor Regina Romero (D)

Political Parties

• Arizona Working Families Party

Unions

• Arizona AFL-CIO

Organizations

• ACLU of Arizona
• Arizona Coalition for Working Families
• Arizona Public Health Association
• League of Women Voters of Arizona

Arguments

• Pinny Sheoran, President, League of Women Voters of Arizona: "The League of Women Voters of Arizona strongly opposes the proposition 315, which would give the legislature the power to interfere with the rule-making authority of the state’s regulatory agencies. This proposition would give the legislature the power to approve proposed rules that are estimated to increase the cost of regulation by specified dollar amounts. It undermines the autonomy of state agencies by shifting accountability for spending from the governor’s and state attorney’s offices to the legislature. State agencies need the authority to operate effectively based on their specific roles, responsibilities, and budgets. Furthermore, regulatory agencies have a level of subject matter expertise and familiarity with the regulatory environment lacking in the legislature. This attempt at legislative overreach will hamper the regulatory agencies’ ability to manage resources efficiently and address issues swiftly, ultimately impacting the quality of services provided to the public. The League of Women Voters of Arizona urges you to vote no."

Media editorials

See also: 2024 ballot measure media endorsements

Support

• The Las Vegas Review-Journal Editorial Board: "Unelected bureaucrats pose one of the biggest threats to personal freedom. Their weapon of choice is regulation. This November, voters in Arizona have a chance to disarm them. There is, of course, a need for regulation. But those decisions should largely be made by the legislative branch, not left to the whims of executive branch functionaries eager to expand their dominion. Arizona’s Proposition 315 finds that balance. If the cost of a regulation is small enough, it can go into effect immediately. If not, it needs legislative approval. This is an important step to restore the separation of powers. Nevada should follow suit."

Opposition

Ballotpedia did not identify any media editorials in opposition of Amendment 3. If you are aware of one, please send an email with a link to editor@ballotpedia.org.

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

Administrative State
Five Pillars of the Administrative State
•Agency control • Executive control • Judicial control •Legislative control • Public Control
Click here for more coverage of the administrative state on Ballotpedia.
Click here to access Ballotpedia's administrative state legislation tracker.

Process for rulemaking in Arizona

Rulemaking refers to the formal process by which Arizona state agencies adopt, amend, or repeal rules and document these changes, including filing them with the secretary of state and updating the Arizona Administrative Code. This process is primarily governed by the Administrative Procedure Act (APA), rules established by the Arizona Governor's Regulatory Review Council (GRRC), and guidelines from the secretary of state.

As of 2024, most agencies in Arizona must comply with the APA and follow the detailed rulemaking procedures outlined in A.R.S. § 41-1001 et seq., which typically include public notice, comment periods, and review by the GRRC. However, some agencies were legally exempt from the APA, meaning they are not required to obtain GRRC approval before filing final rules with the secretary of state. These exemptions are granted either by specific statutory authority or session law and can vary based on the nature of the agency or the specific rule in question.

Additionally, as of 2024, some rules may be exempt from the APA due to their content, emergency circumstances, or temporary status. Depending on the procedure selected by the agency, the type of agency, or any instructions provided by specific session laws, the rulemaking process can vary significantly.

REINS-style state laws

See also: REINS-style state laws

REINS-style state laws are state laws modeled after the federal Regulations from the Executive in Need of Scrutiny Act (REINS Act), designed to increase legislative oversight of administrative agency rulemaking by requiring legislative approval or review of proposed agency regulations with certain financial or economic impacts before the regulations become effective.

REINS-style state laws were effective in Wisconsin (2017), Florida (2010), Indiana (2024), and Kansas (2024) as of May 2024.

Path to the ballot

A simple majority vote is required during one legislative session for the Arizona State Legislature to place a state statute 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. Statutes do not require the governor's signature to be referred to the ballot.

The measure, SCR 1012, was introduced to the Arizona State Senate on January 23, 2024. It passed the Senate on February 22, 2024 by a 16-13 vote. It passed the House on June 12, 2024 by 31-29.

Vote in the Arizona State Senate February 22, 2024
Requirement:
Number of yes votes required: 16  a
	Yes	No	Not voting
Total	16	13	1
Total percent	53.3%	43.3%	3.3%
Democrat	0	13	1
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
• Administration of government 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

• SCR 1012

Footnotes

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