Arizona 2022 2022 Regular Session

Arizona Senate Bill SB1094 Comm Sub / Analysis

Filed 01/27/2022

                    Assigned to GOV 	FOR COMMITTEE 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Fifth Legislature, Second Regular Session 
 
FACT SHEET FOR S.B. 1094 
 
petition signatures; description; invalidity 
Purpose 
Voids the signature of any initiative or referendum petition signer that signs the petition 
without either hearing or reading the initiative or referendum description printed on the petition. 
Background 
The Arizona Constitution 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 through initiative. Additionally, five percent of qualified electors may refer any 
measure, item, section or part of a measure enacted by the Legislature to the ballot  
(Ariz. Const. art. 4, pt. 1, § 1). Initiative and referendum petitions must include an initiative or 
referendum description of no more than 100 words of the principal provisions of the measure and 
must have the full title and text of the measure attached (A.R.S. §§ 19-101 and 19-102).  
Every qualified elector signing a petition must do so in the presence of the petition 
circulator. At the time of signing, the qualified elector must sign the elector's first and last name 
and include the elector's address and the date on which the elector signed the petition  
(A.R.S. § 19-112). A petition is filed when petition sheets are tendered to the Secretary of State 
(SOS), who must issue a receipt based on an estimate of the purported number of sheets and 
signatures filed (A.R.S. § 19-121). After filing, the SOS must remove signatures that do not 
comply with statutory requirements and are not eligible for verification, including those missing a 
signature, residence address or date of signing. Once ineligible  petition sheets and signatures are 
removed, the SOS must count all remaining petition sheets and signatures and notify the applicant 
of the total number eligible for verification (A.R.S. § 19-121.01).  
There is no anticipated fiscal impact to the state General Fund associated with this 
legislation.  
Provisions 
1. Requires an initiative or referendum petition circulator to either read the initiative or 
referendum description printed on the petition aloud to each person signing or allow the person 
sufficient time to read the description before signing.  
2. Voids the signature of any initiative or referendum petition signer that signs the petition 
without either hearing or reading the description.  
3. Requires the petition circulator to inform the person that reading the description is required so 
that the person can understand the petition.   FACT SHEET 
S.B. 1094 
Page 2 
 
 
4. Requires each person signing an initiative or referendum petition to affirm that the person has 
heard or read and understood the description before signing the petition.  
5. Requires the circulator to draw a line through the signature of any signer that did not hear or 
read the description.  
6. Requires the SOS to remove any signatures on an initiative or referendum petition with a line 
drawn through them by the circulator for a failure of the signer to read or allow the circulator 
to read the description.  
7. Requires the top of each initiative or referendum petition sheet to state that the signer's 
signature is invalid if the circulator does not read the description aloud or give sufficient time 
for the signer to read it.  
8. Makes technical changes. 
9. Becomes effective on the general effective date.  
Prepared by Senate Research 
January 26, 2022 
MH/slp