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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Initiative, Referendum and Recall
Chapter : INITIATIVE AND REFERENDUM
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19-101 Referendum petition; circulators; violation; classification
A. The following shall be the form for referring to the people by referendum
petition a measure or item, section or part of a measure enacted by the legislature, or
by the legislative body of an incorporated city, town or county:
Referendum Description
(Insert a description of no more than one hundred words of the principal provisions of
the measure sought to be referred.)
Notice: This is only a description of the measure sought to be referred prepared by
the sponsor of the measure. It may not include every provision contained in the
measure. Before signing, make sure the title and text of the measure are attached. You
have the right to read or examine the title and text before signing.
Petition for Referendum
To the secretary of state: (or to the corresponding officer for or on
local county, city or town measures)
We, the undersigned citizens and qualified electors of the state of ARIZONA,
respectfully order that the senate (or house) bill No. ___ (or other local
county, city or town measure) entitled (title of act or ordinance, and if the
petition is against less than the whole act or ordinance then set forth here
the item, section, or part, of any measure on which the referendum is used),
passed by the _________________ session of the legislature of the state of
ARIZONA, at the general (or special, as the case may be) session of said
legislature, (or by a county, city or town legislative body) shall be referred
to a vote of the qualified electors of the state, (county, city or town) for
their approval or rejection at the next regular general election (or county,
city or town election) and each for himself says:
I have personally signed this petition with my first and last names. I
have not signed any other petition for the same measure. I am a qualified
elector of the state of ARIZONA, county of (or city or town and county of, as
the case may be) _____________.
"Warning
It is a class 1 misdemeanor for any person to knowingly sign an
initiative or referendum petition with a name other than his own, except in a
circumstance where he signs for a person, in the presence of and at the
specific request of such person, who is incapable of signing his own name
because of physical infirmity, or to knowingly sign his name more than once
for the same measure, or to knowingly sign such petition when he is not a
qualified elector."
Signature Name Actual ARIZONA City or Date
(first and address post office town signed
last name (street & address (if any)
printed) no. and if & zip no street code address, describe residence location)
(Fifteen lines for signatures which shall be numbered)
The validity of signatures on this sheet must be sworn to by the
circulator before a notary public on the form appearing on the back of the
sheet.
Number ________________
B. Each petition sheet shall have printed in capital letters in no less than twelve
point bold-faced type in the upper right-hand corner of the face of the petition sheet
the following:
"___________ paid circulator" "______________ volunteer".
C. A circulator of a referendum petition shall state whether he is a paid
circulator or volunteer by checking the appropriate line on the petition form before
circulating the petition for signatures.
D. Signatures obtained on referendum petitions in violation of subsection C are
void and shall not be counted in determining the legal sufficiency of the petition. The
presence of signatures that are invalidated under this subsection on a petition does not
invalidate other signatures on the petition that were obtained as prescribed by this
section.
19-102 Initiative petition; circulators
A. The form of petition for a law or amendment to the constitution of this state or
county legislative measure, or city or town ordinance, or amendment to a city or town
charter proposed by the initiative to be submitted directly to the electors, shall be
substantially in the form prescribed in section 19-101, except that the title and body of
such petition shall read:
Initiative description
(Insert a description of no more than one hundred words of the principal
provisions of the proposed measure or constitutional amendment.)
Notice: this is only a description of the proposed measure (or constitutional
amendment) prepared by the sponsor of the measure. It may not include every provision
contained in the measure. Before signing, make sure the title and text of the measure
are attached. You have the right to read or examine the title and text before signing.
Initiative Measure to be Submitted Directly to Electors
We, the undersigned, citizens and qualified electors of the state of
ARIZONA, respectfully demand that the following proposed law (or amendment to
the constitution, or other initiative measure), shall be submitted to the
qualified electors of the state of ARIZONA (county, city or town of
____________) for their approval or rejection at the next regular general
election (or county, city or town election) and each for himself says:
(terminate form same as a referendum petition.)
B. Each petition sheet shall have printed in capital letters in no less than twelve
point bold-faced type in the upper right-hand corner of the face of the petition sheet
the following:
"___________ paid circulator" " ______________ volunteer"
C. A circulator of an initiative petition shall state whether he is a paid
circulator or volunteer by checking the appropriate line on the petition form before
circulating the petition for signatures.
D. Signatures obtained on initiative petitions in violation of subsection C of this
section are void and shall not be counted in determining the legal sufficiency of the
petition. The presence of signatures that are invalidated under this subsection on a
petition does not invalidate other signatures on the petition that were obtained as
prescribed by this section.
19-111 Number for petition
A. A person or organization intending to propose a law or constitutional amendment
by initiative petition or to file a referendum petition against a measure, item, section
or part of a measure shall, before causing the petition to be printed and circulated,
file with the secretary of state an application, on a form to be provided by the
secretary of state, setting forth his name or, if an organization, its name and the names
and titles of its officers, address, his intention to circulate and file a petition, a
description of no more than one hundred words of the principal provisions of the proposed
law, constitutional amendment or measure and the text of the proposed law, constitutional
amendment or measure to be initiated or referred in no less than eight point type, and
applying for issuance of an official serial number.
B. On receipt of the application, the secretary of state shall assign an official
serial number to the petition, which number shall appear in the lower right-hand corner
of each side of each copy thereof, and issue that number to the applicant. Numbers shall
be assigned to petitions by the secretary of state in numerical sequence, and a record
shall be maintained in his office of each application received and of the numbers
assigned and issued to the applicant.
C. The secretary of state shall print in pamphlet form and shall furnish to each
applicant, at the time the application is submitted, a copy of the text of this article
governing the initiative and referendum and all rules adopted by the secretary of state
pursuant to this title. In addition, the secretary of state shall at this time furnish
the applicant with a statement of organization form and a notice stating: "This
statement must be filed before valid signatures can be collected." The secretary of
state shall furnish a sufficient supply of these pamphlets to the county, city and town
clerks who shall similarly furnish the pamphlet to each applicant.
D. The eight point type required by subsection A shall not apply to maps, charts or
other graphics.
19-112 Signatures and verification; attachment
A. Every qualified elector signing a petition shall do so in the presence of the
person who is circulating the petition and who is to execute the affidavit of
verification. At the time of signing, the qualified elector shall sign his first and
last names in the spaces provided and the elector so signing or the person circulating
the petition shall print his first and last names and write, in the appropriate spaces
following the signature, the signer's residence address, giving street and number, and if
he has no street address, a description of his residence location. The elector so
signing or the person circulating the petition shall write, in the appropriate spaces
following the elector's address, the date on which the elector signed the petition.
B. The signature sheets shall be attached at all times during circulation to a full
and correct copy of the title and text of the measure or constitutional amendment
proposed or referred by the petition. The title and text shall be in at least eight
point type and shall include both the original and the amended text. The text shall
indicate material deleted, if any, by printing the material with a line drawn through the
center of the letters of the material and shall indicate material added or new material
by printing the letters of the material in capital letters.
C. The person before whom the signatures and addresses were written on the
signature sheet shall, on the affidavit form pursuant to this section, subscribe and
swear before a notary public that each of the names on the sheet was signed and the name
and address were printed in the presence of the elector and the circulator on the date
indicated, and that in his belief each signer was a qualified elector of a certain county
of the state, or, in the case of a city, town or county measure, of the city, town or
county affected by the measure on the date indicated, and that at all times during
circulation of the signature sheet a copy of the title and text was attached to the
signature sheet. All signatures of petitioners on a signature sheet shall be those of
qualified electors who are registered to vote in the same county. However, if signatures
from more than one county appear on the same signature sheet, only the valid signatures
from the same county which are most numerous on the signature sheet shall be counted.
Signature and handwriting comparisons may be made.
D. The affidavit shall be in the following form printed on the reverse side of each
signature sheet:
Affidavit of Circulator
State of ARIZONA )
) ss.:
County of ___________)
(Where notarized)
I, (print name) , a person who is qualified to register to vote in the
county of _______, in the state of ARIZONA at all times during my circulation
of this petition sheet, and under the penalty of a class 1 misdemeanor, depose
and say that each individual signed this sheet of the foregoing petition in my
presence on the date indicated, and I believe that each signer's name and
residence address or post office address are correctly stated and that each
signer is a qualified elector of the state of ARIZONA (or in the case of a
city, town or county measure, of the city, town or county affected by the
measure proposed to be initiated or referred to the people) and that at all
times during circulation of this signature sheet a copy of the title and text
was attached to the signature sheet.
(Signature of affiant) ____________________
(Residence address, street
and number of affiant, or
if no street address, a
description of residence
location)
__________________________________
Subscribed and sworn to before me on ____________________.
(date)
__________________________________
Notary Public
___________________________, ARIZONA.
My commission expires on _____________.
(date)
E. The eight point type required by subsection B shall not apply to maps, charts or
other graphics.
19-114.01 Prohibition on signing petition for profit; classification
Any person who knowingly gives or receives money or any other thing of value for
signing an initiative or referendum petition, excluding payments made to a person for
circulating such petition, is guilty of a class 1 misdemeanor.
19-114 Prohibition on circulating petitions by certain persons; statement of organization or exemption
A. No county recorder or justice of the peace and no person other than a person who
is qualified to register to vote pursuant to section 16-101 may circulate an initiative
or referendum petition and all signatures verified by any such person shall be void and
shall not be counted in determining the legal sufficiency of the petition.
B. Signatures obtained on initiative and referendum petitions by a political
committee proposing the initiative or referendum or any of its officers, agents,
employees or members prior to the filing of the committee's statement of organization or
prior to the filing of the five hundred dollar threshold exemption statement pursuant to
section 16-902.01 are void and shall not be counted in determining the legal sufficiency
of the petition.
19-115 Unlawful acts; violations; classification
A. Every qualified elector of the state may sign a referendum or initiative
petition upon any measure which he is legally entitled to vote upon.
B. A person knowingly signing any name other than his own to a petition, except in
a circumstance where he signs for a person, in the presence of and at the specific
request of such person, who is incapable of signing his own name, because of physical
infirmity or knowingly signing his name more than once for the same measure, or proposed
constitutional amendment, at one election, or who is not at the time of signing a
qualified elector of this state, or any officer or person knowingly violating any
provision of this chapter, is guilty of a class 1 misdemeanor unless another
classification is specifically prescribed in this title.
19-116 Coercion or intimidation with respect to petitions; classification
A person who knowingly coerces any other person by menace or threat, or threatens
any other person to the effect that the other person will or may be injured in his
business, or discharged from employment, or that he will not be employed, to sign or
subscribe, or to refrain from signing or subscribing, his name to an initiative or
referendum petition, or, after signing or subscribing his name, to have his name taken
therefrom, is guilty of a class 1 misdemeanor.
19-117 Initiative and referendum petition; changes; applicability
Notwithstanding any other law, any change in the law or procedure adopted by a
governing body with respect to circulation or filing of an initiative or referendum
petition after an initiative or referendum petition application is filed pursuant to
section 19-111 does not apply to the initiative or referendum petition.
19-118 Definition of paid circulator
For the purposes of this title, "paid circulator":
1. Means a natural person who receives monetary or other compensation that is based
on the number of signatures obtained on a petition or on the number of petitions
circulated that contain signatures.
2. Does not include a paid employee of any political committee organized pursuant
to title 16, chapter 6, unless that employee's primary responsibility is circulating
petitions to obtain signatures.
19-119 Deceptive mailings; civil penalty
A. In an attempt to influence the outcome of an election held pursuant to this
title, an individual or committee shall not deliver or mail any document that falsely
purports to be a mailing authorized, approved, required, sent or reviewed by or that
falsely simulates a document from the government of this state, a county, city or town or
any other political subdivision.
B. An individual or committee that violates this section is liable for a civil
penalty equal to twice the total of the cost of the mailing or five hundred dollars,
whichever is greater. The attorney general, the county attorney, the city or town
attorney or other legal representative of the political subdivision, as appropriate, may
assess the civil penalty.
19-121.01 Secretary of state; removal of petition and ineligible signatures; facsimile sheets; random sample
A. Within fifteen days, excluding Saturdays, Sundays and other legal holidays, of
the date of filing of an initiative or referendum petition and issuance of the receipt,
the secretary of state shall:
1. Remove the following:
(a) Those sheets not attached to a copy of the title and text of the measure.
(b) The copy of the title and text from the remaining petition sheets.
(c) Those sheets not bearing the petition serial number in the lower right-hand
corner of each side.
(d) Those sheets containing a circulator's affidavit that is not completed or
signed.
(e) Those sheets on which the affidavit of the circulator is not notarized, the
notary's signature is missing, the notary's commission has expired or the notary's seal
is not affixed.
(f) Those sheets on which the signatures of the circulator or the notary are dated
earlier than the dates on which the electors signed the face of the petition sheet.
2. After completing the steps in paragraph 1 of this subsection, review each sheet
to determine the county of the majority of the signers and shall:
(a) Place a three or four letter abbreviation designating that county in the upper
right-hand corner of the face of the petition.
(b) Remove all signatures of those not in the county of the majority on each sheet
by marking an "SS" in red ink in the margin to the right of the signature line.
(c) Cause all signature sheets to be grouped together by county of registration of
the majority of those signing and attach them to one or more copies of the title and text
of the measure. If the sheets are too bulky for convenient grouping by the secretary of
state in one volume by county, they may be bound in two or more volumes with those in
each volume attached to a single printed copy of the measure. The remaining detached
copies of the title and text of the measure shall be delivered to the applicant.
3. After completing the steps in paragraph 2 of this subsection, remove the
following signatures that are not eligible for verification by marking an "SS" in red ink
in the margin to the right of the signature line:
(a) If the signature of the qualified elector is missing.
(b) If the residence address or the description of residence location is missing.
(c) If the date on which the petitioner signed is missing.
(d) Signatures in excess of the fifteen signatures permitted per petition.
(e) Signatures withdrawn pursuant to section 1-261.
4. After the removal of petition sheets and signatures, count the number of
signatures for verification on the remaining petition sheets and note that number in the
upper right-hand corner of the face of each petition sheet immediately above the county
designation.
5. Number the remaining petition sheets that were not previously removed and that
contain signatures eligible for verification in consecutive order on the front side of
each petition sheet in the upper left-hand corner.
6. Count all remaining petition sheets and signatures not previously removed and
issue a receipt to the applicant of this total number eligible for verification.
B. If the total number of signatures for verification as determined pursuant to
subsection A, paragraph 6 of this section equals or exceeds the constitutional minimum,
the secretary of state, during the same fifteen day period provided in subsection A of
this section, shall select, at random, five per cent of the total signatures eligible for
verification by the county recorders of the counties in which the persons signing the
petition claim to be qualified electors. The random sample of signatures to be verified
shall be drawn in such a manner that every signature eligible for verification has an
equal chance of being included in the sample. The random sample produced shall identify
each signature selected by petition page and line number. The signatures selected shall
be marked according to the following procedure:
1. Using red ink, mark the selected signature by circling the line number and
drawing a line from the base of the circle extending into the left margin.
2. If a signature line selected for the random sample is found to be blank or was
removed from the verification process pursuant to subsection A of this section and is
marked with an "SS", then the next line down, even if that requires going to the next
petition sheet in sequence, on which an eligible signature appears shall be selected as a
substitute if that line has not already been selected for the random sample. If the next
eligible line is already being used in the random sample, the secretary of state shall
proceed back up the page from the signature line originally selected for the random
sample to the next previous signature line eligible for verification. If that line is
already being used in the random sample, the secretary of state shall continue moving
down the page or to the next page from the line originally selected for the random sample
and shall select the next eligible signature as its substitute for the random
sample. The secretary of state shall use this process of alternately moving forward and
backward until a signature eligible for verification and not already included in the
random sample can be selected and substituted.
C. After the selection of the random sample and the marking of the signatures
selected on the original petition sheets pursuant to subsection B of this section, the
secretary of state shall reproduce a facsimile of the front of each signature sheet on
which a signature included in the random sample appears. The secretary of state shall
clearly identify those signatures marked for verification by color highlighting or other
similar method and shall transmit by personal delivery or certified mail to each county
recorder a facsimile sheet of each signature sheet on which a signature appears of any
individual claiming to be a qualified elector of that county whose signature was selected
for verification as part of the random sample.
D. The secretary of state shall retain in custody all signature sheets removed
pursuant to this section except as otherwise prescribed in this title.
19-121.02 Certification by county recorder
A. Within ten days, excluding Saturdays, Sundays and other legal holidays, after
receiving the facsimile signature sheets from the secretary of state pursuant to section
19-121.01, the county recorder shall determine which signatures of individuals whose
names were transmitted shall be disqualified for any of the following reasons:
1. No residence address or description of residence location is provided.
2. No date of signing is provided.
3. The signature is illegible and the signer is otherwise unidentifiable.
4. The address provided is illegible or nonexistent.
5. The individual was not a qualified elector on the date of signing the petition.
6. The individual was a registered voter but was not at least eighteen years of age
on the date of signing the petition or affidavit.
7. The signature was disqualified after comparison with the signature on the
affidavit of registration.
8. If a petitioner signed more than once, all but one otherwise valid signature
shall be disqualified.
9. For the same reasons any signatures or entire petition sheets could have been
removed by the secretary of state pursuant to section 19-121.01, subsection A.
B. Within the same time period provided in subsection A of this section, the county
recorder shall certify to the secretary of state the following:
1. The name of any individual whose signature was included in the random sample and
disqualified by the county recorder together with the petition page and line number of
the disqualified signature.
2. The total number of signatures selected for the random sample and transmitted to
the county recorder for verification and the total number of random sample signatures
disqualified.
C. The secretary of state shall prescribe the form of the county recorder's
certification.
D. At the time of the certification, the county recorder shall:
1. Return the facsimile signature sheets to the secretary of state.
2. Send notice of the results of the certification by mail to the person or
organization that submitted the initiative or referendum petitions and to the secretary
of state.
19-121.03 Judicial review of actions by county recorder; venue
A. If the county recorder fails or refuses to comply with the provisions of section
19-121.02, any citizen may apply, within ten calendar days after such failure or refusal,
to the superior court for a writ of mandamus. If the court finds that the county
recorder has not complied with the provisions of section 19-121.02, the court shall issue
an order for the county recorder to comply.
B. Any citizen may challenge in the superior court the certification made by a
county recorder pursuant to section 19-121.02 within ten calendar days of the receipt
thereof by the secretary of state. The action shall be advanced on the calendar and
heard as a trial de novo and decided by the court as soon as possible. Either party may
appeal to the supreme court within ten calendar days after judgment.
C. An action commenced under this section shall be brought in the county of such
recorder, except that any such action involving more than one recorder shall be brought
in Maricopa county.
19-121.04 Disposition of petitions by secretary of state
A. Within forty-eight hours, excluding Saturdays, Sundays and other legal holidays,
after receipt of the facsimile signature sheets and the certification of each county
recorder, the secretary of state shall determine the total number of valid signatures by
subtracting from the total number of eligible signatures determined pursuant to section
19-121.01, subsection A, paragraph 6 in the following order:
1. All signatures on petitions containing a defective circulator's affidavit.
2. All signatures that were found ineligible by the county recorders and that were
not subtracted pursuant to paragraph 1 of this subsection.
3. After determining the percentage of all signatures found to be invalid in the
random sample, a like percentage from those signatures remaining after the subtractions
performed pursuant to paragraphs 1 and 2 of this subsection.
B. If the actual number of signatures after certification pursuant to subsection C
of this section on the remaining sheets after any such subtraction equals or exceeds the
minimum number required by the constitution or if the number of valid signatures as
projected from the random sample pursuant to subsection A of this section is at least one
hundred five per cent of the minimum number required by the constitution, the secretary
of state shall issue the following receipt to the person or organization that submitted
them:
___________________ signature pages bearing _____________ signatures for
initiative (referendum) petition serial number ____ have been refused for
filing in this office because the person circulating them was a county
recorder or justice of the peace at the time of circulating the petition or
due to defects in the circulator's affidavit. A total of ________________
signatures included on the remaining petition sheets were found to be
ineligible. Of the total random sample of _______________ signatures, a total
of __________ signatures were invalidated by the county recorders resulting in
a failure rate of _________ per cent. The actual number of remaining
signatures for such initiative (referendum) petition number ________ are equal
to or in excess of the minimum required by the constitution to place a measure
on the general election ballot. The number of valid signatures filed with
this petition, based on the random sample, appears to be at least one hundred
five per cent of the minimum required or through examination of each signature
has been certified to be greater than the minimum required by the
constitution.
Date: _______________________
__________________________ Secretary
of State
(Seal)
The secretary of state shall then forthwith notify the governor that a sufficient number
of signatures has been filed and that the initiative or referendum shall be placed on the
ballot in the manner provided by law.
C. If the number of valid signatures as projected from the random sample is less
than one hundred five but greater than ninety-five per cent of the minimum number
required by the constitution, then the secretary of state shall order the examination and
verification of each signature filed and shall so notify the county recorders. The
county recorder's certification shall be in the form prescribed by the secretary of
state.
D. If the number of valid signatures as projected from the random sample is less
than ninety-five per cent of the minimum number required by the constitution or if the
actual number of signatures on the remaining sheets after any such subtraction from the
random sample or after certification fails to equal or exceed the minimum required by the
constitution, the secretary of state shall immediately return the original signature
sheets, in the form filed by him under section 19-121, to the person or organization that
submitted them, together with a certified statement that, for the following reasons, the
petition lacks the minimum number of signatures to place it on the general election
ballot:
1. Signature sheets bearing secretary of state page numbers
_________________ and bearing signatures of ____________ persons appeared on
petitions containing a defective circulator's affidavit.
2. A total of signatures on the remaining petition sheets were
found to be ineligible.
3. A total of signatures included in the random
sample have been certified by the county recorders as ineligible at the time
such petition was signed and a projection from such random sample has
indicated that _____________ more signatures are ineligible to appear on the
petition. A facsimile of the certifications of the county recorders under
section 19-121.02 shall accompany the signature sheets returned to the person
or organization that submitted them.
19-121.05 Special fund for reimbursement of county recorders
A. The secretary of state shall establish a separate fund from which he shall
reimburse a county recorder for actual expenses incurred by the county recorder for
performance of his duties under the provisions of section 19-121.02, but not to exceed
the rate of fifty cents per signature.
B. A county recorder who claims to be entitled to reimbursement under the
provisions of this section shall submit a claim therefor to the secretary of state.
C. The special fund established under the provisions of this section shall be
exempt from the provisions of section 35-190 relating to lapsing of appropriations.
19-121 Signature sheets; petitions; form; procedure for filing
A. Signature sheets filed shall:
1. Be in the form prescribed by law.
2. Have printed in its lower right-hand corner, on each side of such sheet, the
official serial number assigned to the petition by the secretary of state.
3. Be attached to a full and correct copy of the title and text of the measure, or
amendment to the constitution, proposed or referred by the petition.
4. Be printed in at least eight point type.
5. Be printed in black ink on white or recycled white pages fourteen inches in
width by eight and one-half inches in length, with a margin of at least one-half inch at
the top and one-fourth inch at the bottom of each page.
B. For purposes of this chapter, a petition is filed when the petition sheets are
tendered to the secretary of state, at which time a receipt is immediately issued by the
secretary of state based on an estimate made to the secretary of state of the purported
number of sheets and signatures filed. After the issuance of the receipt, no additional
petition sheets may be accepted for filing.
C. Petitions may be filed with the secretary of state in numbered sections for
convenience in handling. Not more than fifteen signatures on one sheet shall be counted.
D. Initiative petitions which have not been filed with the secretary of state as of
5:00 p.m. on the day required by the constitution prior to the ensuing general election
after their issuance shall be null and void, but in no event shall the secretary of state
accept an initiative petition which was issued for circulation more than twenty-four
months prior to the general election at which the measure is to be included on the
ballot.
E. For purposes of this article and article 4, the measure to be attached to the
petition as enacted by the legislative body of an incorporated city, town or county means
the adopted ordinance or resolution or, in the absence of a written ordinance or
resolution, that portion of the minutes of the legislative body that reflects the action
taken by that body when adopting the measure. In the case of zoning measures the measure
shall also include a legal description of the property and any amendments made to the
ordinance by the legislative body.
19-122 Refusal of secretary of state to file petition or transmit facsimiles of signature sheets or affidavits of circulators; writ of mandamus; venue
A. If the secretary of state refuses to accept and file a petition for the
initiative or referendum, or proposal for a constitutional amendment which has been
presented within the time prescribed, or if he refuses to transmit the facsimiles of a
signature sheet or sheets or affidavits of circulators to the county recorders for
certification under section 19-121.01, he shall provide the person who submitted the
petition, proposal, signature sheet or affidavit with a written statement of the reason
for the refusal. Within ten calendar days after the refusal any citizen may apply to the
superior court for a writ of mandamus to compel the secretary of state to file the
petition or proposal or transmit the facsimiles, or the citizen may file a complaint with
the county attorney or attorney general. The county attorney or attorney general may
apply, within ten calendar days after the complaint is made, to the superior court for a
writ of mandamus to compel the secretary of state to file the petition or proposal or
transmit the facsimiles. The action shall be advanced on the calendar and heard and
decided by the court as soon as possible. Either party may appeal to the supreme court
within ten calendar days after judgment. If the court finds that the petition is legally
sufficient, the secretary of state shall then file it, with a certified copy of the
judgment attached as of the date on which it was originally offered for filing in his
office.
B. The most current version of the general county register at the time of filing a
court action challenging an initiative or referendum petition shall constitute the
official record to be used to determine on a prima facie basis by the challenger that the
signer of a petition was not registered to vote at the address given on the date of
signing the petition. If the address of the signer given on the date of signing the
petition is different from that on the most current version of the general county
register, the county recorder shall examine the version of the general county register
which was current on the date the signer signed the petition to determine the validity of
the signature. This subsection does not preclude introducing into evidence a certified
copy of the affidavit or registration of any signer dated prior to the signing of the
petition if the affidavit is in the possession of the county recorder but has not yet
been filed in the general county register.
C. Notwithstanding section 19-121.04, if any petition filed is not legally
sufficient, the court may, in an action brought by any citizen, enjoin the secretary or
other officers from certifying or printing on the official ballot for the ensuing
election the amendment or measure proposed or referred. The action shall be advanced on
the calendar and heard and decided by the court as soon as possible. Either party may
appeal to the supreme court within ten days after judgment.
D. The superior court in Maricopa county shall have jurisdiction of actions
relating to measures and amendments to be submitted to the electors of the state at
large. With respect to actions relating to local and special measures, the superior
court in the county, or in one of the counties, in which the measures are to be voted
upon shall have jurisdiction.
19-123 Publicity pamphlet; printing; distribution; public hearings
A. When the secretary of state is ordered by the legislature, or by petition under
the initiative and referendum provisions of the constitution, to submit to the people a
measure or proposed amendment to the constitution, the secretary of state shall cause to
be printed, at the expense of the state, except as otherwise provided in this article, a
publicity pamphlet, which shall contain:
1. A true copy of the title and text of the measure or proposed amendment. Such
text shall indicate material deleted, if any, by printing such material with a line drawn
through the center of the letters of such material and shall indicate material added or
new material by printing the letters of such material in capital letters.
2. The form in which the measure or proposed amendment will appear on the ballot,
the official title, the descriptive title prepared by the secretary of state and the
number by which it will be designated.
3. The arguments for and against the measure or amendment.
4. For any measure or proposed amendment, a legislative council analysis of the
ballot proposal as prescribed by section 19-124.
5. The report of the commission on judicial performance review for any justices of
the supreme court, judges of the court of appeals and judges of the superior court who
are subject to retention.
6. The summary of a fiscal impact statement prepared by the joint legislative
budget committee staff pursuant to subsection D of this section.
B. The secretary of state shall mail one copy of the publicity pamphlet to every
household that contains a registered voter. The mailings may be made over a period of
days but shall be mailed in order to be delivered to households before the earliest date
for receipt by registered voters of any requested early ballots for the general election.
C. Sample ballots for both the primary and general elections shall include a
statement that information on how to obtain a publicity pamphlet for the general election
ballot propositions is available by calling the secretary of state. The statement shall
include a telephone number and mailing address of the secretary of state.
D. On certification of an initiative measure as qualified for the ballot, the
secretary of state shall hold or cause to be held at least three public meetings on the
ballot measure. Hearings shall be held in at least three different counties and shall be
held before the date of the election on the measure. The hearings shall provide an
opportunity for proponents, opponents and the general public to provide testimony and
request information. Hearings may be scheduled to include more than one qualified ballot
measure and shall include a fiscal impact presentation on the measure by the joint
legislative budget committee staff. The joint legislative budget committee staff shall
prepare a summary of the fiscal impact for each ballot measure, not to exceed three
hundred words, for publication in the publicity pamphlet.
19-124 Arguments and analyses on measures; cost; submission at special election
A. The person filing an initiative petition may at the same time file with the
secretary of state an argument advocating the measure or constitutional amendment
proposed in the petition. Not later than sixty days preceding the regular primary
election a person may file with the secretary of state an argument advocating or opposing
the measure or constitutional amendment proposed in the petition. Not later than sixty
days preceding the regular primary election a person may file with the secretary of state
an argument advocating or opposing any measure with respect to which the referendum has
been invoked, or any measure or constitutional amendment referred by the
legislature. Each argument filed shall contain the original signature of each person
sponsoring it. If the argument is sponsored by an organization, it shall be signed by
two executive officers thereof or if sponsored by a political committee it shall be
signed by the committee's chairman or treasurer. Payment of the deposit required by
subsection D or reimbursement of the payor constitutes sponsorship of the argument for
purposes of this subsection. The person or persons signing the argument shall identify
themselves by giving their residence or post office address and a telephone number, which
information shall not appear in the publicity pamphlet. Each argument filed pursuant to
this subsection shall not exceed three hundred words in length.
B. Not later than sixty days preceding the regular primary election the legislative
council, after providing reasonable opportunity for comments by all legislators, shall
prepare and file with the secretary of state an impartial analysis of the provisions of
each ballot proposal of a measure or proposed amendment. The analysis shall include a
description of the measure and shall be written in clear and concise terms avoiding
technical terms wherever possible. The analysis may contain background information,
including the effect of the measure on existing law, or any legislative enactment
suspended by referendum, if the measure or referendum is approved or rejected.
C. The analyses and arguments shall be included in the publicity pamphlet
immediately following the measure or amendment to which they refer. Arguments in the
affirmative shall be placed first in order, and first among the affirmative or negative
arguments shall be placed the arguments filed by the person filing the initiative
petition or the person who introduced the measure or constitutional amendment referred.
The remaining affirmative and negative arguments shall be placed in the order in which
they were filed with the secretary of state.
D. The person filing an argument shall deposit with the secretary of state, at the
time of filing, an amount of money as prescribed by the secretary of state for the
purpose of offsetting a portion of the proportionate cost of the paper and printing of
the argument. If the person filing an argument requests that the argument appear in
connection with more than one proposition, a deposit shall be made for each placement
requested. No such deposit or payment shall be required for the analyses prepared and
filed by the legislative council. Any proportional balance remaining of the deposit,
after paying the cost, shall be returned to the depositor.
E. When a measure is submitted at a special election, and time will not permit full
compliance with the provisions of this article, the charter provision or ordinance
providing for the special election shall make provision for printing and distribution of
the publicity pamphlet.
F. In the case of referendum petitions that are not required to be filed until
after the primary election or at a time so close to the primary election that a
referendum cannot be certified for the ballot before the deadline for filing ballot
arguments pursuant to subsection A, the secretary of state may establish a separate
deadline for filing the referendum ballot arguments pursuant to rules adopted by the
secretary of state.
19-125 Form of ballot
A. The secretary of state, at the time he transmits to the clerks of the boards
of supervisors a certified copy of the name of each candidate for public office, shall
transmit to each clerk a certified copy of the official title, the descriptive title
and the number of each measure and proposed amendment to the constitution to be voted
upon at the ensuing regular general election.
B. Proposed constitutional amendments shall be numbered consecutively beginning
with the number one hundred, proposed initiative measures shall be numbered
consecutively beginning with the number two hundred, measures submitted under the
referendum shall be numbered consecutively beginning with the number three hundred, and
county and local issues shall be numbered consecutively beginning with the number four
hundred. Numbering shall be consecutive based on the order in which the initiative or
referendum petitions are filed with the secretary of state. Proposed constitutional
amendments shall be placed by themselves at the head of the ballot column, followed by
initiated and referred measures in that order.
C. The officer in charge of elections shall print the official title, the
descriptive title and the number of each measure upon the official ballot in the order
presented to him by the secretary of state unless otherwise provided by law. The number
of the measure shall be in reverse type and at least twelve point type. A proposed
constitutional amendment shall be designated "proposed amendment to the constitution by
the legislature", or "proposed amendment to the constitution by the initiative", as the
case may be. A measure referred by the legislature shall be designated "referred to the
people by the legislature", a measure referred by petition shall be designated
"referendum ordered by petition of the people" and a measure proposed by initiative
petition shall be designated "proposed by initiative petition".
D. There shall be printed on the official ballot immediately below the number of
the measure and the official title of each measure a descriptive title containing a
summary of the principal provisions of the measure, not to exceed fifty words, which
shall be prepared by the secretary of state and approved by the attorney general or the
ballot shall comply with subsection E of this section:
A "yes" vote shall have the effect of ______________________ .
A "no" vote shall have the effect of _______________________ .
The blank spaces shall be filled with a brief phrase, approved by the attorney general,
stating the essential change in the existing law should the measure receive a majority
of votes cast in that particular manner. In the case of a referendum, a "yes" vote
shall have the effect of approving the legislative enactment that is being referred.
Below the statement of effect of a "yes" vote and effect of a "no" vote there shall be
printed the corresponding words "yes" and "no" and a place for the voter to put a mark
as defined in section 16-400 indicating his preference.
E. Instead of printing the official and descriptive titles or the full text of
each measure or question on the official ballot, the officer in charge of elections may
print phrases on the official ballot that contain all of the following:
1. The number of the measure in reverse type and at least twelve point type.
2. The designation of the measure as prescribed by subsection C of this section
or as a question, proposition or charter amendment, followed by the words "relating
to..." and inserting the subject.
3. Either the statement prescribed by subsection D of this section that describes
the effects of a "yes" vote and a "no" vote or, for other measures, the text of the
question or proposition.
4. The words "yes" and "no" or "for" and "against", as may be appropriate and a
place for the voter to put a mark.
F. For any ballot printed pursuant to subsection E of this section, the
instructions on the official ballot shall direct the voter to the full text of the
official and descriptive titles and the questions and propositions as printed on the
sample ballot and posted in the polling place.
19-126 Counting and canvassing votes; governor's proclamation
A. The votes on measures and proposed constitutional amendments shall be counted,
canvassed and returned by the officers of the election boards as votes for candidates are
counted, canvassed and returned, and the abstract made by the clerks of the boards of
supervisors of the several counties of votes on measures and proposed constitutional
amendments shall be returned to the secretary of state on separate abstract sheets in the
manner provided by law. The total vote shall then be canvassed and proclamation of the
results made in the manner prescribed by the constitution.
B. If two or more conflicting measures or amendments are approved at the same
election, the governor shall proclaim which of the measures or amendments received the
greatest number of affirmative votes.
19-127 Preservation and publication of approved measures
A. If a measure or proposed constitutional amendment, at the ensuing election, is
approved by the people, the preserved copies with the sheets, signatures and affidavits,
and a certified copy of the governor's proclamation declaring them to have been approved
by the people, shall be bound together in such form that they may be conveniently
identified and preserved.
B. The secretary of state shall cause every measure or constitutional amendment
submitted under the initiative and approved by the people to be printed with the general
laws enacted by the next ensuing session of the legislature, with the date of the
governor's proclamation declaring them to have been approved by the people.
19-129 Destroying, suppressing or filing false initiative or referendum petition; classification
A person filing an initiative or referendum petition or measure who, at the time of
filing the petition or measure, knows it is falsely made, or who knowingly destroys or
suppresses an initiative or referendum petition or measure, or any part thereof, which
has been duly filed with the officers of the state, or of any political subdivisions
thereof, as provided by this chapter, is guilty of a class 1 misdemeanor.
19-141 Initiative and referendum in counties, cities and towns
A. The provisions of this chapter shall apply to the legislation of cities, towns
and counties, except as specifically provided to the contrary in this article. The
duties required of the secretary of state as to state legislation shall be performed in
connection with such legislation by the city or town clerk, county officer in charge of
elections or person performing the duties as such. The duties required of the governor
shall be performed by the mayor or the chairman of the board of supervisors, the duties
required of the attorney general shall be performed by the city, town or county attorney,
and the printing and binding of measures and arguments shall be paid for by the city,
town or county in like manner as payment is provided for by the state with respect to
state legislation. The provisions of section 19-124 with respect to the legislative
council analysis do not apply in connection with initiatives and referenda in cities,
towns and counties. The printing shall be done in the same manner as other municipal or
county printing is done.
B. Distribution of pamphlets shall be made to every household containing a
registered voter in the city or county, so far as possible, by the city or town clerk or
by the county officer in charge of elections by mail before the earliest date for receipt
by registered voters of any requested early ballot for the election at which the measures
are to be voted on. If the pamphlet is not mailed before the earliest date for receipt of
a requested early ballot, the officer in charge of elections shall provide a notice with
the early ballots stating when the pamphlets will be mailed and where and when the
pamphlets may be accessed or viewed. Pamphlets shall not be mailed or carried less than
ten days before the election at which the measures are to be voted upon.
C. Arguments supporting or opposing municipal or county initiative and referendum
measures shall be filed with the city or town clerk or the county officer in charge of
elections not less than ninety days before the election at which they are to be voted
upon.
D. The procedure with respect to municipal and county legislation shall be as
nearly as practicable the same as the procedure relating to initiative and referendum
provided for the state at large, except the procedure for verifying signatures on
initiative or referendum petitions may be established by a city or town by charter or
ordinance.
E. References in this section to duties to be performed by city or town officers
apply only with respect to municipal legislation, and references to duties to be
performed by county officers apply only with respect to county legislation.
F. The duties required of the county recorder with respect to state legislation
shall also be performed by the county recorder with respect to municipal or county
legislation. 19-142 Referendum petitions against municipal actions; emergency measures; zoning actions
A. The whole number of votes cast at the city or town election at which a mayor or
councilmen were chosen last preceding the submission of the application for a referendum
petition against an ordinance, franchise or resolution shall be the basis on which the
number of electors of the city or town required to file a referendum petition shall be
computed. The petition shall be filed with the city or town clerk within thirty days
after passage of the ordinance, resolution or franchise.
B. A city or town ordinance, resolution or franchise shall not become operative
until thirty days after its passage by the council and approval by the mayor, unless it
is passed over the mayor's veto, and then it shall not become operative until thirty days
after final approval and until certification by the clerk of the city or town of the
minutes of the meeting at which the action was taken, except emergency measures necessary
for the immediate preservation of the peace, health or safety of the city or town. An
emergency measure shall not become immediately operative unless it states in a separate
section the reason why it is necessary that it should become immediately operative, and
unless it is approved by the affirmative vote of three-fourths of all the members elected
to the city or town council, taken by ayes and noes, and also approved by the mayor.
C. At the time a person or organization intending to file a referendum petition
against an ordinance or resolution applies for the issuance of an official number
pursuant to section 19-111, the city or town clerk shall provide such person or
organization with a full and correct copy of the ordinance or resolution in the form as
finally adopted. If the copy of the ordinance or resolution proposed as a referendum is
not available to such person or organization at the time of making application for an
official number or on the same business day as the application is submitted, the
thirty-day period prescribed in subsection A of this section begins on the day that the
ordinance or resolution is available from the city or town clerk, and the ordinance or
resolution shall not become operative until thirty days after the ordinance or resolution
is available.
D. Notwithstanding subsection C of this section, a person or organization may file
a referendum petition against the rezoning of a parcel of property on the approval by the
city or town council of the ordinance that adopts the rezoning or on the approval of that
portion of the minutes of the city or town council that includes the council's approval
of the rezoning, whichever occurs first. The thirty day period prescribed in subsection
A of this section begins on the day that the rezoning ordinance or approved minutes or
portion of the approved minutes are available from the city or town clerk and the
ordinance is not operative until thirty days after the ordinance or minutes are
available.
19-143 Initiative petition in cities; action of council; amendment of charter
A. The whole number of votes cast at the city or town election at which a mayor or
councilman was chosen last preceding the submission of the application for an initiative
petition is the basis for computing the number of qualified electors of the city or town
required to sign the petition unless the city or town by charter or ordinance provides an
alternative basis for computing the number of necessary signatures.
B. If an ordinance, charter or amendment to the charter of a city or town is
proposed by initiative petition, it shall be filed with the city or town clerk, who shall
submit it to the voters of the city or town at the next ensuing election. The council
may enact the ordinance or amendment and refer it to the people or it may enact the
ordinance or amendment without referring it to the people, and in that case it is subject
to referendum petition as other ordinances. The mayor shall not have power to veto
either of such measures.
C. Amendments to a city or town charter may be proposed and submitted to the people
by the council, with or without an initiative petition, but they shall be filed with the
clerk for submission not less than sixty days before the election at which they are to be
voted upon, and no amendment of a charter shall be effective until it is approved by a
majority of the votes cast thereon by the people of the city or town to which it
applies. The council may by ordinance order special elections to vote on municipal
measures.
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