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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
initiatives; single subject; title
Purpose
Subject to voter approval, constitutionally requires initiative measures to be limited to a single subject.
Background
The powers of initiatives are set forth in the Arizona Constitution, which states in part: "[T]he people reserve the power to propose laws and amendments to the constitution and to enact or reject such laws and amendments at the polls, independently of the legislature; and they also reserve, for use at their own option, the power to approve or reject at the polls any act, or item, section, or part of any act, of the legislature" (Ariz. Const. art. 4, pt. 1, § 1).
Under the Arizona Constitution, 10 percent of the qualified electors have the right to propose any legislative measure and 15 percent of the qualified electors have the right to propose any amendment to the Arizona Constitution. The number of qualified electors is equal to the total number of votes cast for all candidates for Governor at the general election preceding the filing of the initiative petition (Ariz. Const. art. 4, pt. 1, § 1(7)).
Article IV of the Arizona Constitution contains what is referred to as the Single Subject Rule. The Single Subject Rule provides that, "every act shall embrace but one subject and matters properly connected therewith, which subject shall be expressed in the title; but if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be embraced in the title" (Ariz. Const. art. 4, pt. 2, § 13). The Arizona Supreme Court held that the term act does not address initiatives and only applies to acts by the Legislature (Arizona Chamber of Commerce & Indus. v. Kiley, 242 Ariz. 533 (2017)). H.C.R. 2032 would apply the Single Subject Rule to initiatives.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires initiative measures to contain only one subject and for that subject to be expressed in the title of the initiative.
2. Stipulates that an initiative measure will only be void as to a subject matter not contained in the initiative title.
3. Makes technical changes.
4. Requires the Secretary of State to submit the proposition to the voters at the next general election.
5. Becomes effective if approved by the voters and on proclamation of the Governor.
House Action
ELECT 2/18/20 DP 6-4-0-0
3rd Read 2/26/20 31-28-1
Prepared by Senate Research
March 10, 2020
JA/kja