Arizona Signature Distribution Requirement for Initiatives Amendment (2024)
| Arizona Distribution Requirement for Initiatives Amendment | |
|---|---|
 | |
| Election date November 5, 2024 | |
| Topic Direct democracy measures | |
| Status On the ballot | |
| Type Constitutional amendment | Origin State legislature |
The Arizona Distribution Requirement for Initiatives Amendment is on the ballot in Arizona as a legislatively referred constitutional amendment on November 5, 2024.[1]
A "yes" vote supports establishing a signature distribution requirement for citizen initiatives, meaning that instead of requiring 10% of votes cast for governor statewide for initiated state statutes for the ballot, and 15% of votes cast for governor statewide to qualify initiated constitutional amendments for the ballot, the initiative would:
|
A "no" vote opposes requiring signatures from each legislative district for initiated ballot measures. |
Overview
How would this amendment change the initiative process in Arizona?
- See also: Text of measure
The constitutional amendment would require that a percentage of signatures for initiative petitions come from each legislative district in Arizona. This is known as a signature distribution requirement. The current signature requirement to get an initiative petition on the ballot in Arizona is equal to 10% or 15% of qualified electors in the state for state statutes and constitutional amendments, respectively.[1]
If approved, the amendment would provide that the initiative signature requirement would be 10% of votes cast for governor in each legislative district to qualify initiated state statutes for the ballot, and 15% of votes cast for governor in each legislative district to qualify initiated constitutional amendments for the ballot.[1]
Do other states have distribution requirements?
- See also: Distribution requirements by state
A signature distribution requirement, also known as a geographic signature requirement, is a law that provides that ballot initiative petitions must be signed by voters from multiple political subdivisions, such as counties or legislative districts, in order for the initiative to qualify for the ballot.
Of the 26 states that provide for statewide citizen-initiated ballot measures, 16 states require signature distribution requirements.
- Seven states have distribution requirements based on counties;
- Five state have distribution requirements based on state legislative districts; and
- Four states have distribution requirements based on congressional districts.
Washington, D.C., as well as some cities throughout the U.S., also have distribution requirements for local citizen-initiated ballot measures, which are often based on ward districts.
How did this amendment get on the ballot?
- See also: Path to the ballot
This ballot measure is a legislatively referred constitutional amendment, which requires a majority of members of both chambers of the state legislative to approve it.
The amendment was introduced to the Arizona State Legislature on January 1, 2023. It passed the Arizona State Senate on February 14, 2023 by a 16-13 vote, with all 16 Republican members of Senate voting for it and 13 Democratic members of the Senate voting against it (with one Democratic senator not voting). On June 12, 2023, the Arizona House of Representatives voted 31-29 to pass the amendment, with all 31 Republican members of the House voting for it and all 29 Democratic members of the House voting against it.[1]
Text of measure
Constitutional changes
- See also: Arizona Constitution
The ballot measure would amend Article IV, Part 1, Section 1 of the Arizona Constitution. The following underlined text would be added and struck-through text would be deleted:[1]
Note: Use your mouse to scroll over the below text to see the full text.
Text of Section 1: Legislative Authority; Initiative and Referendum (1) Senate; house of representatives; reservation of power to people. The legislative authority of the state shall be vested in the legislature, consisting of a senate and a house of representatives, but the people reserve the power to propose laws and amendments to the constitution and to enact or reject such laws and amendments at the polls, independently of the legislature; and they also reserve, for use at their own option, the power to approve or reject at the polls any act, or item, section, or part of any act, of the legislature. (2) Initiative power. The first of these reserved powers is the initiative. For statewide measures, under this power ten percent of the qualified electors from each legislative district shall have the right to propose any statewide measure, and fifteen percent of the qualified electors from each legislative district shall have the right to propose any amendment to the constitution. (3) Referendum power; emergency measures; effective date of acts. The second of these reserved powers is the referendum. Under this power the legislature, or, for statewide measures, five percent of the qualified electors from each legislative district, may order the submission to the people at the polls of any measure, or item, section or part of any measure, enacted by the legislature, except laws immediately necessary for the preservation of the public peace, health or safety, or for the support and maintenance of the departments of the state government and state institutions; but to allow opportunity for referendum petitions, no act passed by the legislature shall be operative for ninety days after the close of the session of the legislature enacting such measure, except such as require earlier operation to preserve the public peace, health or safety, or to provide appropriations for the support and maintenance of the departments of the state and of state institutions; provided, that no such emergency measure shall be considered passed by the legislature unless it shall state in a separate section why it is necessary that it shall become immediately operative, and shall be approved by the affirmative votes of two-thirds of the members elected to each house of the legislature, taken by roll call of ayes and nays, and also approved by the governor; and should such measure be vetoed by the governor, it shall not become a law unless it shall be approved by the votes of three-fourths of the members elected to each house of the legislature, taken by roll call of ayes and nays. (4) Initiative and referendum petitions; filing. All petitions submitted under the power of the initiative shall be known as initiative petitions, and shall be filed with the secretary of state not less than four months preceding the date of the election at which the measures so proposed are to be voted upon. All petitions submitted under the power of the referendum shall be known as referendum petitions, and shall be filed with the secretary of state not more than ninety days after the final adjournment of the session of the legislature which shall have passed the measure to which the referendum is applied. The filing of a referendum petition against any item, section or part of any measure shall not prevent the remainder of such measure from becoming operative. (5) Effective date of initiative and referendum measures. Any measure or amendment to the constitution proposed under the initiative, and any measure to which the referendum is applied, shall be referred to a vote of the qualified electors, and for an initiative and referendum to approve a tax, shall become law when approved by sixty percent of the votes cast thereon and (6) (A) Veto of initiative or referendum. The veto power of the governor shall not extend to an initiative measure to approve a tax that is approved by sixty percent of the votes cast thereon or to a referendum measure to approve a tax that is decided by sixty percent of the votes cast thereon and for all other initiatives and referendums, the veto power of the governor shall not extend to initiatives and referendums approved by a majority of the votes cast thereon. (6) (B) Legislature's power to repeal initiative or referendum. The legislature shall not have the power to repeal an initiative measure to approve a tax that is approved by sixty percent of the votes cast thereon or to repeal a referendum measure to approve a tax that is decided by sixty percent of the votes cast thereon and for all other initiatives and referendums, the legislature shall not have the power to repeal an initiative measure approved by a majority of votes cast theron and shall not have the power to repeal a referendum measure decided by a majority of the votes cast theron. (6) (C) Legislature's power to amend initiative or referendum. The legislature shall not have the power to amend an initiative measure to approve a tax that is approved by sixty percent of the votes cast thereon, or to amend a referendum measure to approve a tax that is decided by sixty percent of the votes cast thereon, unless the amending legislation furthers the purposes of such measure and at least three-fourths of the members of each house of the legislature, by a roll call of ayes and nays, vote to amend such measure. For all other initiatives and referendums, the legislature shall not have the power to amend an initiative measure approved by a majority of votes cast theron and shall not have the power to amend a referendum measure decided by a majority of the votes cast theron, unless the amending legislation furthers the purposes of such a measure and at least three-fourths of the members of each house of the legislature, by a roll call of ayes and nays, vote to amend such measure (6) (D) Legislature's power to appropriate or divert funds created by initiative or referendum. The legislature shall not have the power to appropriate or divert funds created or allocated to a specific purpose by an initiative measure that also approves a tax that is approved by sixty percent of the votes cast thereon, or by a referendum measure that also approves a tax that is decided by sixty percent of the votes cast thereon, unless the appropriation or diversion of funds furthers the purposes of such measure and at least three-fourths of the members of each house of the legislature, by a roll call of ayes and nays, vote to appropriate or divert such funds. For all other initiatives and referendums, the legislature shall not have the power to appropriate or divert funds created or allocated to a specific purpose by an initiative measure approved by a majority of the votes cast thereon and shall not have the power to appropriate or divert funds created or allocated to a specific purpose by a referendum measure decided by a majority of the votes cast thereon, unless the appropriation or diversion of funds furthers the purposes of such measure and at least three-fourths of the members of each house of the legislature, by a roll call of ayes and nays, vote to appropriate or divert such funds. (7) Number of qualified electors. The whole number of votes cast for all candidates for governor at the general election last preceding the filing of any initiative or referendum petition on a state or county measure shall be the basis on which the number of qualified electors required to sign such petition shall be computed. (8) Local, city, town or county matters. The powers of the initiative and the referendum are hereby further reserved to the qualified electors of every incorporated city, town and county as to all local, city, town or county matters on which such incorporated cities, towns and counties are or shall be empowered by general laws to legislate. Such incorporated cities, towns and counties may prescribe the manner of exercising said powers within the restrictions of general laws. Under the power of the initiative fifteen percent of the qualified electors may propose measures on such local, city, town or county matters, and ten percent of the electors may propose the referendum on legislation enacted within and by such city, town or county. Until provided by general law, said cities and towns may prescribe the basis on which said percentages shall be computed. (9) Form and contents of initiative and of referendum petitions; verification. Every initiative or referendum petition shall be addressed to the secretary of state in the case of petitions for or on state measures, and to the clerk of the board of supervisors, city clerk or corresponding officer in the case of petitions for or on county, city or town measures; and shall contain the declaration of each petitioner, for himself, that he is a qualified elector of the state (and in the case of petitions for or on city, town, or county measures, of the city, town or county affected), his post office address, the street and number, if any, of his residence, and the date on which he signed such petition. Every initiative measure shall embrace but one subject and matters properly connected therewith, which subject shall be expressed in the title; but if any subject shall be embraced in an initiative measure which shall not be expressed in the title, such initiative measure shall be void only as to so much thereof as shall not be embraced in the title. Each sheet containing petitioners' signatures shall be attached to a full and correct copy of the title and text of the measure so proposed to be initiated or referred to the people, and every sheet of every such petition containing signatures shall be verified by the affidavit of the person who circulated said sheet or petition, setting forth that each of the names on said sheet was signed in the presence of the affiant and that in the belief of the affiant each signer was for statewide measures a qualified elector of the appropriate legislative district and this state, or in the case of a city, town or county measure, of the city, town or county affected by the measure so proposed to be initiated or referred to the people. (10) Official ballot. When any initiative or referendum petition or any measure referred to the people by the legislature is filed, in accordance with this section, with the secretary of state, the secretary of state shall cause to be printed on the official ballot at the next regular general election the title and number of said measure, together with the words "yes" and "no" in such manner that the electors may express at the polls their approval or disapproval of the measure. (11) Publication of measures. The text of all measures to be submitted shall be published as proposed amendments to the constitution are published, and in submitting such measures and proposed amendments the secretary of state and all other officers shall be guided by the general law until legislation shall be especially provided therefore. (12) Conflicting measures or constitutional amendments. If two or more conflicting measures or amendments to the constitution shall be approved by the people at the same election, the measure or amendment receiving the greatest number of affirmative votes shall prevail in all particulars as to which there is conflict. (13) Canvass of votes; proclamation. It shall be the duty of the secretary of state, in the presence of the governor and the chief justice of the supreme court, to canvass the votes for and against each such measure or proposed amendment to the constitution within thirty days after the election, and upon the completion of the canvass the governor shall forthwith issue a proclamation, giving the whole number of votes cast for and against each measure or proposed amendment, and declaring such measures or amendments to approve a tax as are approved by sixty percent of those voting thereon to be law and for all other measures or amendments, declaring such measures as are approved by a majority of those voting theron to be law. (14) Reservation of legislative power. This section shall not be construed to deprive the legislature of the right to enact any measure except that the legislature shall not have the power to adopt any measure that supersedes, in whole or in part, any initiative measure to approve a tax that is approved by sixty percent of the votes cast thereon or any referendum measure to approve a tax decided by sixty percent of the votes cast thereon unless the superseding measure furthers the purposes of the initiative or referendum measure and at least three-fourths of the members of each house of the legislature, by a roll call of ayes and nays, vote to supersede such initiative or referendum measure. For all other initiatives and referendums, the legislature shall not have the power to adopt any measure that supersedes, in whole or in part, any initiative measure approved by a majority of the votes cast thereon and shall not have the power to adopt any measure that supersedes, in whole or in part, any referendum measure decided by a majority of the votes cast thereon, unless the superseding measure furthers the purposes of the initiative or referendum measure and at least three-fourths of the members of each house of the legislature, by a roll call of ayes and nays, vote to supersede such initiative or referendum measure. (15) Legislature's right to refer measure to the people. Nothing in this section shall be construed to deprive or limit the legislature of the right to order the submission to the people at the polls of any measure, item, section or part of any measure. (16) Self-executing. This section of the constitution shall be, in all respects, self executing. [2] |
Support
Supporters
Officials
- State Rep. David Livingston (R)
Arguments
Opposition
Opponents
Officials
- State Sen. Juan Mendez (D)
Arguments
Campaign finance
Ballotpedia has not identified ballot measure committees registered to support or oppose the ballot measure.[3]
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Background
Distribution requirements by state
- See also: Distribution requirement
Sixteen (16) states require signature distribution requirements for initiatives and referendums, including:
- Seven states with distribution requirements based on counties;
- Five state with distribution requirements based on state legislative districts; and
- Four states with distribution requirements based on congressional districts.
Ten (10) states with an initiative and referendum process do not have signature distribution requirements. The following map provides information on initiative signature distribution requirements:
States with signature distribution requirements
The following table outlines the signature distribution requirements for citizen-initiated ballot measures in each state that requires distribution requirements:
| Comparison of state ballot initiative distribution requirements | |||
|---|---|---|---|
| State | Type | Citizen-initiated state statute and veto referendum | Citizen-initiated constitutional amendment |
| Alaska | State legislative districts | Signatures from 7% of those who voted in the previous general election in 75% of the state’s 40 state House districts | N/A |
| Arkansas | Counties | Signatures equal to 4% of votes cast for governor in 50 of 75 counties | Signatures equal to 5% of votes cast for governor in 50 of 75 counties |
| Colorado | State legislative districts | None | Signatures from 2% of the registered voters who live in each of the state's 35 Senate districts |
| Florida | Congressional districts | N/A | Signatures equal to 8% of the district-wide vote in the most recent presidential election from at least half—14—of the state's 28 congressional districts |
| Idaho | State legislative districts | Signatures from 6% of the qualified electors at the time of the last general election in each of 18 of the state's 35 state legislative districts | N/A |
| Maryland | Counties | No more than half of the total signatures can come from any one county or Baltimore | N/A |
| Massachusetts | Counties | No more than 25% of the total signatures can come from any one county | No more than 25% of the total signatures can come from any one county |
| Mississippi | Congressional districts | N/A | No more than 20% (1/5) of the total signatures can be from any one congressional district[4] |
| Missouri | Congressional districts | Signatures equal to 5% of votes cast in the last gubernatorial election from 6 of 8 congressional districts | Signatures equal to 8% of votes cast in the last gubernatorial election from 6 of 8 congressional districts |
| Montana | State legislative districts | Signatures from 5% of qualified voters in each of 1/3 (34) of the state's 100 legislative districts | Signatures from 10% of qualified voters in each of 2/5 (40) of the 100 legislative districts |
| Nebraska | Counties | Signatures from 5% of registered voters in 40% (38) of the state's 93 counties | Signatures from 5% of registered voters in 40% (38) of the state's 93 counties |
| Nevada | Congressional districts | Signatures equal to 10% of total votes cast at the last general election in each of the state's four congressional districts | Signatures equal to 10% of total votes cast in the most recent general election in each of the state's four congressional districts |
| New Mexico | Counties | Signatures equal to 10% of the votes cast at the last general election in each of 75% (25) of the state's 33 counties | N/A |
| Ohio | Counties | Signatures equal to 3% of votes cast at the last gubernatorial election in half (44) of the state's 88 counties | Signatures equal to 5% of votes cast at the last gubernatorial election in half (44) of the state's 88 counties |
| Utah | State legislative districts | Initiative: Signatures from 8% of active voters as of January 1 of odd years in 26 of 29 state Senate districts Referendum: Signatures from 8% of active voters as of January 1 of odd years in 15 of 29 state Senate districts |
N/A |
| Wyoming | Counties | Signatures equal to 15% of votes cast in the last general election in 2/3 (16) of the state's 23 counties | N/A |
Arizona signature requirements
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.
The following are the requirements for the types of citizen-initiated measures in Arizona:
- initiated constitutional amendment (ICA): 15 percent of the votes cast for governor
- initiated state statute (ISS): 10 percent of the votes cast for governor
- veto referendum (VR): 5 percent of the votes cast for governor
Below are the signature requirements that initiative proponents must meet to get their initiatives on the ballot in that year, with gubernatorial election years bolded.
| Year | Amendment | Statute | Veto referendum |
|---|---|---|---|
| 2024 | 383,923 | 255,949 | 127,975 |
| 2022 | 356,467 | 237,645 | 118,823 |
| 2020 | 356,467 | 237,645 | 118,823 |
| 2018 | 225,963 | 150,642 | 75,321 |
| 2016 | 225,963 | 150,642 | 75,321 |
| 2014 | 259,213 | 172,809 | 86,405 |
| 2012 | 259,213 | 172,809 | 86,405 |
| 2010 | 230,047 | 153,365 | 76,682 |
| 2008 | 230,047 | 153,365 | 76,682 |
| 2006 | 183,917 | 122,612 | 61,306 |
| 2004 | 183,917 | 122,612 | 61,306 |
| 2002 | 152,643 | 101,762 | 50,881 |
| 2000 | 152,643 | 101,762 | 50,881 |
| 1998 | 169,442 | 112,961 | 56,481 |
| 1996 | 169,442 | 112,961 | 56,481 |
See law: Arizona Constitution, Article IV, Part 1, Section 1, ¶ 2-3, 7
Ballot measures that require signature distribution requirements
Previous measures on the ballot to change signature distribution requirements were:
- Ohio Issue 1 (2023): The constitutional amendment requires voter approval on November 5, 2024. The constitutional amendment was designed to create a signature distribution requirement for citizen-initiated ballot measures. As of 2023, a campaign for a citizen-initiated statute needed to collect signatures equal to 10% percent of the votes cast for governor in the last gubernatorial election, a campaign for a citizen-initiated constitutional amendment needed to collect 15%, and a campaign for a veto referendum needed to collect 5%. Under Issue 1, campaigns would need to collect that percentage from each of the state's legislative districts.
- Arkansas Issue 3 (2020): The Legislature referred the constitutional amendment to the ballot in 2019, and voters rejected the amendment on November 3, 2020. The constitutional amendment would have increased the signature distribution requirement for initiatives from requiring a certain number of signatures from 15 counties to a certain number of signatures from 45 counties.
- Colorado Amendment 71 (2016): The ballot initiative created a signature distribution requirement for future citizen-initiated constitutional amendments in Colorado. Amendment 71 required signatures to be collected from 2 percent of the registered electors who reside in each of the state's 35 state Senate districts.
Path to the ballot
Amending the Arizona Constitution
- See also: Amending the Arizona Constitution
Either chamber of the Arizona State Legislature is allowed to propose an amendment. A majority of members of both chambers must approve it. If they do, the proposed amendment goes on a statewide ballot for a popular vote of the people. Approval from a simple majority of voters is then required to make it part of the constitution.
Amendment in the state Legislature
The amendment was introduced on January 1, 2023. It passed the Arizona State Senate on February 14, 2023 by a 16-13 vote. On June 12, 2023, the Arizona House of Representatives voted 31-29 to pass the amendment.[1]
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
How to cast a vote
- See also: Voting in Arizona
Click "Show" to learn more about voter registration, identification requirements, and poll times in Arizona.
| How to cast a vote in Arizona | |||||
|---|---|---|---|---|---|
Poll timesIn Arizona, all polling places are open from 6:00 a.m. to 7:00 p.m. local time. An individual who is in line at the time polls close must be allowed to vote.[5][6] Registration
To vote in Arizona, one must be a citizen of the United States and a resident of an Arizona county. A voter must be 18 years or older on or before Election Day.[7] To be eligible to vote in an election one must register at least 29 days prior to the election. Individuals can register online, in person at the county recorder's office, or by mail.[7] Automatic registrationArizona does not practice automatic voter registration. Online registration
Arizona has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registrationArizona does not allow same-day voter registration. Residency requirementsArizona law requires 29 days of residency in the state before a person may vote. Verification of citizenshipOn March 30, 2022, Governor Doug Ducey (R) signed HB2492 into law. HB2492 requires that voters submitting registration forms not produced by the U.S. Election Assistance Commission submit proof of citizenship along with their registration forms. In the case of registration forms produced by the U.S. Election Assistance Commission, HB2492 requires election officials to "use all available resources to verify the citizenship status" of applicants. Should officials be unable to verify a voter's citizenship status, that voter will be barred from voting in a presidential election or by mail in any election, pending submission of proof of citizenship. Should officials determine that a voter is not a citizen, officials will be required to forward the registration application to the county attorney and the attorney general for investigation. Officials who fail to comply with these requirements are guilty of a Class 6 felony.[8] Verifying your registrationThe site Voter View, run by the Arizona Secretary of State's office, allows residents to check their voter registration status online. Voter ID requirementsArizona requires voters to present photo identification or two forms of non-photo identification while voting.[9][10] The following were accepted forms of identification as of March 2023: Click here for the Arizona Citizens Clean Elections Commission's page on accepted ID to ensure you have the most current information. Voters can present one of the following forms of ID that contain the voter’s photograph, name, and address:
If a voter does not have one of the above forms of ID, the voter can present two of the following forms of ID that contain the voter’s name and address:
Additionally, if a voter presents photo ID that does not list an address within the precinct in which he or she wants to cast a vote, that person may present the photo ID with one non-photo identification material from the second list above. The identification material should include the voter’s address. | |||||
See also
|
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 Arizona Legislature, "SCR1015," accessed February 15, 2023
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Arizona Secretary of State, "Election Funds Portal," accessed June 30, 2023
- ↑ In Mississippi, the distribution requirement is based on five congressional districts. However, Mississippi has four congressional districts, meaning it's not possible for campaigns to collect the required number of signatures.
- ↑ Arizona Revised Statutes, "Title 16, Section 565," accessed March 14, 2023
- ↑ Arizona generally observes Mountain Standard Time; however, the Navajo Nation observes daylight saving time. Because of this, Mountain Daylight Time is sometimes observed in Arizona.
- ↑ 7.0 7.1 Arizona Secretary of State, "Registration Requirements," accessed March 14, 2023
- ↑ Arizona Legislature, "HB2492," accessed March 14, 2023
- ↑ ArizonaElections.gov, "What ID Do I Need to Vote Quiz," accessed March 14, 2023
- ↑ FindLaw.com, "Arizona Revised Statutes Title 16. Elections and Electors § 16-579. Procedure for obtaining ballot by elector," accessed March 14, 2023
| |||||||||||
