Arizona voters to decide on an amendment providing for legal challenges to ballot initiatives before an election

Voters in Arizona will decide on a constitutional amendment regarding legal challenges to ballot initiatives on Nov. 5, 2024.

The ballot measure, Senate Concurrent Resolution 1041 (SCR 1041), allows for the filing of a lawsuit challenging the constitutionality of a proposed citizen-initiated measure after it has been filed with the secretary of state and at least 100 days before it is scheduled to appear on the ballot. If the superior court rejects the challenge, the plaintiff has five days to appeal to the Arizona Supreme Court.

According to the measure’s purpose statement, “The Arizona Supreme Court has long maintained, however, that it lacks authority to adjudicate challenges to the constitutionality of an initiative unless and until the initiative is adopted … This amendment expressly authorizes challenges to the constitutional validity of proposed initiative measures or constitutional amendments at any time after a petition is filed with the secretary of state.”

On March 11, 2023, SCR 1041 passed the Arizona State Senate by 16-12, with all Republicans voting for the measure and all Democrats voting against it. On June 12, 2024, the measure passed the House by 31-29, with all 31 Republicans voting for the measure and all 29 Democrats voting against it.

State Rep. Austin Smith (R-29), who supports the amendment, said, “It’s an opportunity to challenge constitutional amendments, which is actually starting to happen a lot more than they used to.”

State Rep. Laura Terech (D-4), who opposes the amendment, said, “This is going to astronomically raise the cost of running these initiatives and I find it deeply, deeply undemocratic.”

Arizona voters will be deciding on 11 ballot measures in 2024. All were referred to the ballot by the Arizona state legislature. They are:

• Arizona Legal Challenges to Constitutionality of Initiatives Amendment: Would provide for challenges to an initiative measure or constitutional amendment after the filing of the measure with the secretary of state
• Criminal Conviction Fee for First Responder Death Financial Benefit Measure: Would establish a $20 fee on every conviction for a criminal offense, which would go to pay a benefit of $250,000 to the family of a first responder who is killed in the line of duty
• Emergency Declarations Amendment: Would provide for the legislature to terminate a state of emergency or alter the emergency powers of the governor during the state of emergency
• End Term Limits and Retention Elections for Supreme Court Justices and Superior Court Judges Amendment: Would end term limits for state supreme court justices and superior court judges, replacing them with terms of good behavior, unless decided otherwise by a judicial review commission, and would end retention elections at the end of the judicial term
• Immigration and Border Law Enforcement Measure: Would allow for state and local police to arrest noncitizens who cross the border unlawfully, allow for state judges to order deportations, require the use of the e-verify program for some public governmental programs and employment eligibility purposes, and make the sale of fentanyl a Class 2 felony if a person knowingly sells fentanyl resulting in the death of another person
• Legislative Ratification of Rules that Increase Regulatory Costs Measure: Would prohibit a proposed rule from becoming effective if that rule is estimated to increase regulatory costs by more than $500,000 within five years after implementation, until the legislature enacts legislation ratifying the proposed rule
• Life Imprisonment for Sex Trafficking of a Child Measure: Would provide for life imprisonment for an individual who is convicted of sex trafficking of a child
• Property Tax Refund for Non-Enforcement of Public Nuisance Laws Measure: Would allow for property owners to apply for a property tax refund in certain circumstances, including in instances if the city or locality in which the property is located does not enforce laws regarding illegal camping, loitering, obstructing public thoroughfares, panhandling, public urination or defecation, public consumption of alcoholic beverages, and possession or use of illegal substances
• Require Partisan Primaries and Prohibit Primaries Where Candidates Compete Regardless of Party Affiliation Amendment: Would require partisan primaries for partisan offices, meaning that members of political parties nominate their own candidates at primaries for general elections
• Signature Distribution Requirement for Initiatives Amendment: Would create a signature distribution requirement for citizen-initiated ballot measures based on state legislative districts
• Wages for Tipped Workers Amendment: Would allow for tipped workers to be paid 25% less per hour than the minimum wage if any tips received by the employee were not less than the minimum wage plus $2 for all hours worked