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Arizona Limit Local Tax Rate on Groceries to 2% of Base Price and Require Voter Approval to Increase Tax Rate Measure (2026)
Arizona Limit Local Tax Rate on Groceries to 2% of Base Price and Require Voter Approval to Increase Tax Rate Measure | |
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Election date |
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Topic Ballot measure process and Food and beverage taxes |
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Status On the ballot |
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Type Legislatively referred state statute |
Origin |
The Arizona Limit Local Tax Rate on Groceries to 2% of Base Price and Require Voter Approval to Increase Tax Rate Measure is on the ballot in Arizona as a legislatively referred state statute on November 3, 2026.
A "yes" vote supports prohibiting local governments from imposing or increasing a tax on the sale of groceries without voter approval and capping the tax rate at 2%. |
A "no" vote opposes prohibiting local governments from imposing or increasing a tax on the sale of groceries without voter approval and capping the tax rate at 2%. |
Overview
What would the ballot measure do?
- See also: Measure design
If adopted by voters, the ballot measure would do two things.[1] First, it would stop cities or local tax jurisdictions from increasing the sales tax on groceries above 2% of the base price. For cities or local tax jurisdictions where the tax rate is already above 2%, the tax rate would not be abolished or decreased, but the tax rate could never increase. Second, it would require that any city or local tax jurisdiction seeking to increase the sales tax on groceries receive voter approval before the tax increase goes into effect. The highest that a sales tax could be raised to is 2%, regardless of voter approval.
The ballot measure does not affect the ability of the state government to levy taxes on groceries. As of 2025, the state of Arizona does not levy a sales or use tax on groceries.[2]
What are considered groceries for the purpose of this measure?
For purposes of this ballot measure, the bill references "food items intended for human consumption."[1] This is defined in Arizona code Sections 42-5101 and 42-5106. It excludes food served and sold in restaurants and food that is sold to be eaten immediately, such as hot food sold at a grocery store and food sold in a drive-through. An Arizona Department of Revenue guide lists examples of food that would be considered groceries under this measure:[3]
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Measure design
Below are the different provisions of House Concurrent Resolution 2021.[1]
Food items intended for human consumption
The bill references "food items intended for human consumption."[1] This is defined in Arizona code Sections 42-5101 and 42-5106.[5][6] It includes all food intended for home consumption and excludes food served to be eaten immediately. Examples of food excluded from is food served in a restaurant or a drive-through. Food sold with eating utensils is also excluded from this definition.
Jurisdictions without a sales tax on food
In order for any city or local tax jurisdiction to adopt or subsequently increase the tax rate in the future, it would need to be approved by voters in an election and can not be more than 2% of the base price. No city or jurisdiction would be able to create or increase the tax rate between July 1, 2025 and June 30, 2027.
Jurisdictions with a sales tax on food
For cities or local tax jurisdictions where the tax rate is 2% of the base price or less, any increase of the tax rate would need to be approved by voters. They would not be able to increase the tax rate above 2%. No city or municipal government would be able to increase the tax or fee rate until after June 30, 2027.
A city or local tax jurisdiction with a tax rate higher than 2% as of January 1, 2025, would not be able to increase the tax rate, even with voter approval. The tax rate would not be abolished or decreased, but it would remain the same as it was on January 1, 2025.
Text of measure
Full text
The full text of the ballot measure is below:[7]
Support
Supporters
Officials
- State Rep. Leo Biasiucci (R)
Arguments
Opposition
Opponents
Organizations
Arguments
Campaign finance
- See also: Ballot measure campaign finance, 2026
Ballotpedia has not found any campaigns that have registered in support or opposition to this ballot measure.[8] If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.
Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
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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
Senate Bill 1063 (2023)
A similar measure was introduced to the state legislature in 2023. On January 18, 2023, state Sen. Sonny Borrelli (R-30) introduced Senate Bill 1063 (SB 1063) to the Arizona State Legislature. The wording of the bill was almost identical to the initial version of HCR 2021 introduced by Rep. Leo Biasiucci (R-30).[9] It would have prohibited all local or city taxation of groceries or food intended for home consumption.[10] For more information on the different versions of HCR 2021 and the progression of HCR 2021 in the Arizona State Legislature, click here.
On February 27, 2023, the state Senate passed the bill in a 16-13 vote with one member not voting. On March 22, 2023, the state House passed the bill in a 31-29 vote. However, on March 28, 2023, Gov. Katie Hobbs (D) vetoed the bill, and it did not become law.[11]
Senate Bill 1063 Vote | Senate | House | ||||
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Yes | No | NV | Yes | No | NV | |
Total | 16 | 13 | 1 | 31 | 29 | 0 |
Democratic (D) | 0 | 13 | 1 | 0 | 29 | 0 |
Republican (R) | 16 | 0 | 0 | 31 | 0 | 0 |
Sales tax on groceries in Arizona
In Arizona, groceries are exempt from state-level sales tax.[12] Any sales or use tax levied on food is at the local or city level. Of the 91 incorporated cities in Arizona, 70 levy a sales tax on groceries.[13] Phoenix, Tucson, and Mesa, the three largest cities in Arizona by population, do not impose a sales tax on groceries.[2] According to the Center on Budget and Policy Priorities, Arizona is one of seven states that does not levy a statewide tax on groceries but cities or other local tax jurisdictions do.[14]
Proposition 300 (1974)
In 1974, Arizona voters decided on a different measure that concerned the prohibition of sales taxes on groceries. Voters decided a Proposition 300, which would have prohibited both the state and local tax jurisdictions from imposing a sales or use tax on groceries. Voters defeated the measure, with 54.6% voting no.
While Proposition 300 did not pass, the state legislature passed a statute in 1980 that exempted the sale of groceries from state's sales tax.[15][16]
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.
House Concurrent Resolution 2021 (2025)
The measure, HCR 2021, was introduced by state Rep. Leo Biasiucci (R-30) to the Arizona House of Representatives on January 27, 2025.[17] The original version of the bill would have prohibited all local and city taxation of groceries.[9][18] The state House passed HCR 2021 with amendments on March 4, 2025, by a 37-21 vote, with two representatives not voting.[17] The amendments to the bill added the tax rate limit of 2% of the base price, as well as the requirement that any increases to the sales and use tax rate on groceries be approved by voters.[1] The state Senate passed the amended version of HCR 2021 on June 20, 2025, in a vote of 23-5, with two senators not voting.[17] The amended version is the version that will be placed on the 2026 ballot for voters to decide.
Votes Required to Pass: 31 | |||
Yes | No | NV | |
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Total | 37 | 21 | 2 |
Total % | 61.6% | 35.0% | 3.4% |
Democratic (D) | 5 | 21 | 1 |
Republican (R) | 32 | 0 | 1 |
Votes Required to Pass: 16 | |||
Yes | No | NV | |
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Total | 23 | 5 | 2 |
Total % | 76.7% | 1.7% | 6.6% |
Democratic (D) | 7 | 5 | 1 |
Republican (R) | 16 | 0 | 1 |
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.
See also
View other measures certified for the 2026 ballot across the U.S. and in Arizona.
Explore Arizona's ballot measure history, including legislatively referred ballot measures.
Understand how measures are placed on the ballot and the rules that apply.
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 Arizona State Legislature, "House Concurrent Resolution 2021," accessed July 7, 2025
- ↑ 2.0 2.1 Tax Jar, "Is food taxable in Arizona?" accessed July 8, 2025
- ↑ Arizona Department of Revenue, "Tax Exempt Food," accessed July 9, 2025
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Arizona State Legislature, "42-5101," accessed July 8, 2025
- ↑ Arizona State Legislature, "42-5106," accessed July 8, 2025
- ↑ Arizona State Legislature, "House Concurrent Resolution 2021," accessed July 7, 2025
- ↑ See the Money Arizona, "Ballot Measures," accessed July 2, 2025
- ↑ 9.0 9.1 Arizona State Legislature, "HCR 2021 Introduced Text," accessed July 9, 2025
- ↑ Arizona State Legislature, "Senate Bill 1063 Text," accessed July 9, 2025
- ↑ Tuscon.com, "Arizona bill banning tax on groceries goes to Gov. Hobbs," accessed July 9, 2025
- ↑ Numeral, "Arizona Sales tax at a glance," accessed July 9, 2025
- ↑ Arizona Capitol Times, "Compromise in the works on banning tax on food," accessed July 9, 2025
- ↑ Center on Budget and Policy Priorities, "States That Still Impose Sales Taxes on Groceries Should Consider Reducing or Eliminating Them," accessed July 9, 2025
- ↑ AZ Central, "Shoppers could save money on groceries if food tax ban passes. Here's why cities aren't sold," accessed July 9, 2025
- ↑ Arizona State Legislature, "42-5102. Tax exemption for sales of food; nonexempt sales," accessed July 9, 2025
- ↑ 17.0 17.1 17.2 Arizona State Legislature, "Overview of House Concurrent Resolution 2021," accessed June 20, 2025
- ↑ This version of the bill was nearly identical to SB 1063, which was vetoed by Gov. Hobbs in 2023.
- ↑ Arizona Revised Statutes, "Title 16, Section 565," accessed July 18, 2024
- ↑ Arizona generally observes Mountain Standard Time; however, the Navajo Nation observes daylight saving time. Because of this, Mountain Daylight Time is sometimes observed in Arizona.
- ↑ 21.0 21.1 21.2 Arizona Secretary of State, "Voters," accessed July 18, 2024
- ↑ Arizona Secretary of State, "Arizona Voter Registration Instructions," accessed July 18, 2024
- ↑ Supreme Court of the United States, "No. 24A164," accessed August 22, 2024
- ↑ The Washington Post, "Supreme Court allows Arizona voter-registration law requiring proof of citizenship," August 22, 2024
- ↑ Bloomberg Law, "Supreme Court Partly Restores Voter Proof-of-Citizenship Law ," August 22, 2024
- ↑ Reuters, "US Supreme Court partly revives Arizona's proof of citizenship voter law," August 22, 2024
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ ArizonaElections.gov, "What ID Do I Need to Vote Quiz," accessed March 14, 2023
- ↑ Arizona State Legislature, “Arizona Revised Statutes 16-579,” accessed July 19, 2024