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Arizona Proposition 103, English as Official State Language Amendment (2006)
| Arizona Proposition 103 | |
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| Election date |
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| Topic English language policy |
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| Status |
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| Type Legislatively referred constitutional amendment |
Origin |
Arizona Proposition 103 was on the ballot as a legislatively referred constitutional amendment in Arizona on November 7, 2006. It was approved.
A "yes" vote supported this constitutional amendment to:
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A "no" vote opposed this constitutional amendment to designate English as the official language of Arizona; require government representatives to protect and promote English in official functions while allowing unofficial multilingual communication; prohibit discrimination against individuals for using English in public or private communication; and allow for state residents to enforce the language requirement in court. |
Election results
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Arizona Proposition 103 |
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| Result | Votes | Percentage | ||
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1,114,273 | 74.00% | ||
| No | 391,497 | 26.00% | ||
Text of measure
Ballot title
The ballot title for Proposition 103 was as follows:
| “ | PROPOSING AN AMENDMENT TO THE CONSTITUTION OF ARIZONA; REPEALING ARTICLE XXVIII, CONSTITUTION OF ARIZONA; AMENDING THE CONSTITUTION OF ARIZONA BY ADDING A NEW ARTICLE XXVIII; RELATING TO ENGLISH AS THE OFFICIAL LANGUAGE. | ” |
Ballot summary
The ballot summary for this measure was:
| “ | REPLACES CURRENT PROVISIONS OF THE ARIZONA CONSTITUTION REGARDING ENGLISH AS ARIZONA'S OFFICIAL LANGUAGE; REQUIRES GOVERNMENT TO PRESERVE, PROTECT, AND ENHANCE ENGLISH AS THE OFFICIAL LANGUAGE; REQUIRES OFFICIAL ACTIONS TO BE CONDUCTED IN ENGLISH; SPECIFIES WHEN GOVERNMENT CAN ACT IN OTHER LANGUAGES; PERMITS PRIVATE LAWSUITS TO ENFORCE THE THIS LAW. | ” |
Full Text
The full text of this measure is available here.
Constitutional changes
- See also: Article XXVIII, Arizona Constitution
The ballot measure repealed and replaced Article XXVIII of the Arizona Constitution. The following underlined text was added and struck-through text was deleted:[1]
Note: Hover over the text and scroll to see the full text.
ARTICLE XXVIII. ENGLISH AS THE OFFICIAL LANGUAGE
Section 1. Definitions
(1) In this article, unless the context otherwise requires:
1. "Government" includes all laws, public proceedings, rules, publications, orders, actions, programs, policies, departments, boards, agencies, organizations and instrumentalities of this state or political subdivisions of this state, as appropriate under the circumstances to a particular official action.
2. "Official action" includes the performance of any function or action on behalf of this state or a political subdivision of this state or required by state law that appears to present the views, position or imprimatur of the state or political subdivision or that binds or commits the state or political subdivision, but does not include:
(a) The teaching of or the encouragement of learning languages other than English.
(b) Actions required under the federal individuals with disabilities education act or other federal laws.
(c) Actions, documents or policies necessary for tourism, commerce or international trade.
(d) Actions or documents that protect the public health and safety, including law enforcement and emergency services.
(e) Actions that protect the rights of victims of crimes or criminal defendants.
(f) Using terms of art or phrases from languages other than English.
(g) Using or preserving Native American languages.
(h) Providing assistance to hearing impaired or illiterate persons.
(i) Informal and nonbinding translations or communications among or between representatives of government and other persons if this activity does not affect or impair supervision, management, conduct or execution of official actions and if the representatives of government make clear that these translations or communications are unofficial and are not binding on this state or a political subdivision of this state.
(j) Actions necessary to preserve the right to petition for the redress of grievances.
3. "Preserve, protect and enhance the role of English" includes:
(a)Avoiding any official actions that ignore, harm or diminish the role of English as the language of government.
(b) Protecting the rights of persons in this state who use English.
(c) Encouraging greater opportunities for individuals to learn the English language.
(d) To the greatest extent possible under federal statute, providing services, programs, publications, documents and materials in English.
4. "Representatives of government" includes all individuals or entities during the performance of the individual's or entity's official actions.
Section 2. Official Language of Arizona.
The official language of the state of Arizona is English.
Section 3. Preserving and Enhancing the Role of the Official Language; Right to Use English.
A. Representatives of government in this state shall preserve, protect and enhance the role of English as the official language of the government of Arizona.
B. A person shall not be discriminated against or penalized in any way because the person uses or attempts to use English in public or private communication.
Section 4. Official Actions to Be Conducted in English.
Official actions shall be conducted in English.
Section 5. Rules of Construction.
This article shall not be construed to prohibit any representative of government, including a member of the legislature, while performing official duties, from communicating unofficially through any medium with another person in a language other than English if official action is conducted in English.
Section 6. Standing; Notification of Attorney General; Recovery of Costs.
A. A person who resides or does business in this state may file a civil action for relief from any official action that violates this article in a manner that causes injury to the person.
B. A person who resides or does business in this state and who contends that this article is not being implemented or enforced may file a civil action to determine if the failure or inaction complained of is a violation of this article and for injunctive or mandatory relief.
C. A person shall not file an action under this section unless the person has notified the attorney general of the alleged violation and the attorney general or other appropriate representative of government has not provided appropriate relief within a reasonable time under the circumstances. An action filed under this section may be in addition to or in lieu of any action by officers of this state, including the attorney general.
D. A person who files and is successful in an action under this section may be awarded all costs expended or incurred in the action, including reasonable attorney fees.
ARTICLE XXVIII. ENGLISH AS THE OFFICIAL LANGUAGE.
1. English as the Official Language; Applicability.
Section 1. (1) The English language is the official language of the State of Arizona.
(2) As the official language of this State, the English language is the language of the ballot, the public schools and all government functions and actions.
(3)(a) This Article applies to:
(i) the legislative, executive and judicial branches of government
(ii) all political subdivisions, departments, agencies, organizations, and instrumentalities of this State, including local governments and municipalities,
(iii) all statutes, ordinances, rules, orders, programs and policies.
(iv) all government officials and employees during the performance of government business.
(b) As used in this Article, the phrase “This State and all political subdivisions of this State” shall include every entity, person, action or item described in this Section, as appropriate to the circumstances.
2. Requiring This State to Preserve, Protect and Enhance English.
Section 2. This State and all political subdivisions of this State shall take all reasonable steps to preserve, protect and enhance the role of the English language as the official language of the State of Arizona.
3. Prohibiting This State from Using or Requiring the Use of Languages Other Than English; Exceptions.
Section 3. (1) Except as provided in Subsection (2);
(a) This State and all political subdivisions of this State shall act in English and in no other language.
(b) No entity to which this Article applies shall make or enforce a law, order, decree or policy which requires the use of a language other than English.
(c) No governmental document shall be valid, effective or enforceable unless it is in the English language.
(2) This State and all political subdivisions of this State may act in a language other than English under any of the following circumstances:
(a) to assist students who are not proficient in the English language, to the extent necessary to comply with federal law, by giving educational instruction in a language other than English to provide as rapid as possible a transition to English.
(b) to comply with other federal laws.
(c) to teach a student a foreign language as a part of a required or voluntary educational curriculum.
(d) to protect public health or safety,
(e) to protect the rights of criminal defendants or victims of crime.
4. Enforcement; Standing.
Section 4. A person who resides in or does business in this State shall have standing to bring suit to enforce this Article in a court of record of the State. The Legislature may enact reasonable limitations on the time and manner of bringing suit under this subsection.[2]
Background
Arizona Proposition 106 (1988)
In 1988, voters approved a citizen-initiated constitutional amendment, Proposition 106. The ballot initiative designated English as the official language of Arizona and required governmental actions, functions, and documents to be conducted in English, with exceptions. The Arizona Supreme Court ruled that Proposition 106 violated the U.S. Constitution in 1998.
Ruiz v. Hull (1998)
The Arizona Supreme Court ruled that Proposition 106 violated the First Amendment and Fourteenth Amendment of the U.S. Constitution on April 28, 1998, rendering the citizen-initiated constitutional amendment inoperative. The ruling was unanimous.[3]
Justice James Moeller wrote the court's opinion, which said, "The Amendment is not content-neutral; rather, it constitutes a sweeping injunction against speech in any language other than English. The Amendment unconstitutionally infringes upon multiple First Amendment interests—those of the public, of public employees, and of elected officials. The Amendment adversely affects non-English speaking persons and impinges on their ability to seek and obtain information and services from government. Because the Amendment chills First Amendment rights that government is not otherwise entitled to proscribe, it violates the Equal Protection Clause of the Fourteenth Amendment. The Amendment's constitutional infirmity cannot be salvaged by invoking the doctrine of severability."[3]
The following is a list of state ballot measures to designate English as an official state language:
Path to the ballot
- See also: Amending the Arizona Constitution
A simple majority vote was needed in each chamber of the Arizona State Legislature to refer the constitutional amendment to the ballot for voter consideration.
See also
External links
Footnotes
- ↑ State of Arizona Research Library, "2006 State of Arizona initiative and referendum publicity pamphlet, general election," accessed February 28, 2025
- ↑ Note: This text is quoted verbatim from the original source.
- ↑ 3.0 3.1 Arizona Supreme Court, "Ruiz v. Hull," April 28, 1998
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