Laws governing the initiative process in Arizona
From Ballotpedia
Deadlines
Initiative language can be submitted to the state any time after even-year general elections. The next gubernatorial election is in 2010. To qualify an initiative for the November 2010 general election ballot, signatures must be submitted by July 1, 2010.
Signatures
- Main article: Arizona signature requirements
The number of signatures required to qualify an initiative for the ballot is tied to the number of votes cast for the office of Arizona governor in the most recent gubernatorial election. The number of signatures to qualify a statute is 10% of votes cast for governor (153,365 signatures required for 2010) and 15% to qualify a constitutional amendment (230,047 signatures required for 2010). Once the signatures are submitted, they are validated via random sampling by the Arizona Secretary of State. This process usually takes about a month.
Circulation period
Two years or less, or rather between 2006 and 2008. See petition drive deadlines in 2008.
Legislative tampering
- Main article: Legislative tampering
In Arizona, the legislature cannot repeal an initiative. However, they can amend an initiative if amending legislation furthers the purposes of such measure and three fourths of the members of each house vote to amend it.
Residency requirements
- Main article: Residency requirements for petition circulators
Arizona's residency requirement was struck down by the 9th Circuit Court of Appeals in July of 2008 in the case Nader v. Brewer. The court ruled that the restriction violated the First Amendment. On March 9, 2009 the U.S. Supreme Court denied the state's appeal in that case.
Circulator misrepresentation a crime
HB 2288 was enacted in May 2008. It makes it a Class I misdemeanour for circulators to "falsely describ(e) the general subject matter of the measure" in the course of asking people to sign a petition to put it on the ballot.
Distribution requirement
There is no distribution requirement in Arizona.
Form of Petition
Petitions must contain the full text of the initiative, along with a displayed serial number, which is given to them when filed with the Secretary of State.
Single-subject rule
Arizona has a single subject requirement.
Language and certification process
Proponents must file their application with the full text on the proposed initiative along with a Statement of Organization (to comply with Campaign Finance Regulations) in order to begin circulating. At this point, the Arizona Secretary of State does not have to review or approve the language of the ballot, only file it. When proponents turn in the signatures, the signatures are checked. Not until the signatures are certified does the Secretary of State determine how the initiative will be described on the ballot. If the proponents disagree with what the Secretary of State decides to place on the ballot as a description and summary of their measure, they have little recourse except to file a lawsuit. In Arizona, in order to challenge the Secretary of State's ballot title and summary, one must establish that the Secretary of State was "grossly derelict" in his or her duty. The ballot title and summary are then forwarded to the Arizona Attorney General for final approval.
The 60 days preceding the regular primary election are when a person may file with the Secretary of State an argument advocating or opposing the measure or constitutional amendment. No later than sixty days preceding the regular primary the Legislative Council shall prepare and file with the Secretary of State an impartial analysis on the provisions of each ballot proposal of a measure or proposed amendment. This report shall include background information, effects of the measure on existing law, or any legislative enactment suspended by referendum.
After certification, the Secretary of State will hold at least 3 public hearings on the ballot measures. Hearings must be held in 3 different counties and must provide an opportunity for proponents, opponents and the general public to provide testimony and request information about the ballot. (3)
Proposed reforms
The Arizona Reform the Initiative Process Amendment (2010) has been proposed as a reform of Arizona's laws. Its provisions if enacted would:
- Ban signature-gatherers from getting paid by signature or page.
- Require gatherers to register with the Secretary of State's Office.
- Fine those who fail to register.
- Reduce the number of total signatures that need to be gathered for an initiative to reach the ballot. (See Arizona signature requirements.)
- Move up the petition filing deadline by about two months.
- Require people or groups organizing a citizens initiative to submit a copy of the proposed text to the Legislature as well as to the secretary of state.
- Say the Legislature will hold a public hearing on the proposal and hear testimony, but for informational purposes only.
- Allow legislative staffers to propose text or draft suggestions to "improve" a proposal. The organizers have the right to reject the suggestions.
- Give the legislative staff the authority to establish the official name of a ballot measure in an effort to avoid misleading ballot titles.
- Allow about an extra month for challenges to be made against the initiative filing before it qualifies for the ballot.
- Increase the number of signatures that the secretary of state must randomly verify from 5 percent to 10 percent of the total submitted.
- Move up the date to file arguments for or against an initiative or referendum.
Initiative & Referendum Law
- Arizona Initiative and Referendum Law
- Removal and Recall of Public Officers from Office
- Public Debt, Revenue, and Taxation
- Mode of Amending
- Schedule and Miscellaneous
- Withdrawal of Petition Signatures
- Form of Petitions
- Circulation of Petitions and Signatures
- Filing of Petition and Election Initiative and Referendum in Cities, Towns and Counties
- Recall and Advisory Recall
- Recall of Congress Members
- Recall of District Judges
External links
- Arizona's description of its I&R laws
- National Conference of State Legislatures
- Election Result
- Basic steps to I&R
- Initiative, Referendum and Recall Handbook
- Application for Initiative and Referendum Petition
- Instructions from the Secretary of State on exactly how to prepare the printed petitions
- Instructions from the Secretary of State on Submitting Arguments for or Against Ballot Measures
