Arizona 2022 2022 Regular Session

Arizona House Bill HCR2015 Comm Sub / Analysis

Filed 06/20/2022

                    Assigned to APPROP 	FOR COMMITTEE 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Fifth Legislature, Second Regular Session 
 
FACT SHEET FOR H.C.R. 2015 
 
initiatives; supermajority vote; requirement 
Purpose 
Subject to voter approval, constitutionally requires 60 percent of voters at a statewide 
election, rather than a majority of voters, to approve an initiative or referendum. 
Background 
The Arizona Constitution grants the people the power to: 1) propose laws and amendments 
to the Constitution; 2) enact or reject laws and amendments at the polls, independent of the 
Legislature; and 3) approve or reject any item, section or part of any act of the Legislature at the 
polls. The initiative power allows 10 percent of the qualified electors to propose any measure and 
15 percent of qualified electors to propose any amendment to the Arizona Constitution. 
Additionally, the referendum power allows five percent of qualified electors to refer any measure, 
item, section or part of a measure enacted by the Legislature to the ballot, except those immediately 
necessary for the preservation or the public peace, health or safety or for the support and 
maintenance of departments of the state government and institutions. Any initiative measure or 
referendum becomes law when approved by a majority of votes cast and upon proclamation of the 
Governor (Ariz. Const. art. 4, pt. 1, ยง 1).  
 In 1998, voters approved the Voter Protection Act (Proposition 105), which prohibited the 
Legislature from amending an initiative or referendum, diverting funds created by an initiative or 
referendum or adopting a measure that supersedes an initiative or referendum, unless the 
amendment, diversion or superseding measure: 1) furthers the purpose of the initiative or 
referendum; and 2) is approved by at least three-fourths of the members of each legislative 
chamber. Additionally, Proposition 105 prohibited the Legislature from vetoing or repealing an 
initiative or referendum measure approved by the voters (Proposition 105). 
There is no anticipated fiscal impact to the state General Fund associated with this 
legislation.  
Provisions 
1. Increases, from a majority of votes cast in an election to 60 percent of votes cast in an election, 
the percentage of votes required for an initiative or referendum to be approved by the voters.  
2. Prohibits the Legislature from repealing, amending, superseding or diverting funds created by 
an initiative or referendum that is approved by 60 percent of votes cast in an election, rather 
than a majority of votes cast in an election, unless constitutionally required conditions are met.  
3. Makes technical and conforming changes.   FACT SHEET 
H.C.R. 2015 
Page 2 
 
 
4. Requires the Secretary of State to submit the proposition to the voters at the next general 
election. 
5. Becomes effective on the general effective date.  
House Action 
GE 2/9/22 DP 7-6-0-0 
3
rd
 Read 2/22/22  31-28-1 
Prepared by Senate Research 
June 20, 2022 
MH/slp