Laws governing local ballot measures in Arizona

Laws Governing Local Ballot Measures

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Terms

Initiative • Home rule • General law city • Charter city • Petition • Initiative petition circulation periods • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative alteration • Registered voter

Arizona Constitution
Preamble
Articles
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State law establishes that all local governments in Arizona have initiative and referendum powers regarding local ballot measures.

This article sets out the laws governing local ballot measures in Arizona. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
• An overview of laws governing local recall elections.

Types of local government

According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 15 counties, 91 cities, towns, and villages, and 326 special districts.

School districts

See also: School bond and tax elections in Arizona

Arizona has a law that allows the voters of a school district to override a budget if the budget exceeds the operating limit. In the event that an Arizona school district fails to gain voter approval on a budget override election, a substitute, no tax increase budget must be made. Arizona allows for school districts to override their budgets by five percent for each fiscal year within the budgeted expenditures of a special program. The five percent revenue limit is used if it involves the constitutionally protected debt limit in the Arizona Constitution.

Local recall

Laws governing recall in Arizona are defined in Article 8 of the Arizona Constitution.

The authority to conduct a recall election in Arizona applies to "Every public officer in the state of Arizona, holding an elective office, either by election or appointment."

A recall can be filed against any public officer on any grounds.

The recall may not be filed until after the elected official has been in office in his or her first term for at least six months. This six-month limit does not apply to state legislators. In the case of state legislators, a recall petition may commence five days after the start of their first legislative session after their election. In the case of other elected officials, there is no six-month limit for subsequent terms in office.

A recall petition must be filed at the office in which the officer being recalled files for nomination and must contain a general statement explaining the recall, not exceeding 200 words. This petition must be signed by the sponsors who swear an oath that all signatures collected will be valid signatures. The signature requirement is 25 percent of the number of votes cast in the last election for that office.

For additional detail see: Laws governing recall in Arizona

Initiative process availability

Ballot Law Portal

Laws Governing Ballot Measures

The initiative and referendum powers for both ordinances and charter amendments are mandated and the procedures are partially set for all counties, cities, and towns by state law.

Authority

A guide to local ballot initiatives

Constitution

The Arizona Constitution provides that every incorporated city, town and county has initiative and referendum rights and sets the signature requirements. It provides that municipal charters can be amended via this initiative process.

Authority for local Initiative and Referendum   ARTICLE IV. LEGISLATIVE DEPARTMENT PART 1. INITIATIVE AND REFERENDUM: “ (2) Initiative power. The first of these reserved powers is the initiative. Under this power ten per centum of the qualified electors shall have the right to propose any measure, and fifteen per centum 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 five per centum of the qualified electors, 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; ”

Article XIII, section 2 establishes procedures for amending municipal charters:

Authority for City Charter amendment by petition   “ The charter so ratified may be amended by amendments proposed and submitted by the legislative authority of the city to the qualified electors thereof (or by petition as hereinafter provided), at a general or special election, and ratified by a majority of the qualified electors voting thereon and approved by the governor as herein provided for the approval of the charter. ”

Statutes

Arizona State Code establishes initiative petition and charter amendment:

Title 9 Chapter 2 Article 5:   “ 19-143. Initiative petition in cities; action of council; amendment of charter A. The whole number of votes cast at the city or town election at which a mayor or councilman was chosen last preceding the submission of the application for an initiative petition is the basis for computing the number of qualified electors of the city or town required to sign the petition unless the city or town by charter or ordinance provides an alternative basis for computing the number of necessary signatures. B. If an ordinance, charter or amendment to the charter of a city or town is proposed by initiative petition, it shall be filed with the city or town clerk, who shall submit it to the voters of the city or town at the next ensuing election. The council may enact the ordinance or amendment and refer it to the people or it may enact the ordinance or amendment without referring it to the people, and in that case it is subject to referendum petition as other ordinances. The mayor shall not have power to veto either of such measures. C. Amendments to a city or town charter may be proposed and submitted to the people by the council, with or without an initiative petition, but they shall be filed with the clerk for submission not less than sixty days before the election at which they are to be voted upon, and no amendment of a charter shall be effective until it is approved by a majority of the votes cast thereon by the people of the city or town to which it applies. The council may by ordinance order special elections to vote on municipal measures. ”

Initiative process features

Initiative Process For All Local Governments

Initiative process in the top 10 most populated cities

Individual city provisions

External links

• League of Arizona Cities and Towns
• Research Document of Arizona Local I&R Laws
• Arizona Revised State Statutes