ARIZONA STATE SENATE
Phoenix, Arizona
referendum;
required signatures
Authorizes the use of an alternative basis for computing the number of necessary signatures required to file a referendum petition in a municipal election if an alternative basis is provided in a city or town ordinance or charter.
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. Municipal procedures with respect to municipal legislation are nearly the same as the procedures relating to initiative and referendum provided for the state at large.
To allow opportunity for referendum petitions, a municipal ordinance, resolution or franchise can not become effective until 30 days after its passage with the exception of emergency measures which require the affirmative vote of three-fourths of the governing body. Under the power of the referendum, a referendum petition must be filed with the municipal clerk within 30 days after the passage of the ordinance, resolution or franchise. The Constitutions authorizes ten percent of the electors to order the submission of any ordinance, resolution or franchise to the people to approve or reject at the polls. Cities and towns may prescribe the basis on which the percentages shall be calculated. Statute establishes the whole number of votes cast in the last municipal election at which a mayor or councilman where chosen as the basis to calculate the number of signatures needed to file a referendum.
S.B. 1329 allows a city or town to use of an alternative basis for computer the number of necessary signatures if provided for in a city or town charter or ordinance.
There is no fiscal impact to the state general fund associated with this legislation.
1. Authorizes the use of the whole number of qualified electors of the municipality as of the last preceding municipal election as an alternative method for computing the number of necessary signatures required to file a referendum petition, if the alternative method is provided by charter or ordinance.
2. Extends the protection of the initiative or referendum petition from changes in the law regarding circulation to cities and towns.
3. Makes a conforming change.
4. Provides for a general effective date.
Prepared by Senate Staff
February 28, 2002