State Democracy Research Initiative
University of Wisconsin Law School

ARIZONA

Posted on

Outline of Arizona

Arizona has statutory and constitutional initiatives, veto referendums, and legislatively referred amendments. Arizona ballot measures to approve a tax must receive 60% of votes in order to be adopted. The Arizona legislature has the power to call a special election for a vote on a proposed constitutional amendment, regardless of whether the amendment is proposed via initiative or by the legislature. It is the Secretary of State, however, that drafts ballot language and compiles a voter information pamphlet, with input from the Legislative Council. Arizona law specifies that people using the initiative and veto referendum processes must strictly comply with all process requirements and allows any person to legally challenge a measure based on a lack of strict compliance.

BACKGROUND INFORMATION

What forms of direct democracy are available, and when?

Statewide Ballot Measures in Arizona

Arizona has statutory and constitutional initiatives, veto referendums, as well as legislatively referred amendments. Arizona ballot measures to approve a tax must receive 60% of votes in order to be adopted. Ariz. Const. art. XXI, § 1; art. IV, pt. 1, §§ 1(5)–(6), (13)–(14).

√ Initiatives – Statutory

√ Initiatives – Constitutional

The people of Arizona have reserved the initiative power to propose and enact laws and/or constitutional amendments independently of the legislature. Ariz. Const. art. IV, pt. 1, § 1(1)-(2).

√ Veto Referendums

Arizonans have the referendum power to require that any law (or any part of any law) passed by the legislature be put to a popular vote, except for certain emergency laws passed with a legislative supermajority. Ariz. Const. art. IV, pt. 1, § 1(1), (3).

√ Legislatively Referred Amendments

An amendment to the state constitution proposed by the legislature must be approved by Arizona voters. Ariz. Const. art. XXI, § 1.

Election Timing

The timing of an election on a ballot measure can vary depending on the form of direct democracy. For proposed constitutional amendments, the legislature may call a special election, regardless of how the amendment is proposed.

  • An initiative or veto referendum must generally be submitted to voters at the next general election. See Const. art. IV, pt. 1, § 1(10).
    • However, for constitutional initiative, the legislature may order a special election. See Const. art. XXI, § 1, Ariz. Rev. Stat. § 19-124(B).
  • A legislatively referred amendment is submitted to voters after it is approved by a majority of all members elected to each house of the legislature. Const. art. XXI, § 1. It is submitted at the next general election unless the legislature calls a special election. Id.; Ariz. Rev. Stat. § 19-124(B).

BALLOT PREPARATION

What is included on the ballot, and who prepares it?

The ballot for a state ballot measure must include the following.

  • Descriptive title summarizing the measure’s principal provisions (50 words or less). Rev. Stat. § 19-125(D).
    • The title is prepared by the Secretary of State and approved by the Attorney General.
    • The title must include two brief phrases to complete form language on the effect of a “yes” and “no” vote, which must describe the essential change in existing law resulting from each. Alternatively, the ballot may include the full text of the proposition. See Rev. Stat. § 19-125(D), (F).
  • (For initiatives or veto referendums only) A warning notice that the measure cannot be changed in the future if approved on the ballot, except by a 3/4 vote of members of each house of the legislature, by initiative petition, or by referendum. § 19-125(E)-(F).

INFORMATION TO VOTERS

What information is provided to voters before the election, and how?

Publication

  • Arizona law does not generally require that information about ballot measures be published in a newspaper or similar media.
    • For initiatives only, once an initiative qualifies for the ballot, the Secretary of State is charged with holding three public meetings/hearings on the measure, in at least three different counties. The hearings must provide an opportunity for proponents, opponents, and the general public to provide testimony and request information. Rev. Stat. § 19-123(E).

Voter Information Pamphlet

The Secretary of State must prepare a Publicity Pamphlet that is posted on a government website and mailed to every registered voter. Ariz. Rev. Stat. § 19-123(B). (Pamphlets may also be emailed at the option of the voter.) Id. The pamphlet must contain the following information.

  • Full text of the measure. Rev. Stat. § 19-123(A)(1).
  • Ballot language (detailed above). Rev. Stat. § 19-123(A)(2).
  • Arguments for and against the measure. Rev. Stat. § 19-123(A)(3).
    • Any person and/or organization may file an argument advocating for, or opposing, any ballot measure. Arguments are filed with the Secretary of State subject to a filing fee and other SOS instructions and subject to statutory deadlines. Each signer’s name and town are included in the publicity pamphlet. Rev. Stat. § 19-124(A).
      • For initiatives, the petition’s sponsor may file an argument advocating for the measure at the same time they file their petition. Any argument by the sponsor is included first; thereafter, arguments are displayed in the order in which they are filed with the Secretary of State. Ariz. Rev. Stat. § 19-124(A), (D).
      • For legislatively referred amendments in which the legislature has ordered a special election, as soon as practicable after a special election has been ordered, the Secretary of State “shall prominently post on its website the dates on which the analysis, if any, and the arguments advocating or opposing the measure are due and the date of the election.” Rev. Stat. § 19-124(B).
  • Impartial analysis of the Legislative Council. Rev. Stat. § 19-123(A)(4).
    • The analysis “shall include a description of the measure and shall be written in clear and concise terms avoiding technical terms wherever possible.” Ariz. Rev. Stat. § 19-124(C).
    • The analysis may contain background information, including the measure would have on existing law.
  • For statutory initiatives and veto referendums: A warning notice that the measure cannot be changed in the future if approved on the ballot, except by a 3/4 vote of members of each house of the legislature, by initiative petition, or by referendum. Rev. Stat. § 19-123(A)(7).
  • For statutory initiatives: Summary of a fiscal impact statement prepared by the joint legislative budget committee (300 words or less). Rev. Stat. § 19-123(A)(6), (E).
    • The joint legislative budget committee staff must also provide a fiscal impact presentation on the measure at public hearings held by the Secretary of State in at least three different counties before the election date. sub. (E).

JUDICIAL REVIEW

When and how can the court step in?

  • For initiatives and veto referendums, the Arizona legislature has made clear that persons using the initiative/referendum processes must strictly comply with all constitutional and statutory requirements. See Rev. Stat. §§ 19-101.01 (pertaining to veto referendums), -102.01 (initiatives). In addition, these requirements must be strictly construed by state courts. See id. §§ 19-101.01, 102.01.

In addition to legal actions by sponsors, Arizona allows any person to bring an action to contest the validity of an initiative or veto referendum: including based on actions of the Secretary of State or the measure’s sponsors’ lack of strict compliance with process requirements. See Ariz. Rev. Stat. § 19-122(A), (C). The Supreme Court of Arizona has stopped measures from being submitted to voters due to a lack of strict compliance with procedural requirements. See, e.g., Molera v. Reagan, 428 P.3d 490, 492 (Ariz. 2018). In recent years, the court has not invalidated ballot language crafted by the Secretary of State. See, e.g., Quality Educ. & Jobs Supporting I-16-2012 v. Bennet, 292 P.3d 192, 194 (Ariz. 2013).

Sample case: Compare Molera v. Reagan, 428 P.3d 490, 492 (Ariz. 2018) (holding initiative proponents did not comply with the requirements of § 19-102(A) because the petition description of initiative’s principal provisions omitted material provisions and created a significant danger of confusion or unfairness to signers) with Molera v. Hobbs, 474 P.3d 667, 677 (Ariz. 2020) (finding petition summary sufficient to permit measure to qualify for ballot). See also Quality Educ. & Jobs Supporting I-16-2012 v. Bennett, 292 P.3d 192, 194 (Ariz. 2013) (rejecting challenge to ballot language drafted by Secretary of State, after considering whether the chosen language would be “misleading, inaccurate, lacking in neutrality, or argumentative”) (citation omitted).

  • For legislatively referred amendments, Arizona law provides that an expedited challenge as to a proposed amendment’s legal sufficiency may be filed in the superior court of Maricopa County within ten days (in even numbered years) or 20 days (in odd numbered years) after the amendment is filed with the Secretary of State. See Ariz. Rev. Stat. § 19-161(A)(1)–(2). The legislature may participate in the lawsuit. Ariz. Rev. Stat. § 19-161(D). This statute has been utilized to challenge a proposed amendment as violating a single-subject requirement. E.g., Hoffman v. Reagan, 429 P.3d 70, 72 (Ariz. 2018).