ARIZONA STATE SENATE
Phoenix, Arizona
elections;
petition amendments
Modifies the procedures and requirements for filing referendum, initiative and recall petitions.
Article IV, Part 1, Section 1 of the Constitution of Arizona reserves the power to the people to propose laws and amendments to the constitution, propose any measure and enact or reject such laws and amendments in a popular vote. A measure that is enacted by the Legislature is not operative for a period of 90 days after the adjournment of the session. During this 90-day period, five percent of the qualified electors may file a petition with the Secretary of State to have the measure referred to the people for approval or rejection. Currently, statute requires initiatives and referendums to be referred to the voters for their approval or rejection at the next regular general election or county, city or town election. S.B. 1285 requires the measure to be referred to the voters at the next consolidated election to be held at least 120 days after the petition is filed.
When a person chooses to vote by mail, a voter may receive a replacement ballot if they sign a sworn statement that the ballot was lost, spoiled, destroyed or not received. As a result, in some cases voters may cast more than one vote. This legislation designates the first ballot received as the official vote to be counted.
Candidates running for office or individuals initiating a recall petition sometimes only list a post office address, making it impossible to certify that these individuals live in the district. In 2001, the Legislature passed legislation to require a person to provide an actual address or description of place of residence and post office address on nomination petitions for candidates in a primary election initiative petitions and recalls, however this requirement was not included for partisan elections (Laws 2001, Chapter 169). S.B. 1285 conforms the party nomination statutes regarding the candidate’s actual residence address with those amended last year.
There is no fiscal impact to the state general fund associated with this legislation.
1. Designates a consolidated election that is held at least 120 days after the date of filing a referendum or initiative petition rather than the next general election for the referral of a measure to the people. Applies only to petitions filed after the effective date of this act.
2. Stipulates that signatures obtained on a referendum or initiative petition before the political committee supporting the petition has filed a statement of organization or a $500 threshold exemption statement are void. Applies only to petitions filed after the effective date of this act.
3. Exempts recall petitions from the designating if the circulator is paid or a volunteer and stipulates that signatures are valid without the designation.
4. Authorizes the placement of nominated candidates on the official recall ballot after filing a nomination petition that is signed by at least two percent of the total votes cast for all candidates for that office at the last election for that office.
5. Requires the nomination petition signers to be qualified electors of the district of the officer against whom the recall petition is filed.
6. Requires a political committee that makes expenditures to influence the results of a ballot proposition election to include the committee’s name, the official serial number for the petition and the committee’s support or opposition of the passage of the ballot measure in the statement of organization.
7. Requires the first, rather than the last, ballot received to be counted if an elector who receives a replacement ballot votes more than once.
8. Requires, effective January 1, 2003, an address to provide the person’s actual residence address or description of the place of residence.
9. Contains technical and conforming changes.
10. Provides for a general effective date unless otherwise provided.
Prepared by Senate Staff
February 6, 2002