SCR 1002 — constitutional amendments; sixty percent approval

1002 power to repeal a referendum measure decided by a majority of the votes cast thereon.

(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 the votes cast thereon and shall not have the power to amend a referendum measure decided by a majority 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.

(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 OR AMENDS THE CONSTITUTION AND that is approved by sixty percent of the votes cast thereon, or by a referendum measure that also approves a tax OR AMENDS THE CONSTITUTION AND 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.

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1002 (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 - 4 - S.C.R.

1002 said sheet was signed in the presence of the affiant and that in the belief of the affiant each signer was a qualified elector of the 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 therefor.

(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 OR AMEND THE CONSTITUTION 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 thereon 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 - 5 - S.C.R.

1002 referendum measure to approve a tax that is 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.

FindingsArticle andXXI, declarationsection 1, Constitution of purposeArizona, Theis Legislatureproposed findsto andbe declaresamended as follows:follows if approved by the voters and on proclamation of the Governor:

Article1. VII, section 7, constitution of Arizona, ensures that the candidate or candidates receiving the highest number of votes shall be House Amendments to S.C.R.

1002Introduction declaredin thelegislature; winner which prohibits run off, instant run off, or any other similar method of voting and that this constitutional protection ensures that every voter’s vote is counted and that a voter’s ballot is not discarded or the voter’s vote for the voter’s preferred candidate is not reallocated to another candidate.

Articleinitiative VII,petition; section 7, Constitution of Arizona, is a critical protection of the way Arizona, and before it every state in the United States, has determined the candidate elected in an election and intends with this measure to further that existing protection.

Theelection legislatureSection finds1. that voters have a right to vote for the candidate or candidate of their choice and to have their vote properly counted for that candidate or the candidates he or she has chosen.

TheAny legislatureamendment furtheror findsamendments thatto anythis systemconstitution thatmay disqualifiesbe otherwiseproposed qualifiedin candidateseither onhouse of the ballotlegislature, thator receivedby legalinitiative votespetition aftersigned theby electiona becausenumber theof candidatequalified didelectors notequal receiveto enoughfifteen votespercent inof the electiontotal andnumber thenof exhaustsvotes afor voter’sall ballotcandidates infor anothergovernor roundat of tabulation with the voterslast preferredpreceding candidategeneral beingelection. removed, disenfranchises those voters.

TheAny legislatureproposed furtheramendment findsor thatamendments currentlywhich theshall Arizonabe Constitutionintroduced requires “in all elections held by the people in thiseither state,house theof person, or persons, receiving the highestlegislature, numberand ofwhich legal votes shall be declaredapproved election.”by Thea legislaturemajority furtherof finds and affirms that the Articlemembers VII,elected sectionto 7,each Arizona Constitution, prevents the use of run-off elections, either in the formtwo ofhouses, ashall subsequentbe separateentered election conducted after the general election, or by any system whereby a voter’s vote for their preferred candidate is reallocated to another candidate after disqualifying a candidate on the groundsjournal thatof theeach candidatehouse, fortogether whomwith the voterayes castand theirnays votethereon. did not receive enough votes.

TheWhen legislatureany furtherproposed findsamendment that,or sinceamendments theshall beginningbe thus passed by a majority of theeach Unitedhouse States,of the legislature and fromentered on the foundingrespective ofjournals thisthereof, state,or allwhen electionsany wereelector conductedor byelectors file with the simplesecretary andof fairstate methodany ofproposed declaringamendment theor personamendments whotogether receiveswith thea highestpetition therefor signed by a number of voteselectors asequal theto winner.fifteen - 6 - S.C.R.

-2-1002 Housepercent Amendmentsof the total number of votes for all candidates for governor in the last preceding general election, the secretary of state shall submit such proposed amendment or amendments to S.C.R.the vote of the people at the next general election (except when the legislature shall call a special election for the purpose of having said proposed amendment or amendments voted on, in which case the secretary of state shall submit such proposed amendment or amendments to the qualified electors at said special election,) and for any proposed amendment or amendments to approve a tax OR AMEND THE CONSTITUTION, if sixty percent of the qualified electors voting thereon shall approve and ratify such proposed amendment or amendments in the regular or special election, such amendment or amendments shall become a part of this constitution and for any other proposed amendment or amendments, if a majority of the qualified electors voting thereon shall approve and ratify such proposed amendment or amendments in the regular or special election, such amendment or amendments shall become a part of this constitution.

1002Until Thea legislaturemethod furtherof affirmspublicity thatis otherwise provided by law, the peoplesecretary of this state generallyshall approvehave of the systemproposed ofamendment electingor officialsamendments inpublished thisfor state,a andperiod newof systemsat thatleast fundamentallyninety changedays before the waydate we,of asthe Arizonans,election bothin castat votesleast andone havenewspaper themin tabulated,every iscounty disruptive,of willthe leadstate toin confusion,which multi-pagea longnewspaper ballots,is andpublished, thein suppressionsuch ormanner disenfranchisementas ofmay voters.be prescribed by law.

TheIf legislaturemore furtherthan findsone that,proposed inamendment 1988,is thesubmitted Arizonaat legislatureany referredelection, to the peopleproposed whoamendments approvedshall anbe amendmentsubmitted toin thesuch Arizonaa constitutionmanner tothat allowthe electors may vote for aor run-offagainst election.such proposed amendments separately.

The3. legislature further finds that, in the first election in which a runoff was required, the result was damaging to the public trust in the system and was so opposed by the people of Arizona, that the legislature referred a measure to the voters of Arizona who approved, by even larger margins, an amendment to the constitution removing the authorization for run-off elections and reinstating our longstanding process that ensures the person who receives the highest number of votes is declared elected.

The legislatureSecretary furtherof findsState thatshall submit this measureproposition is intended to strengthenthe andvoters reaffirmat the existingnext processgeneral andelection systemas thatprovided hasby beenarticle inXXI, placeConstitution from the foundation of thisArizona. state, protecting against attempts to upend our elections.

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The secretary of state shall submit this proposition to the voters at the next general election as provided by Article XXI, Constitution of Arizona." Amend title to conform ALEXANDER KOLODIN SCR1002KOLODIN.docx 03/24/2023 01:29 PM H:

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