Proposals To Initiatives: Understanding Az Law

In Arizona, voters can propose new laws or amendments to existing laws by gathering signatures from registered voters to place the issue on the ballot. This is known as the initiative process, which is provided for in the Arizona Constitution. The number of signatures required depends on the type of proposal: 15% of qualified electors for a constitutional amendment and 10% for a statutory amendment. The signatures must be filed with the Arizona Secretary of State's Office at least four months before the next general election. If enough valid signatures are submitted, the proposal will be placed on the ballot, and a simple majority is needed for it to pass and become law.

The number of signatures required to place a measure on the ballot

In Arizona, the number of signatures required to place a measure on the ballot depends on the type of measure and the total number of votes cast for the governor in the preceding election.

The Arizona Constitution requires valid signatures from 15% of qualified electors to place an initiative proposing a constitutional amendment on the ballot, and valid signatures from 10% of qualified electors for an initiative proposing a statutory amendment.

For the 2024 election cycle, the signature requirements for a constitutional amendment were 383,923, and for a statutory initiative measure, 255,949.

In addition, Arizona citizens can initiate veto referendums, which require 5% of the votes cast for the governor in the preceding election.

The timeline for collecting signatures

In Arizona, petitioners have twenty-four months to collect signatures for initiatives. Signatures must be filed with the Arizona Secretary of State's Office at least four months before the next general election. The deadline for the 2024 election cycle is July 3, 2024.

The number of signatures required depends on the type of citizen-initiated measure:

• Initiated constitutional amendment (ICA): 15% of the votes cast for governor in the preceding election
• Initiated state statute (ISS): 10% of the votes cast for governor in the preceding election
• Veto referendum (VR): 5% of the votes cast for governor in the preceding election

Signatures for veto referendums are due 90 days following the adjournment of the legislative session at which the targeted bill was approved.

The process of applying to petition

• 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. Alternatively, you can designate an existing non-candidate political committee as the sponsor. (A.R.S. § 19-111(A)).
• Filing an Application for Serial Number: You must file an application for a serial number with the Arizona Secretary of State's Office. This application is a crucial step in the process, as it assigns a unique identifier to your initiative.
• Acquiring the Initiative Petition: After receiving the serial number, you need to acquire the appropriate initiative petition from the Arizona Secretary of State's Office. This petition will be the document that voters will sign to show their support for your proposed initiative.
• Registering Paid or Out-of-State Circulators: If you plan to use paid circulators or out-of-state circulators to collect signatures, they must register with the Arizona Secretary of State's Office. This step ensures compliance with Arizona's regulations on circulators. (A.R.S. § 19-118(A)).
• Circulating Petitions and Collecting Signatures: Once you have the initiative petition and have registered any necessary circulators, you can begin circulating the petitions and collecting signatures from eligible voters. It's important to ensure that all signatures are gathered in accordance with applicable laws and guidelines. (A.R.S. § 19-112(A)).
• Submitting Circulated Petitions: After you have collected the required number of signatures, you must submit the circulated petitions to the Arizona Secretary of State's Office by the specified deadline. The deadline is typically four months before the next general election. (Ariz. Const. Art. IV, pt. 1, § 1(4)).
• Petition Processing and Signature Verification: The Arizona Secretary of State and applicable County Recorders will then process the petitions and verify the signatures. They will determine if enough valid signatures have been gathered to place your initiative on the ballot. (A.R.S. §§ 19-121.01; 19-121.02).

By following these steps and meeting the requirements, you can successfully apply to petition and work towards placing your initiative on the ballot in Arizona.

The role of the Arizona Secretary of State

The Arizona Secretary of State is an elected state executive officer with a variety of administrative duties, including managing elections and keeping official records. The Secretary of State also takes over the office of governor if there is a vacancy or the incumbent is unable to discharge their duties.

In the context of initiatives, the Arizona Secretary of State's Office plays a crucial role in the process. Here are the key roles and responsibilities:

• Application for Serial Number: Before initiating the petition process, proponents of an initiative must file an Application for Serial Number with the Arizona Secretary of State's Office. This is a crucial step in the process.
• Petition Forms: The Arizona Secretary of State's Office provides the appropriate initiative petition forms to the proponents. These forms must be circulated to gather signatures from eligible voters.
• Circulator Registration: The Arizona Secretary of State's Office is responsible for registering paid and out-of-state circulators. These circulators must be registered with the Secretary of State's Office before they can collect signatures in support of an initiative.
• Submission of Petitions: Once the petitions have been circulated and signatures obtained, 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.
• Petition Processing: After receiving the petitions, the Secretary of State, along with the applicable County Recorders, is responsible for processing the petitions. They verify whether the required number of valid signatures has been obtained to qualify the initiative for the ballot.
• Ballot Placement: If the initiative meets the signature requirements, the Arizona Secretary of State's Office places the proposed statutory or constitutional amendment on the ballot for the next general election.
• Voter Information: The Secretary of State's Office provides voters with information about the initiatives on the ballot, including a description of the proposed measure and arguments for and against it.
• Election Oversight: As the chief election officer, the Secretary of State oversees the election process, certifies candidates and ballot measures, and trains election officials. They also ensure the integrity of the election process by testing voting devices used in various counties.

The requirements for circulators

In Arizona, circulators are permitted to sign the petition that they are circulating. Each initiative petition contains a mandatory circulator affidavit. Circulators are required to sign these affidavits before a public notary and must swear to and sign a statement, under penalty of law, that they personally witnessed every act of signing the petition. Those circulating petitions are required to be qualified to register to vote in the specific county, but residency is not necessary. Each petition form must show whether the circulator is a volunteer or a paid circulator according to the form of the petition dictated by law. Once circulation is completed, the signatures are submitted to the Arizona Secretary of State with no more than fifteen signatures per sheet.

Circulators who are not residents of Arizona and all paid circulators must register with the Arizona Secretary of State before circulating petitions. The committee circulating the petition must collect and submit the completed registration applications to the Secretary of State. The circulator registration application must include the circulator's full name, residence address, telephone number, email address, the petition they will gather signatures for, a statement consenting to the jurisdiction of Arizona's courts in resolving any disputes concerning the circulation of petitions, the address of the committee in Arizona for which the circulator is gathering signatures and at which the circulator will accept service of process related to disputes, and an affidavit from the registered circulator that is signed before a notary public and that includes a declaration that the circulator is eligible to register as a circulator in the state of Arizona, that all of the information provided is correct to the best of their knowledge, and that they have read and understand Arizona election laws applicable to the collection of signatures for a statewide initiative or referendum.

A person may not register as a circulator if they have had a civil or criminal penalty imposed for a violation of Title 16 or this title within the immediately preceding five years, have been convicted of treason or a felony and have not been restored to civil rights, or have been convicted of any criminal offense involving fraud, forgery, or identity theft. If a registered circulator is properly served with a subpoena to provide evidence in an action regarding the circulation of petitions and fails to appear or produce documents as provided for in the subpoena, all signatures collected by that circulator are deemed invalid.

Frequently asked questions