Arizona, USA, regional Popular or citizen-initiated referendum [PCR] - Referendum

General Typology

Instrument
Popular or citizen-initiated referendum [PCR]
Location
Arizona, USA
Political level
regional
Local Name:
Referendum
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Arizona Constitution

ARTICLE IV. LEGISLATIVE DEPARTMENT
PART 1. INITIATIVE AND REFERENDUM
1. Legislative authority; initiative and referendum
[...]
(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 [...]
(4) Initiative and referendum petitions; filing [...] 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.
[...]
(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.
[...]

Source: Arizona Constitution of 1912 (current as of 31 Jan 2017)

Subject Matter:

Repealing laws or parts of laws via referendum
Also used as means of calling a constitutional convention

Actors

Author:
Citizen
Initiator:
Electorate : 5% of the total number of voters in the last gubernatorial election (or legislature: see AZ ATP regarding referendums)
Decision maker:
Electorate

Requirements

Number Of Signatures:
5% of the total number of voters in the last gubernatorial election
Available Time:
90 days
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
Legal source does not mention specific approval quorum
Geographical Quorum:
Legal source does not mention geographical quorum
Excluded Issues:

"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 [...]."

Source: Arizona Constitution, Article IV, Part 1, Section 1 (current as of 31 Jan 2017)

Other Formal Requirements:

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

Signatures must be signed in presence of circulator. Circulator must qualify to register to vote in Arizona. Out-of-state residents must register with the Secretary of State to circulate.

Arizona Revised Statutes
19-112. Signatures and verification; attachment; registration of circulators
[...]
C. The person before whom the signatures, names and addresses were written on the signature sheet shall, on the affidavit form pursuant to this section, subscribe and swear before a notary public that each of the names on the sheet was signed and the name and address were printed by the elector and the circulator on the date indicated, and that in his belief each signer was a qualified elector of a certain county of the state, or, in the case of a city, town or county measure, of the city, town or county affected by the measure on the date indicated, and that at all times during circulation of the signature sheet a copy of the title and text was attached to the signature sheet. Circulators who are not residents of this state must be registered as circulators with the secretary of state before circulating petitions. [...]

Source: Arizona Revised Statutes (current as of 31 Jan 2017)

Wording Of Ballot Question:

The Secretary of State will write a summary ("descriptive title") which will be approved by the Attorney General and printed along with the official title. The effect of a "yes" or "no" vote is also explained.

Arizona Revised Statutes
19-125. Form of ballot
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. [...]

Source: Arizona Revised Statutes (current as of 31 Jan 2017)

Interaction With Authorities:

Arizona Revised Statutes
19-123. Publicity pamphlet; printing; distribution; public hearings
A. [... The] secretary of state shall cause to be printed, at the expense of the state, except as otherwise provided in this article, a publicity pamphlet, which shall contain:
1. A true copy of the title and text of the measure [...]
3. The arguments for and against the measure or amendment. [...]
6. The summary of a fiscal impact statement prepared by the joint legislative budget committee staff pursuant to subsection D of this section. [...]

Source: Arizona Revised Statutes (current as of 31 Jan 2017)

Supervision And Support:

Arizona Revised Statutes
19-111.01. Text review; legislative council; recommendations
A. At any time before filing an application for initiative petition or referendum petition and after filing a statement of organization pursuant to section 16-902.01, a political committee that intends to submit an application for initiative petition or referendum petition for a proposed law or constitutional amendment may submit a copy of the text of the proposed law, referral or constitutional amendment to the director of the legislative council.
[...]
C. The person or organization proposing the law or constitutional amendment may accept, modify or reject any recommendations made by the legislative council staff regarding the text of the measure solely in its discretion.

Source: Arizona Revised Statutes (current as of 31 Jan 2017)

Transparency And Finance:


Practice

Archive:
Remarks: