Initiative To Law: Arizona's Unique Legislative Journey

In Arizona, citizens can propose new laws or constitutional amendments through the initiative process. This process begins when qualified voters submit a petition outlining the proposed amendment to the Secretary of State. The number of signatures required depends on the type of initiative: 15% of registered voters for constitutional amendments and 10% for statutory amendments. If enough signatures are obtained, the initiative will appear on the subsequent general election ballot for voter approval. A simple majority is required for a ballot proposal to pass and become law, except for initiatives to approve a tax, which require a 60% majority.

The initiative process in Arizona

Initiative Process Overview

• Forming a Political Committee: The first step is to form a political committee through the Arizona Secretary of State's online system, Beacon. This committee will act as the sponsor of the petition.
• Filing an Application for a Serial Number: The next step is to file an application for a serial number with the Arizona Secretary of State's Office. This application includes details such as the name and address of the proponent(s) and a summary of the proposed measure.
• Acquiring the Initiative Petition: The proponents then need to acquire the appropriate initiative petition form from the Arizona Secretary of State's Office.
• Registering Paid or Out-of-State Circulators: If the initiative campaign will use paid or out-of-state circulators to collect signatures, they must register with the Arizona Secretary of State's Office.
• Circulating Petitions and Obtaining Signatures: The initiative petitions are then circulated, and signatures are collected from eligible voters. The number of required signatures depends on the type of measure: 15% of qualified electors for constitutional amendments and 10% for statutory amendments.
• Submitting Petitions to the Secretary of State: The signed petitions must be submitted to the Arizona Secretary of State's Office by the specified deadline, which is usually four months before the next general election.
• Signature Verification and Processing: The Secretary of State and County Recorders then process the petitions to verify the signatures and determine if the measure qualifies for the ballot.
• Ballot Placement and Voter Approval: If enough valid signatures are submitted, the proposed measure will be placed on the ballot in the next general election. Voters then cast their votes, with a simple majority required for the measure to pass, except for tax-related measures, which require a 60% majority.

Key Requirements and Considerations

• Single-Subject Rule: The Arizona Constitution includes a single-subject rule for citizen-initiated ballot measures, meaning each initiative can only address one topic.
• Subject Restrictions: While there are no specific subject restrictions, initiatives that mandate state expenditures must designate a funding source.
• Veto Referendums: Voters in Arizona also have the power to repeal legislation through veto referendums, except for laws deemed immediately necessary for public peace, health, safety, or the support of state government.
• Competing Initiatives: In the event of conflicting measures, the one with the most "yes" votes supersedes the other on points of conflict, but the other measure is not wholly superseded.
• Signature Requirements: The number of signatures needed is based on the votes cast for the governor in the preceding election. For constitutional amendments, it's 15%, while for statutory amendments, it's 10%.
• Distribution Requirements: Arizona does not have specific distribution requirements, but signatures can be collected from any county or congressional district.
• Circulator Requirements: Circulators must sign affidavits before a public notary, affirming that they witnessed every act of signing the petition. They must also disclose whether they are paid or volunteer circulators.
• Deadlines: There is a 24-month period to collect signatures, and they must be submitted four months before the election for the measure to appear on the ballot.
• Ballot Title and Summary: After petition certification, each measure receives a number and an official title, along with a descriptive summary explaining the impact of a "yes" or "no" vote.
• Legislative Alteration: The Arizona Legislature cannot repeal or amend an approved initiative without voter approval. Amendments require a 3/4 supermajority and must further the purposes of the original measure.

Requirements for initiatives to become law

The process of an initiative becoming a law in Arizona involves several steps, and there are specific requirements that must be met for an initiative to be successful. Here are the key requirements:

• Initiative petitions: The process begins with initiative petitions, where the proposed law or constitutional amendment is outlined. These petitions must be submitted to the Arizona Secretary of State's Office.
• Signature requirements: For an initiative to be placed on the ballot, it must have a certain number of valid signatures from registered voters. The specific requirement depends on the type of initiative. For a constitutional amendment, 15% of qualified electors' signatures are needed, while for a statutory amendment, the requirement is 10%.
• Filing deadline: The signatures must be filed at least four months before the next general election for the initiative to be included on that ballot. The deadline for the 2024 election cycle was July 3, 2024.
• Single-subject rule: The Arizona Constitution includes a single-subject rule for citizen-initiated ballot measures. This means that each initiative must focus on only one topic and cannot cover multiple subjects.
• Funding source requirement: Initiatives that mandate state expenditures must designate a funding source. This is a requirement for all initiatives, regardless of whether they are constitutional amendments or statutory amendments.
• Majority vote: For an initiative to become law, it must receive a majority vote (50% or more) during the election.
• Superseding initiative rule: In the case of conflicting initiatives, the one with the most "yes" votes takes precedence. However, the other initiative is not completely superseded.
• Legislative alteration limitations: The Arizona State Legislature has limited power to repeal or amend initiatives that have been approved by voters. They can only make changes that "further the purposes" of the initiative and must pass with a 3/4 supermajority.
• Campaign finance laws: The initiative process is subject to campaign finance laws, and the Arizona Secretary of State is responsible for enforcing these laws. This includes requirements for reporting contributions and expenditures.

Referendum process

The referendum is a process in Arizona that allows the voting public to approve or reject current legislation. The state legislature may choose to refer any legislation to the public for approval, but any bills proposing an amendment to the state constitution must be subject to a referendum. A simple majority of 50% is required for the enactment of the legislation.

The public can also force a referendum on any pending legislation. This requires a petition signed by no less than 5% of the registered voters. To ensure enough time for any potential referendum, no passed legislation may take effect for at least 90 days.

The Arizona Constitution makes provisions for the passage of emergency legislation that is exempt from a referendum. This type of legislation must pertain to the peace, safety, or health of the population, or to ensure the continued function of the state government in emergency situations. Emergency legislation must pass with a 2/3 majority in both houses, as opposed to a simple majority.

Emergency legislation

In Arizona, emergency legislation is not subject to a veto referendum. This means that the public cannot repeal emergency laws through a petition.

The Arizona Constitution defines emergency legislation as laws that are "immediately necessary for the preservation of the public peace, health, or safety, or for the support and maintenance of the departments of the state government and state institutions."

For a bill to be considered emergency legislation, it must first be passed by a two-thirds majority in both houses of the legislature, instead of a simple majority. The bill must also include a separate section explaining why it needs to become operative immediately. Additionally, the governor must approve the bill, and if they veto it, a three-fourths majority in both houses is required to pass it.

Criticisms of the initiative process

The initiative process in Arizona has been criticised for its susceptibility to overuse and abuse. In 2006, there were a record 19 initiatives on the ballot, leading to concerns that voters could become confused or fatigued by the number of choices. This has led to legislators considering limiting or exerting more control over the process. However, any attempt to alter the initiative and referendum process would require an amendment to the state constitution and would, therefore, be put forward as a referendum.

The initiative process in Arizona is extensive, but not new. In the 1914 elections, a total of 15 initiatives were presented to voters.

Frequently asked questions