Jonah Patel
The Arizona Constitution outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. Arizona's constitution can be amended through three methods: a citizen-initiated process, a legislative process, and a state constitutional convention. Citizens of Arizona have the power to initiate constitutional amendments, which is a citizen-initiated ballot measure that amends a state's constitution. Arizona requires a simple majority for voter approval of constitutional amendments, except for ballot measures to approve taxes, which require a 60% vote.
| Characteristics | Values |
|---|---|
| Number of methods to amend the constitution | 3 |
| Methods | Citizen-initiated process, legislative process, and state constitutional convention |
| Minimum votes required to approve constitutional amendments | Simple majority |
| Minimum votes required to pass ballot measures to approve taxes | 60% |
| Minimum votes required to place a constitutional amendment on the ballot | 31 votes in the Arizona House of Representatives and 16 votes in the Arizona State Senate |
| Minimum number of signatures required for an initiated constitutional amendment | 15% of votes cast for governor in the most recent gubernatorial election |
| Maximum duration for circulating petitions | 24 months |
| Time by which signatures must be submitted before the election | 4 months |
| Who can call for a convention | State legislature, but only if approved by the electorate in a statewide vote |
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What You'll Learn
Citizen-initiated process
The Arizona Constitution provides for three methods of amending the state constitution: a citizen-initiated process, a legislative process, and a state constitutional convention. This response will focus on the citizen-initiated process.
In Arizona, citizens have the power to initiate constitutional amendments. This is known as an initiated constitutional amendment, which is a citizen-initiated ballot measure that amends a state's constitution. Arizona is one of 18 states that allow citizens to initiate constitutional amendments. This process allows citizens to propose and enact laws and constitutional amendments independently of the legislature.
To get an initiated constitutional amendment on the ballot in Arizona, citizens must gather a certain number of signatures. The number of signatures required is equal to 15% of the votes cast for governor in the most recent gubernatorial election. Petitions can be circulated for up to 24 months, and signatures must be submitted four months before the election at which the measure is to appear.
Once the required number of signatures is verified, the proposed amendment will be placed on the ballot for voter consideration. Arizona requires a simple majority to approve constitutional amendments, meaning more than half of the votes cast must be in favour of the amendment for it to pass. The governor then issues a proclamation, declaring the amendment to be law.
It is important to note that the Arizona legislature has outlined specific requirements for the initiative process, which must be strictly followed. Any person can legally challenge a measure if they believe there was a lack of compliance with these requirements. The Supreme Court of Arizona has stopped measures from being submitted to voters due to procedural non-compliance.
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Legislative process
The Arizona Constitution provides for three methods of amending it: a citizen-initiated process, a legislative process, and a state constitutional convention. Arizona requires a simple majority to approve constitutional amendments.
The legislative process for amending the Arizona Constitution involves the state legislature referring constitutional amendments to the ballot for voters to decide. According to Article XVI, a simple majority vote is required during one legislative session for the Arizona State Legislature to place a constitutional amendment on the ballot. This amounts to a minimum of 31 votes in the Arizona House of Representatives and 16 votes in the Arizona State Senate, assuming no vacancies. Amendments proposed by the legislature do not require the governor's signature to be referred to the ballot.
The state legislature can also call for a special election for a vote on a proposed constitutional amendment, regardless of whether the amendment is proposed via initiative or by the legislature. The timing of an election on a ballot measure can vary depending on the form of direct democracy. For instance, an initiative or veto referendum must generally be submitted to voters at the next general election.
The Arizona legislature has specified that persons using the initiative or referendum processes must strictly comply with all constitutional and statutory requirements. These requirements must be strictly construed by state courts, and Arizona law allows any person to bring an action to contest the validity of an initiative or veto referendum if there is a lack of strict compliance with process requirements. For legislatively referred amendments, an expedited challenge to a proposed amendment's legal sufficiency may be filed in the superior court of Maricopa County within 10 days (in even-numbered years) or 20 days (in odd-numbered years) after the amendment is filed with the Secretary of State.
Once an election has taken place, it is 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 measure or proposed amendment within 30 days after the election. Upon completing the canvass, the governor issues a proclamation, giving the whole number of votes cast for and against each measure or proposed amendment. Amendments that receive a majority of votes are then declared law by the governor.
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State constitutional convention
The Arizona Constitution provides for three methods of amending the state constitution: a citizen-initiated process, a legislative process, and a state constitutional convention. The state constitutional convention method is a process where the state legislature calls for a convention to propose amendments to the constitution. According to Section 2 of Article XXI of the Arizona Constitution, the state legislature can only call for a convention if it is approved by the electorate in a statewide vote. This means that the people of Arizona have the power to decide whether or not to hold a convention for proposing amendments to their constitution.
The process of calling for a state constitutional convention can vary from state to state. In some states, there are automatic ballot referrals that allow voters to decide at regular intervals whether to hold a convention. For example, in some states, a ballot measure asking voters to approve or disapprove of holding a convention may appear automatically on the ballot every 10 or 20 years. In other states, the state legislature can act to place a question about calling a convention on the ballot, and the specific percentage of legislators required to place such a question on the ballot may vary.
Once a state constitutional convention is called, delegates are typically chosen to participate in the convention and propose amendments to the constitution. These delegates may be elected by the people or appointed by the state legislature, depending on the state's specific process. The proposed amendments are then typically discussed, debated, and voted on by the delegates. If an amendment receives the required level of support, it is then typically presented to the people for final approval, typically through a statewide vote.
In Arizona, any amendments, revisions, or proposals to the constitution that emerge from a state constitutional convention would require a simple majority vote by the electorate for approval. This means that more than half of the votes cast must be in favor of the amendment for it to become part of the Arizona Constitution. It's important to note that the specific process and requirements for a state constitutional convention in Arizona may be outlined in the state's laws and previous convention practices.
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Ballot measures
The Arizona Constitution provides for three methods of amending the state constitution: a citizen-initiated process, a legislative process, and a state constitutional convention.
Citizen-Initiated Process
In Arizona, citizens have the power to initiate constitutional amendments. This is known as an initiated constitutional amendment, which is a citizen-initiated ballot measure that amends a state's constitution. Arizona is one of 18 states that allow this process. To get an initiated constitutional amendment on the ballot, citizens must collect signatures equal to 15% of the votes cast for governor in the most recent gubernatorial election. Petitions can be circulated for up to 24 months, and signatures must be submitted four months before the election at which the measure is to appear.
Legislative Process
The state Legislature can refer constitutional amendments to the ballot for voters to decide. A simple majority vote is required during one legislative session for the Arizona State Legislature to place a constitutional amendment on the ballot. This amounts to a minimum of 31 votes in the Arizona House of Representatives and 16 votes in the Arizona State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot. The legislature may also call a special election for a vote on a proposed constitutional amendment, regardless of whether the amendment is proposed via initiative or by the legislature.
State Constitutional Convention
The state legislature can call for a convention if it is approved by the electorate in a statewide vote. In some states, a ballot measure asking the people to approve or disapprove of holding a convention appears automatically on the ballot every 10 or 20 years.
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Statutory and constitutional initiatives
Arizona's constitution outlines three methods for amending it: a citizen-initiated process, a legislative process, and a state constitutional convention. The state requires a simple majority to approve constitutional amendments, which is 50% plus 1 of the votes.
The citizen-initiated process, also known as an initiated constitutional amendment, is a ballot measure that allows citizens to propose and enact laws and constitutional amendments independently of the legislature. Arizona is one of 18 states that allow this. For a citizen-initiated constitutional amendment to be put on the ballot, signatures equal to 15% of the votes cast for governor in the most recent gubernatorial election are required. Petitions can be circulated for up to 24 months, and signatures must be submitted four months before the election.
The legislative process, or legislatively referred constitutional amendment, is when the state legislature refers constitutional amendments to the ballot for voters to decide. A simple majority vote is required during one legislative session for the Arizona State Legislature to place a constitutional amendment on the ballot. This amounts to a minimum of 31 votes in the Arizona House of Representatives and 16 votes in the Arizona State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
The state constitutional convention method allows the state legislature to call for a convention if approved by a statewide vote. Any amendments, revisions, or proposals of the Constitution require a simple majority vote by the electorate.
In addition to these three methods, Arizona also has veto referendums, where citizens can require that any law (or part of a law) passed by the legislature be put to a popular vote, except for certain emergency laws passed with a legislative supermajority.
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Frequently asked questions
There are three methods for amending the Arizona Constitution: a citizen-initiated process, a legislative process, and a state constitutional convention.
Citizens of Arizona have the power to initiate constitutional amendments. This is done through a citizen-initiated ballot measure, which requires signatures from at least 15% of votes cast for governor in the latest gubernatorial election. These petitions can be circulated for up to 24 months and must be submitted four months before the election.
The Arizona Legislature can refer constitutional amendments to the ballot for voters to decide. A simple majority is required, which amounts to a minimum of 31 votes in the Arizona House of Representatives and 16 votes in the Arizona State Senate. The governor does not need to sign off on these amendments.
The state legislature can call for a convention if approved by a statewide vote. This can be done through an automatic ballot referral or by the state legislature placing the question on the ballot.
