SCR 1020 — ballot measures; judges; odd-numbered years
Last action — Senate Second Reading
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 57th Legislature - First Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
557 added · 425 removedPlain-language change summary
The proposed amendments to SCR 1020 clarify and update specific sections of the Arizona Constitution related to legislative authority and elections. Key changes include the addition of details on the role of the people in legislative initiatives and the removal of outdated sections that are no longer necessary. These updates aim to streamline the legislative process and ensure that the Constitution accurately reflects current practices. This matters because it could enhance voter engagement and make the legislative process more transparent and accessible.
REFERENCEFifty-seventh TITLE:Legislature Judiciary and Elections First Regular Session S.C.R.
ballot1020 measures;PROPOSED SENATE AMENDMENTS TO S.C.R.
judges;1020 (Reference to printed resolution) Amendment instruction key:
odd-numbered[GREEN yearsUNDERLINING StateIN ofBRACKETS] Arizonaindicates Senatetext Fifty-seventhadded Legislatureto Firststatute Regularor Sessionpreviously SCRenacted 1020session Introducedlaw. by Senator Finchem A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF ARIZONA;
AMENDING[Green ARTICLEunderlining IV,in PARTbrackets] 1,indicates SECTIONtext 1,added CONSTITUTIONto OFnew ARIZONA;session law or text restoring existing law.
AMENDING[GREEN ARTICLESTRIKEOUT VI,IN SECTIONSBRACKETS] 12,indicates 28,new 30text ANDremoved 35,from CONSTITUTIONstatute OFor ARIZONA;previously enacted session law.
REPEALING[Green ARTICLEstrikeout VI,in SECTIONSbrackets] 36,indicates 37text ANDremoved 38,from CONSTITUTIONexisting OFstatute, ARIZONA;previously enacted session law or new session law.
AMENDING<<Green ARTICLEcarets>> VI,indicate SECTIONa 39,section CONSTITUTIONadded OFto ARIZONA;the bill.
REPEALING<<Green ARTICLEstrikeout VI,in SECTIONScarets>> 40,indicates 41a ANDsection 42,removed CONSTITUTIONfrom OFthe ARIZONA;bill.
RELATINGThe TOresolution ELECTIONS.as proposed to be amended is reprinted as follows:
(TEXT OF BILL BEGINS ON NEXT PAGE) - i - SCR 1020 Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:
Under this power the legislature, or five percent 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;Senate Amendments to S.C.R.
1020 institutions;
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 - 1 - SCR 1020 elected to each house of the legislature, taken by roll call of ayes and nays.
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-2- forSenate allAmendments other initiatives and referendums, the veto power of the governor shall not extend to initiativesS.C.R. and referendums approved by a majority of the votes cast thereon.
1020 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.
- 2 - SCR 1020 (6) (C) Legislature's power to amend initiative or referendum.
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-3- createdSenate orAmendments allocated to aS.C.R. 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.
1020 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.
- 3 - SCR 1020 (8) Local, city, town or county matters.
Each sheet containing petitioners' signatures shall be attached to a full and-4- correctSenate copyAmendments of the title and text of the measure so proposed to beS.C.R. 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 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.
1020 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 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.
When any initiative or referendum petition or any measure referred to the people by the - 4 - SCR 1020 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 FOR the next regular general NOVEMBER election IN THE NEXT ODD-NUMBERED YEAR 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.
This section shall not be construed to deprive the legislature of the right to enact any measure except that the legislature shall not have-5- theSenate powerAmendments to adoptS.C.R. 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 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.
For1020 all other initiatives and referendums, the legislature shall not have the power to adopt any measure that supersedes, in - 5 - SCR 1020 whole or in part, any initiative measure to approve a tax that is approved by asixty majoritypercent of the votes cast thereon andor shallany notreferendum havemeasure the power to adoptapprove anya measuretax that supersedes,is in whole or in part, any referendum measure decided by asixty majoritypercent of the votes cast thereon,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.
2.<<2.
12.START_STATUTE12.
At the next succeeding general NOVEMBER election IN AN ODD-NUMBERED YEAR following the appointment-6- ofSenate aAmendments person to fillS.C.R. a vacancy, a judge shall be elected to serve for the remainder of the unexpired term.
Judges1020 appointment of thea superiorperson courtto infill countiesa havingvacancy, a populationjudge ofshall twobe hundredelected fifty thousand persons or more according to theserve most recent United States census shall hold office for athe regularremainder term of fourthe yearsunexpired exceptterm. as provided by this article.
3.Judges of the superior court in counties having a population of two hundred fifty thousand persons or more according to the most recent United States census shall hold office for a regular term of four years except as provided by this article.>> <<3.
-START_STATUTE28. 6 - SCR 1020 28.
Any justice or judge who files nomination papers for an elective office, other than for judge of the superior court or a court of record inferior to the superior court in a county having a population of less than two hundred fifty thousand persons according to the most recent United States census, forfeits his THE JUSTICE'S OR JUDGE'S judicial office.office.>> <<4.
4.
30.START_STATUTE30.
All justices and judges of courts of record, except for judges of the superior court and other courts of record inferior to the superior court in counties having a population of less than two hundred fifty thousand persons according to the most recent United States census, shall be appointed in the manner provided in section 37 of this article.article.>> 2.
5.
35.-7- Senate Amendments to S.C.R.
1020 35.
A.[A.] All justices, judges, justices of the peace and officers of any court who are holding office as such by election or appointment at the time of the adoption of this section OR ANY AMENDMENT TO THIS SECTION shall serve or continue in office for the respective terms for which they are so elected or for their respective unexpired terms, and until their successors are elected or appointed and qualify or they are retained in office pursuant to section 38 of this article;
Show all 96 changed lines (56 more)
All justices, judges, justices of the peace and officers of any court who are holding office as such by election or appointment at the time of the adoption of this section OR ANY AMENDMENT TO THIS SECTION shall serve or continue in office for the respective terms for which they are so elected or for their respective unexpired terms, and until their successors are elected or appointed and qualify or they - 7 - SCR 1020 are retained in office pursuant to section 38 of this article;
B.[B.
All judges of the superior court holding office by appointment or retention in counties with a population of two hundred fifty thousand persons or more according to the most recent United States census at the time of the adoption of this amendment to this section shall serve or continue in office for the respective terms for which they were appointed.appointed] [, WHICH MAY INCLUDE ANY ADDITIONAL PERIOD OF TIME NECESSARY TO IMPLEMENT THE CHANGE TO RETENTION ELECTIONS TO BE HELD IN ODD-NUMBERED YEARS] [.
Upon an incumbent vacating the office of judge of the superior court, whether by failing to file a declaration for retention, by rejection by the qualified electors of the county or resignation, the appointment shall be pursuant to section 37 of this article.article.] <<6.
6.
Article VI, section 38, Constitution of Arizona, relating to the declaration of candidacy to be retained in office, is repealed.repealed.>> -8- Senate Amendments to S.C.R.
7.1020 <<3.
Article VI, section 37, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
37.
Judicial vacancies and appointments;
initial terms;
residence;
age Section 37.
A.
Within sixty days from the occurrence of a vacancy in the office of a justice or judge of any court of record, except for vacancies occurring in the office of a judge of the superior court or a judge of a court of record inferior to the superior court, the commission on appellate court appointments, if the vacancy is in the supreme court or an intermediate appellate court of record, shall submit to the governor the names of not less than three persons nominated by it to fill such vacancy, no more than two of whom shall be members of the same political party unless there are more than four such nominees, in which event not more than sixty percentum of such nominees shall be members of the same political party.
B.
Within sixty days from the occurrence of a vacancy in the office of a judge of the superior court or a judge of a court of record inferior to the superior court except for vacancies occurring in the office of a judge of the superior court or a judge of a court of record inferior to the superior court in a county having a population of less than two hundred fifty thousand persons according to the most recent United States census, the commission on trial court appointments for the county in which the vacancy occurs shall submit to the governor the names of not less than three persons nominated by it to fill such vacancy, no more than two of whom shall be members of the same political party unless there are more than four such nominees, in which event no more than sixty [per centum] [PERCENT] of such nominees shall be members of the same political party.
A nominee shall be under sixty-five years of age at the time his name is submitted to the governor.
Judges of the superior court shall be subject to retention or rejection by a vote of the qualified electors of the county from which they were appointed at the [general] election in the manner provided by section 38 of this article.
C.
A vacancy in the office of a justice or a judge of such courts of record shall be filled by appointment by the governor without regard to political affiliation from one of the nominees whose names shall be submitted to [him] [THE GOVERNOR] as hereinabove provided.
In making the appointment, the governor shall consider the diversity of the state's population for an appellate court appointment and the diversity of the county's population for a trial court appointment, however the primary consideration shall be -9- Senate Amendments to S.C.R.
1020 merit.
If the governor does not appoint one of such nominees to fill such vacancy within sixty days after their names are submitted to the governor by such commission, the chief justice of the supreme court forthwith shall appoint on the basis of merit alone without regard to political affiliation one of such nominees to fill such vacancy.
If such commission does not, within sixty days after such vacancy occurs, submit the names of nominees as hereinabove provided, the governor shall have the power to appoint any qualified person to fill such vacancy at any time thereafter prior to the time the names of the nominees to fill such vacancy are submitted to the governor as hereinabove provided.
Each justice or judge so appointed shall initially hold office for a term ending sixty days following the next regular general election after the expiration of a term of two years in office.
Thereafter, the terms of justices or judges of the supreme court and the superior court shall be as provided by this article.
D.
A person appointed to fill a vacancy on an intermediate appellate court or another court of record now existing or hereafter established by law shall have been a resident of the counties or county in which that vacancy exists for at least one year prior to his appointment, in addition to possessing the other required qualifications.
A nominee shall be under sixty-five years of age at the time his name is submitted to the governor.>> <<4.
Article VI, section 38, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
38.
Declaration of candidacy;
form of judicial ballot, rejection and retention;
failure to file declaration Section 38.
A.
A justice or judge of the supreme court or an intermediate appellate court shall file in the office of the secretary of state, and a judge of the superior court or other court of record including such justices or judges who are holding office as such by election or appointment at the time of the adoption of this section except for judges of the superior court and other courts of record inferior to the superior court in counties having a population of less than two hundred fifty thousand persons, according to the United States census, shall file in the office of the clerk of the board of supervisors of the county in which he regularly sits and resides, not less than sixty nor more than ninety days prior to the [regular general] election next preceding the expiration of his term of office, a declaration of his desire to be retained in office, and the secretary of state shall certify to the several boards of supervisors the appropriate -10- Senate Amendments to S.C.R.
1020 names of the candidate or candidates appearing on such declarations filed in his office.
B.
The name of any justice or judge whose declaration is filed as provided in this section shall be placed on the appropriate official ballot at [the next regular general] [AN] election [HELD IN AN ODD-NUMBERED YEAR] under a nonpartisan designation and in substantially the following form:
Shall __________, (Name of justice or judge) of the _________ court be retained in office? Yes __ No __ (Mark X after one).
C.
If a majority of those voting on the question votes "No," then, upon the expiration of the term for which such justice or judge was serving, a vacancy shall exist, which shall be filled as provided by this article.
If a majority of those voting on the question votes "Yes," such justice or judge shall remain in office for another term, subject to removal as provided by this constitution.
D.
The votes shall be counted and canvassed and the result declared as in the case of state and county elections, whereupon a certificate of retention or rejection of the incumbent justice or judge shall be delivered to [him] [THE INCUMBANT] by the secretary of state or the clerk of the board of supervisors, as the case may be.
E.
If a justice or judge fails to file a declaration of his desire to be retained in office, as required by this section, then his office shall become vacant upon expiration of the term for which such justice or judge was serving.>> 5.
In addition to becoming vacant as provided in this section, the office of a justice or judge of any court of record becomes vacant upon his ON THE JUSTICE'S OR JUDGE'S death or his THE JUSTICE'S OR JUDGE'S - 8 - SCR 1020 voluntary retirement pursuant to statute or his THE JUSTICE'S OR JUDGE'S voluntary resignation,resignation[, and also, as provided in section 38 of this article,article,] upon the[the expiration ofof] his term[THE JUSTICE'S OR JUDGE'S] [term next followingfollowing] a general election[AN] [election at which a majority of those voting on the question of his retention vote in the negative or for whichwhich] general election[election] he is[THE JUSTICE OR JUDGE] [is required, but fails, to file a declaration of his desire to be retained in office.office].
This-11- sectionSenate isAmendments alternative to andS.C.R. cumulative with the methods of removal of judges and justices provided in ARTICLE VI.1 AND ARTICLE VIII, parts 1 and 2 of article 8 and article 6.1 of this Constitution.
8.1020 This section is alternative to and cumulative with the methods of removal of judges and justices provided in ARTICLE VI.1 AND ARTICLE VIII, parts 1 and 2 of article 8 and article 6.1 of this Constitution.
<<8.
Article VI, section 42, Constitution of Arizona, relating to retention evaluation of justices and judges, is repealed.repealed.>> 6.
9.
-Enroll 9and -engross to conform Amend title to conform WENDY ROGERS SCR1020ROGERS.docx 02/18/2025 04:06 PM C:
MR -12-
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- SENATE - Judiciary and Elections View text Current pdf
- Introduced Introduced Version pdf
Action History
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Senate Second Reading
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Senate First Reading
Sponsors
- Mark Finchem · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 92 not signed on
Sponsors (1)
- Mark Finchem Republican
Co-sponsors (0)
None.
Not signed on (92)
92 members have not signed on to this bill.
Show all 92 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors SCR 1020?
- SCR 1020 is sponsored by Mark Finchem (Republican).
- What is the current status of SCR 1020?
- This bill died with 57th Legislature - First Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SCR 1020?
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