Assigned to
ELEC FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
constitutional amendments; sixty percent approval
Purpose
Subject to voter approval, constitutionally requires 60 percent of voters at a statewide election, rather than a majority of voters, to approve an initiative or referendum that amends the Arizona Constitution.
Background
The Arizona Constitution grants the people the power to: 1) propose laws and amendments to the Constitution; 2) enact or reject laws and amendments at the polls, independent of the Legislature; and 3) approve or reject any item, section or part of any act of the Legislature at the polls. Amendments to the Arizona Constitution may be proposed in either legislative chamber or by initiative power. The initiative power requires 15 percent of qualified electors to propose an amendment to the Arizona Constitution. When a proposed amendment is approved by a majority of each legislative chamber or when an initiative petition is filed with the Secretary of State, the Secretary of State must submit the proposed amendment to a vote of the people at the next general election. Any initiative measure or referendum becomes law when approved by a majority of votes cast and upon proclamation of the Governor (Ariz. Const. art. 4, pt. 1, § 1 and art. 21 §1).
In 1998, the Voter Protection Act (Proposition 105) prohibited the Legislature from repealing or amending an initiative or referendum, diverting funds created by an initiative or referendum or adopting any measure that supersedes an initiative or referendum, unless the repeal, amendment, diversion or superseding measure furthers the purpose of the initiative or referendum and is approved by at least three-fourths of the members of each legislative chamber (Proposition 105).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Increases, from a majority of votes cast in an election to 60 percent of the votes cast in an election, the percentage of votes required for an initiative or referendum that approves an amendment to the Arizona Constitution to be approved by the voters.
2. Makes technical and conforming changes.
3. Requires the Secretary of State to submit the proposition to the voters at the next general election.
4. Becomes effective if approved by the voters and on proclamation of the Governor.
Prepared by Senate Research
January 19, 2023
AN/CS/slp