ARIZONA HOUSE OF REPRESENTATIVES

HCR 2008: initiatives; conflicting federal law; preemption

PRIME SPONSOR: Representative Leach, LD 11

BILL STATUS: Federalism, Property Rights & Public Policy

Abstract

Relating to initiatives preempted by or in conflict with federal law.

Provisions

1. Requires the AG to determine whether an initiative measure is preempted by or conflicts with federal law at any time after the initiative petition is circulated and before the measure is certified for printing on the ballot. (Sec. 1)

2. Stipulates that if the AG determines the initiative measure is preempted by or conflicts with federal law, the AG must notify the SOS that the initiative measure is disqualified from and may not appear on the ballot. (Sec. 1)

3. Directs the SOS to submit this proposition to the voters at the next general election. (Sec. 2)

Current Law

The Arizona Constitution permits 10% of the qualified electors to propose any measure and 15% to propose any amendment to the Constitution at a general election. (Arizona Constitution, Article IV, part 1, § 1).  All petitions submitted under the power of initiative must be filed with the SOS at least four months before the date of the election that contains the measure or amendment (AZ Constitution, Article XXI, § 1).  If the number of signatures on the initiative sheets equal or exceed the minimum number required, the SOS must issue a receipt to the person or organization that filed them.  The Governor must be notified that a sufficient number of signatures has been filed and that the initiative or referendum will be placed on the ballot (A.R.S. § 19-121.04). 

At any time after a person or organization submits an application for an initiative petition, a political committee that intends to support or oppose the measure may submit the text of the proposed law or amendment to the Director of Legislative Council. Within 30 days of receipt,
Legislative Council staff must review the measure and limit its consideration to errors in drafting, confusing or inconsistent provisions and conflicts with other state or federal laws and may prepare recommendations to improve the text of the proposed measure.  The person or organization proposing the initiative may accept, modify or reject any recommendations made by Legislative Council (A.R.S. § 19-111.01). 

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Fifty-third Legislature                  HCR 2008

Second Regular Session                               Version 1: Federalism, Property Rights & Public Policy

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