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Laws governing local ballot measures in Arizona

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Laws Governing Local Ballot Measures

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This page describes the state constitutional provisions and statutes that govern local ballot measures in Arizona. Jurisdictions often establish additional rules within the parameters of state law; those can be found in local ordinances and home-rule charters.

Explore the links below for more information:

Law

The Arizona Constitution and Title 19 of the Arizona Revised Statutes establish the rules that govern local ballot measures in the state.

General

The following outlines the general rules that govern local ballot measures in Arizona, including both citizen-initiated measures and referred measures from local government bodies.

  • Election timing:
    • Referred measures: Measures that would authorize a property tax to fund community colleges outside of a community college district must be placed on the ballot in an election on the first Tuesday following the first Monday in November.[1] A ballot question that would approve the creation of a franchise to operate a public utility can be placed on the ballot at a special election called for that purpose, or the next general election after the municipality receives the petition for the franchise.[2] Local bond measures must be placed on the ballot on the first Tuesday after the first Monday in November.[3] A measure to approve a proposed city charter must be submitted to voters for a vote between 20 and 30 days after it is published for public review.[4] Any ballot measure that would authorize a change to local secondary property taxes (which pay for bonded debt, special district taxes, and property tax overrides) must be placed on the ballot on the first Tuesday after the first Monday in November.[3] Any ballot measure that would authorize a change to a local sales or use tax must be placed on the ballot on the first Tuesday after the first Monday in November, in even-numbered years only.[3] Outside of the specified rules above, all referred measures must be placed on the ballot on one of four dates:[3]
      • The second Tuesday in March;
      • The third Tuesday in May;
      • The first Tuesday in August;
      • The first Tuesday after the first Monday in November.
    • Citizen-initiated measures: All initiated measures must be placed on the ballot on one of four dates:[3]
      • The second Tuesday in March;
      • The third Tuesday in May;
      • The first Tuesday in August;
      • The first Tuesday after the first Monday in November.
  • Vote requirements: Local ballot measures must be approved by a majority of voters in order to pass into law.[5]
  • Required ballot measures: Local government entities must receive voter approval before issuing a bond.[6] Cities and towns must hold a special election and receive voter approval before selling real property valued at more than $15 million.[7] A city or town must receive voter approval before granting an individual a franchise to operate a public utility.[2]
  • Ballot measure topic restrictions: According to the Arizona Constitution, no charter amendment can increase or establish a new service tax or fee. Additionally, the constitution requires that any local initiated measure address a single subject.

Initiatives

The following outlines the general rules that govern local citizen-initiated ballot measures in Arizona.

  • Authority: Article 4, Section 1 of the Arizona Constitution grants the citizens of every county and incorporated municipality the rights to initiative and referendum. Article 13, Section 2 of the constitution grants cities with more than 3,500 people the right to create a charter.
  • Deadlines:
    • Veto referendums: Petitions for veto referendums must be filed with the city or town clerk within 30 days of the passing of the ordinance.[8]
    • Citizen-initiated laws: The state has no specific deadline for how long before an election an initiated law must be submitted. Petitions for an initiated amendment to a municipal charter must be submitted to the city or town clerk at least 60 days before the election they are to be voted on. Municipal charter amendments may be on the ballot during special elections if the council orders one.[9]
  • Signatures: Signature requirements are outlined in Article 4, Section 1 of the state constitution, Arizona Revised Statutes 19-142, and 19-143.
    • Veto referendums: Petitions for veto referendums of municipal and county measures must be signed by 15% of voters active in the last mayoral or county council election.[8]
    • Citizen-initiated laws: State law states that petitions for initiated municipal and county measures must be signed by 10% of voters active in the last mayoral or county council election.[9] However, charter governments have the power to alter that requirement.[9]

Referrals

The following outlines additional rules that govern local referred ballot measures in Arizona.

  • Authority: A municipality is authorized to place a measure that would implement or alter a tax or fee on the ballot.[10] If a county is not in an organized community college district, it can place a measure on the ballot that would levy a property tax for the purpose of community college funding.[1]
  • Deadlines: According to Article 13 of the Arizona Constitution, an election for a municipal charter must be held between 61 and 71 days of the completion of the proposed charter by the charter commission.

Laws governing local ballot measures in the U.S.

Laws governing local ballot measures in the United States

As state laws govern ballot measures, the rules are different from state to state. Click on a state below to explore that state's laws on local ballot measures.

http://ballotpedia.org/Laws_governing_local_ballot_measures_in_STATE

External links

See also

Footnotes