Understanding Arizona's Lawmaking Process: Bills To Laws

In Arizona, a bill can become a law in one of two ways: via the traditional legislative process or via the ballot. The traditional legislative process involves a bill being filed, undergoing committee hearings, passing through the chamber of origin and crossover chamber, and finally, being sent to the governor for signature or veto. If a bill is approved by the governor, it becomes law 90 days after the legislative session ends. On the other hand, the ballot approach, which is unique to Arizona, allows citizens to vote directly on legislation, either through a legislative referral, citizen initiative, or citizen referendum.

Legislative process vs ballot

Arizona's legislative process allows for the creation and modification of laws through the collaboration of elected officials and, uniquely, direct participation from its citizens. The state offers two avenues for change: the legislative process and the ballot initiative process.

The legislative process in Arizona involves the state legislature, composed of the House of Representatives and the State Senate, proposing and voting on new laws or amendments. A simple majority is typically sufficient for passing legislation, and the governor's signature may or may not be required, depending on the type of measure. For instance, legislatively referred constitutional amendments and state statutes do not need the governor's approval to be placed on the ballot.

On the other hand, the ballot initiative process, also known as direct democracy, empowers Arizona citizens to propose and enact laws or constitutional amendments directly through their votes. This process bypasses the state legislature and allows citizens to initiate change by gathering the required number of signatures. The number of signatures varies depending on the type of measure: 383,923 signatures for a constitutional amendment and 255,949 for a law in 2024. Notably, Arizona also allows for veto referendums, where citizens can challenge existing laws through a ballot measure, requiring 127,975 signatures in 2024.

Both processes contribute to the legislative landscape in Arizona. The legislative process relies on the work of elected officials who draft, debate, and vote on proposed laws. It follows a structured procedure and allows for more nuanced consideration of complex issues. In contrast, the ballot initiative process gives citizens a direct say in law-making, enabling them to drive change on issues they feel strongly about. This process can be more efficient and responsive to the will of the people but may also result in laws that lack the scrutiny and expertise of the traditional legislative process.

In summary, while the legislative process in Arizona follows a traditional path of law-making through elected representatives, the ballot initiative process empowers citizens to take an active role in shaping the laws that govern them. Both mechanisms contribute to a dynamic and responsive legislative environment in the state.

The role of the governor

The governor of Arizona is the leader of the state and the head of the executive branch of the Arizona government. The governor is elected by popular vote to a four-year term and can serve a maximum of two consecutive terms. The governor's duties include signing bills into law or allowing them to become law by not signing them, as well as having the power to veto a bill. The governor also has the authority to sign executive orders and call the Legislature into Special session for urgent action.

The governor plays a crucial role in the state's budgeting process, appointing state directors and justices, and replacing vacated seats in the Senate. They are also responsible for ensuring that all laws of Arizona are faithfully upheld and transacting all state business within the executive branch.

Additionally, the governor of Arizona serves as the Commander-in-Chief of the state's National Guard and has the power to grant reprieves, commutations, and pardons, except in cases of treason and impeachment.

In the event of a vacancy in the office of the governor, Arizona, unlike most other states, does not have a lieutenant governor to succeed them. Instead, the Secretary of State is next in line to assume the office, provided they meet the eligibility requirements. If not, the Attorney General, followed by the State Treasurer and Superintendent of Public Instruction, are in line to succeed, subject to the same criteria.

Legislative Council's role

The Legislative Council is a 14-member committee consisting of the President of the Senate, who appoints six Senators, and the Speaker of the House of Representatives, who appoints six Representatives. Members serve two-year terms. The Council is chaired in alternate years by the President of the Senate and the Speaker of the House of Representatives.

The Council's purpose is to improve the quality of legislation and ensure the legislative branch's full participation in determining and reviewing policy and the administration of state affairs. The Council staff provides nonpartisan support to all members of the Legislature, including bill drafting, research, computer and administrative services.

The Director of the Council is responsible for various tasks, including publishing a bill drafting manual, a report on defects in the constitution and the laws of the state, and preparing session laws and other enacted laws for publication at the end of each session. The Director also blends sections of the statute that have been added or amended by two or more enactments. Additionally, the Director operates, manages, and controls certain portions of the state capitol building and adjacent grounds.

The Council staff's specific duties include preparing all bills, memorials, resolutions, and amendments for consideration during each legislative session. They also review every law passed by the Legislature, making clerical corrections and drafting explanatory notes as needed before delivering them for publication. The staff performs legal research at the request of legislators and publishes annual reports such as the Arizona Legislative Bill Drafting Manual and the Annual Report on Defects in the Arizona Revised Statutes and State Constitution.

Furthermore, the Council staff provides information technology support for the House of Representatives, the Senate, and the Joint Legislative Budget Committee. They maintain a website for the Legislature, providing detailed information on bills, legislative committee activities, and their status. Additionally, the staff provides management and support services for various legislative buildings and properties.

Citizen initiatives

In Arizona, citizens can propose new laws or constitutional amendments through the initiative process. This is done by gathering signatures from registered voters to place the issue on the ballot. 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 a statutory amendment. The person or organisation putting forward the initiative must file these signatures 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. A "yes" vote enacts the new law or constitutional amendment, while a "no" vote retains the existing law.

The process for preparing an initiative is as follows:

• Form a political committee through the Arizona Secretary of State's online system, Beacon, or designate an existing (non-candidate) political committee to act as the petition sponsor.
• File an Application for Serial Number with the Arizona Secretary of State's Office.
• Acquire the appropriate initiative petition from the Arizona Secretary of State's Office.
• Ensure any paid or out-of-state circulators have registered with the Arizona Secretary of State's Office.
• Circulate petitions and obtain signatures from eligible voters.
• Submit circulated petitions to the Arizona Secretary of State's Office by the deadline.

The Secretary of State and applicable County Recorders will then process the petitions and determine whether enough signatures were gathered to place the measure on the ballot.

In Arizona, the number of signatures needed to place a measure on the ballot is based on the total number of votes cast for the governor in the preceding election. For the 2024 election cycle, the deadline for filing initiative petitions is July 3, 2024. The signature requirements for a constitutional amendment are 383,923, and for a statutory initiative measure, 255,949.

Proposition 134, a ballot measure, would introduce a new requirement for citizen initiatives to include signatures from a certain percentage of voters in each of Arizona's 30 legislative districts. This would be a change from the current process, where signatures can come from anywhere in the state. The threshold for a constitutional amendment would be 15% of each district's voters, and for a referendum, 5%.

Legislative referral

In Arizona, a bill can become a law through the traditional legislative process or via the ballot. Legislative referral is one of three ways that legislation can reach the ballot.

The first way a bill can become a law in Arizona is through the traditional legislative process. All bills begin with an idea, which can come from anyone, including citizens, community organizations, businesses, lobbyists, "think tanks", special interest groups, the governor, lawmakers, or campaign donors. Once an idea is ready to be turned into a bill, its proponent presents it to a legislator or group of legislators, after which the legislator agrees to sponsor the bill for introduction and it is filed with the Secretary or Chief Clerk, who assigns it a bill number. The bill then goes through several steps, including first reading and committee assignment, committee hearings, chamber crossover, legislative passage, and finally, the governor's desk, where the governor decides whether to sign the bill into law.

The second way a bill can become a law in Arizona is via the ballot through a legislative referral. This process allows the legislature to refer language for a statutory initiative or constitutional amendment directly to the ballot to be voted on in a future election. This is done with a simple majority vote in both chambers, and the governor's signature is not required. Legislative referral is often used when the legislature needs voter permission for its action, such as when attempting to change the state's Constitution, or when a legislative supermajority vote would otherwise be required, such as for a funding increase.

The third way a bill can become a law in Arizona is via the ballot through a citizen initiative. Any citizen or organization can gather signatures to place a statutory initiative or constitutional amendment on the ballot to be voted on in a future election. This process is heavily regulated by the legislature and typically requires a significant amount of time and resources.

The fourth way a bill can become a law in Arizona is via the ballot through a citizen referendum. Any citizen or organization can gather signatures to place a previously passed law on the ballot as a referendum to be voted on in a future election. A "Yes" vote upholds the measure as law, while a "No" vote overturns it. Like the citizen initiative process, this one is also typically time-consuming and costly.

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