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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
initiative; referendum; signatures; legislative districts
Purpose
Subject to voter approval, constitutionally requires signatures from a certain percentage of qualified electors in each legislative district, rather than in the state as a whole, to propose an amendment to the Arizona Constitution or to propose a statewide initiative or referendum.
Background
The Arizona Constitution grants the people the power to: 1) propose laws and constitutional amendments; 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. The initiative power allows 10 percent of the qualified electors in the state to propose a measure and 15 percent of the qualified electors in the state to propose a constitutional amendment. Additionally, the referendum power allows 5 percent of the qualified electors in the state to refer any measure, item, section or part of a measure enacted by the Legislature to the ballot. An initiative and referendum measure becomes law when approved by a majority of votes cast in an election and upon proclamation of the Governor.
In order for an initiative to be proposed, a sufficient number of qualified electors must sign initiative petitions meeting statutory and constitutional requirements. All initiative and referendum petitions must be filed with the Secretary of State (SOS) at least four months prior to the election (Ariz. Const. art. 4, pt. 1, § 1). Every qualified elector signing a petition must do so in the presence of the person who is circulating the petition (A.R.S. § 19-112). After signature verification by the county recorder, the SOS must determine the total number of valid signatures. If the number of valid signatures equals or exceeds the minimum number required, the SOS must notify the Governor that a sufficient number of signatures have been filed and that the measure must be placed on the ballot (A.R.S. § 19-121.04).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires statewide initiative petitions to be signed by:
a) 10 percent of the qualified electors from each legislative district, rather than 10 percent of the qualified electors from the state as a whole, to propose any statewide measure; and
b) 15 percent of the qualified electors from each legislative district, rather than 15 percent of the qualified electors from the state as a whole, to propose any constitutional amendment.
2. Requires statewide referendum petitions to be signed by five percent of the qualified electors in each legislative district, rather than five percent of the qualified electors in the state as a whole, to propose a statewide referendum.
3. Requires the affidavit of the person circulating an initiative signature sheet or referendum signature sheet to set forth that in the belief of the affiant each signer of a statewide initiative measure is a qualified elector of the appropriate legislative district.
4. Makes technical and conforming changes.
5. Requires the Secretary of State to submit the proposition to the voters at the next general election.
6. Becomes effective if approved by the voters and on proclamation of the Governor.
Prepared by Senate Research
January 30, 2023
AN/CS/slp