Making Democracy Work

AZ Ballot Propositions 2017 & Before

2017 AZ SECRETARY OF STATE BALLOT MEASURE PAGE

2017 REFERENDA ON HB2404 & HB2244 THAT SUPPRESS VOTER INITIATIVES & BALLOT PROPS

LWV supports Arizona's system that allows voters to decide initiatives (laws proposed by the public) and Referendum (to refer Legislature-passed laws to the voters.) The Arizona State Constitution

2016 Ballot Props Tightened Restrictions

Recently there have been many challenges to this process. Of the 38 propositions filed with the AZ Secretary of State for the 2016 elections, only 2 made it to voters, and both of those suffered last minute challenges too. Ben Giles and Rachel Leingang of the AZ Capitol Times discussed one legal factor affecting all propositions. Under new law, fate of initiatives depends on whether circulators show up in court.
Reprinted by LWVMP with permission.

2017 BILLS TO CONTROL AZ CONSITUTIONAL DIRECT DEMOCRACY - HB 2404 & HB 2244

THE BILLS

HB2404
The measure, House Bill 2404, was promoted as a way to fight fraud in petition-signature gathering by banning the paying of circulators for each signature they collect. Instead, they would most likely earn an hourly wage. "Restrictions on Initiative Process" was passed 35-2 by the Senate and signed immediately by the Governor. Sponsored by Leach, this highly restrictive bill is intended to make it even more difficult for citizens to get an issue on the ballot. Previous Legislatures have shortened the time period for collecting signatures, increased oversight of signature-gatherers, increased the percentage of signatures needed, and in other ways restricted the use of the citizen initiative process. This bill severely hampers the ability of organizations to hire people to collect signatures, makes it difficult to recruit them, and prohibits paying them on a per signature basis. Supporters contend they have taken out the most objectionable restrictions, but opponents are still opposed. There is strong opposition from progressive groups.   

Favored by the Arizona Chamber of Commerce and Industry after the November passage of an initiative raising the minimum wage, which made initiative law changes its top legislative priority and dispatched lawyers and lobbyists to the Capitol to push the measures.

HB2244
Arizona Gov. Doug Ducey signed the second law pushed by the AZ Chamber of Commerce, the state's top business group. Together, these laws create a major tightening of laws overseeing citizen initiatives. It will take effect this summer. (AZ Constitution requires 90 days delay to allow for referendum petition action.)

Called "Strict Compliance" on Initiatives this bill replaced another in an Arizona Legislature legal maneuver called "Strike Everything"( In May, AZLEG web site still listed this as a "gun bill," but it actually is now a ball to thwart citizen initiatives).  This bill requires signatures to be thrown out for a wide range of technical, non-substantive, issues such as the exact with of the margins on the signature sheets, if the address omits the "avenue" or "drive" whereas the voter address on official records has "avenue" or "drive" as part of the address, of if the middle initial on the signature sheet is different than the one on the voter rolls, and a host of other technical issues.  The entire signature sheet is thrown out, not just the one name.

  This bill has already been brought to court. The Arizona Supreme Court has ruled that the "substantial compliance" standard reflects Arizona's respect for direct democracy and our state Constitution.  HB 2244's attempt to shift to a "strict compliance" standard may be unconstitutional. "Strict compliance" sets a higher standard for reviewing any legal challenges to future citizen initiatives. Lawmakers who supported House Bill 2244 said since initiatives create law through the ballot, noting it's important the process is rigorous and strictly follows the law. Gov. Ducey approved a bill that makes it easier to keep citizen initiatives off the ballot by tightening the legal standard proponents must meet. He said in a statement that voter-approved laws allow substantial and permanent changes to state law.

A coalition of advocacy groups are also running two ballot initiatives to stop the erosion of the ability of citizens to overturn or initiate legislation.  On the other hand, some progressive groups say that it is time to quit expecting citizen initiatives to "clean up" the mess the Legislature is making of the initiative process, and time to elect more moderate legislators. A Referendum takes 75,321 signatures to put a yes or no vote on the bill onto the next general election ballot. It takes 225,963 signatures to put a constitutional change on the ballot.  

ASU MORRISON INSTITUTE EXPLAINS

REFERENDA PETITIONS AGAINST HB2404 & HB2244

REFERENDA PETITIONS AGAINST HB2404 & HB2244

A Citizens Committee, led by Mike Shipley and Kim Ruff of the AZ Libertarian Party, tackles Citizen Initiative Limiting Measures. They must collect 75,321 valid voter signatures for a referendum to put the laws on the Nov. 2018 ballot, half as much as for a initiative -- but the campaign gets only 90 days to do it.
AZ Central My Turn by Mike Shipley to Save Ballot Initiatives

Read the Referendum Petition at the AZ Sec. of State

VOTERS OF ARIZONA, REPEAL HB 2404 & 2244 A Citizens Committee, led by Former Attorney General Grant Woods (R) and former Phoenix Mayor Paul Johnson, tackle Citizen Initiative Limiting Measures. They must collect 75,321 valid voter signatures for a referendum to put the laws on the Nov. 2018 ballot, half as much as for a initiative -- but the campaign gets only 90 days to do it.

U.S. News on Referendum

Read these Referendum Petitions at the AZ Sec. of State
HB2404
HB2244

LWVAZ VOTER GUIDE 2016

2018 LWVAZ VOTER GUIDE ON PROPOSITIONS will be published prior to the mid term elections November, 2018

2016 VOTER GUIDES

2016 LWVAZ VOTER GUIDE - English
LWVAZ VOTER GUIDE 2016 - Spanish

2016 Ballot Measures

2016 Prop 206 - The Fair Wages and Healthy Families Act

Summary: The Fair Wages and Healthy Families Initiative increases minimum wage to $10 in 2017 then gradually to $12 by 2020; provides 40 hours annual "earned paid sick time" for employees of large employers (24 hours for those of small employers); time accrues at one hour earned for every 30 hours worked; time may be used to address circumstances caused by illness of employee or employee's family, public health emergencies, or domestic violence; prohibits retaliating against employees using the benefit; allows for more generous paid time-off policies; and exempts employees who expressly waive the benefit under collective bargaining agreements.

AZ Central Facebook Pro/Con Debate Prop 206 on Oct. 20 at noon

Morrison Institute & David Berman on Pro's & Con's of Increasing Minimum Wage & Paid Sick Leave

2016 Prop 205 - Regulation and Taxation of Marijuana Act

Summary: The Regulation and Taxation of Marijuana Act: (1) establishes a 15% tax on retail marijuana sales, from which the revenue will be allocated to public health and education; (2) allows adults twenty-one years of age and older to possess and to privately consume and grow limited amounts of marijuana; (3) creates a system in which licensed businesses can produce and sell marijuana; (4) establishes a Department of Marijuana Licenses and Control to regulate the cultivation, manufacturing, testing, transportation, and sale of marijuana; and (5) provides local governments with the authority to regulate and limit marijuana businesses.

AUG. 10, 2016 - MARIJUANA INITIATIVE CLEARS HURDLE TO THE BALLOT
What hurdle?

SELECTED BY CITIZENS' INITIATIVE REVIEW
CITIZENS INITIATIVE REVIEW REPORT ON PROP 205

Citizens' Initiative Review (CIR,) funded by Arizona Clean Elections Commission and coordinated by the Morrison Institute at ASU, selected the Marijuana Ballot Proposition for study by a wide panel of voters and experts, both pro and con. This review is scheduled for Aug. 11 through 14. While CIR makes no recommendation, their report provides voters with a comprehensive look at the proposition.

CITIZENS' INITIATIVE REVIEW INFORMATION
CIR Advisors Report
Invitation & Experts
CIR Panel
CIR Agenda

MORE INFO AVAILABLE MORRISON INSTITUTE ASU
Morrison Institute on Citizens' Initiative Review of Marijuana Propositions 2016

Morrison Institute & David Berman on Pro's & Con's of Taxation & Regulation of Marijuana