------------------------------------------------------------------------------------------ ¦ REFERENCE TITLE: initiative and referendum; pamphlet; signatures ¦ ------------------------------------------------------------------------------------------ ¦ ¦ ¦ ¦ ¦ ¦ ¦ State of Arizona ¦ ¦ House of Representatives ¦ ¦ Forty-fifth Legislature ¦ ¦ First Regular Session ¦ ¦ 2001 ¦ ------------------------------------------------------------------------------------------ ¦ HB 2556 ¦ ------------------------------------------------------------------------------------------ ¦ Introduced by ¦ ¦ Representatives McClure, Blendu, Cooley: Allen, Anderson, Binder, Carruthers, Chase, ¦ ¦ Gray, Hanson, Hershberger, Huffman, Huppenthal, Knaperek, Kraft, Maiorana, Nelson, ¦ ¦ Poelstra, Somers, Tully, Senators Bee, Hellon ¦ ------------------------------------------------------------------------------------------
AN ACT
AMENDING SECTIONS 19-111, 19-121.05, 19-124 AND 19-125, ARIZONA REVISED STATUTES; RELATING TO INITIATIVE AND REFERENDUM.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 19-111, Arizona Revised Statutes, is amended to read:
19-111. Number for petition; official title
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. WITHIN TEN DAYS AFTER RECEIPT OF THE APPLICATION, THE SECRETARY OF STATE SHALL PREPARE AN OFFICIAL TITLE FOR THE PROPOSED LAW, CONSTITUTIONAL AMENDMENT OR MEASURE. THIS OFFICIAL TITLE SHALL BE APPENDED TO THE PETITION BEFORE SIGNATURES MAY BE COLLECTED, AND THE PETITION AND TEXT SHALL NOT BEAR ANY TITLE OTHER THAN THE OFFICIAL TITLE THAT IS PREPARED BY THE SECRETARY OF STATE AND THE INITIATIVE OR REFERENDUM DESCRIPTION AS PRESCRIBED BY SECTION 19-101 OR 19-102.
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. THE SECRETARY OF STATE SHALL ALSO FURNISH THE APPLICANT WITH A NOTICE THAT THE LEGISLATIVE COUNCIL WILL REVIEW THE APPLICANT'S PROPOSED LAW, CONSTITUTIONAL AMENDMENT OR MEASURE AND WILL MAKE AVAILABLE TO THE PUBLIC A COPY OF ITS RECOMMENDATIONS AS PRESCRIBED BY SECTION 19-124 AND THAT THE APPLICANT MAY REQUEST THE REVIEW BEFORE THE APPLICANT COLLECTS SIGNATURES.
D. The eight point type required by subsection A OF THIS SECTION shall not apply to maps, charts or other graphics.
Sec. 2. Section 19-121.05, Arizona Revised Statutes, is amended to read:
19-121.05. Special fund for reimbursement of county recorders; civil penalty
A. The secretary of state shall establish a separate fund from which he THE
SECRETARY OF STATE shall reimburse a county recorder for actual expenses incurred by
the county recorder for performance of his THE COUNTY RECORDER'S 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.
D. IF ANY PETITION IS EXAMINED BY A COUNTY RECORDER PURSUANT TO THIS ARTICLE AND THE EXAMINATION RESULTS IN AN INVALIDITY RATE OF ONE-THIRD OR MORE FOR THE TOTAL OF SIGNATURES SUBMITTED, THE FOLLOWING APPLY:
1. THE POLITICAL COMMITTEE, THE POLITICAL COMMITTEE CHAIRMAN AND THE POLITICAL COMMITTEE TREASURER ARE JOINTLY AND SEVERALLY LIABLE TO THE SECRETARY OF STATE FOR THE COUNTY RECORDERS' COSTS FOR EXAMINATION AND VERIFICATION OF SIGNATURES.
2. THE AMOUNT OF THE LIABILITY IS THE AMOUNT OF ACTUAL EXPENSES INCURRED BY COUNTY RECORDERS FOR THE PERFORMANCE OF THEIR DUTIES UNDER SECTION 19-121.02 BUT NOT TO EXCEED THE RATE OF FIFTY CENTS PER SIGNATURE.
3. THE ATTORNEY GENERAL SHALL ENFORCE AND COLLECT THE COSTS PRESCRIBED BY THIS SUBSECTION AS A CIVIL PENALTY.
Sec. 3. Section 19-124, Arizona Revised Statutes, is amended to read:
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 OF THE ORGANIZATION, 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 E OF THIS SECTION
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, OR EARLIER IF REQUESTED IN WRITING BY AN APPLICANT PURSUANT TO SECTION 19-111, THE LEGISLATIVE COUNCIL SHALL REVIEW THE PROVISIONS OF EACH MEASURE INITIATED OR REFERRED BY THE PEOPLE FOR SUBSTANTIVE IMPORT, UNCLEAR OR INCONSISTENT PROVISIONS AND CONFLICTS WITH EXISTING LAW AND SHALL RECOMMEND APPROPRIATE CHANGES TO THOSE PROVISIONS. THE RECOMMENDATIONS ARE ADVISORY ONLY, AND THE APPLICANT MAY REJECT ANY OR ALL RECOMMENDATIONS. THE LEGISLATIVE COUNCIL SHALL MAKE AVAILABLE TO THE PUBLIC ITS RECOMMENDED CHANGES FOR ANY MEASURE OR CONSTITUTIONAL AMENDMENT.
B. C. 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. D. The analyses PRESCRIBED BY SUBSECTION C OF THIS SECTION and
THE 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. E. 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 PURCHASE OF
THE paper and THE 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. F. 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. G. 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 OF THIS SECTION, the secretary of state may
establish a separate deadline for filing the referendum ballot arguments pursuant to
rules adopted by the secretary of state.
Sec. 4. Section 19-125, Arizona Revised Statutes, is amended to read:
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 AS PROVIDED BY THE SECRETARY OF STATE PURSUANT TO SECTION 19-111, SUBSECTION B, 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 AND THAT INCLUDES THE FOLLOWING 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.