Arizona 2024 2024 Regular Session

Arizona House Bill HCR2049 Comm Sub / Analysis

Filed 02/21/2024

                      	HCR 2049 
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ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
Second Regular Session 
House: MOE DP 5-4-0-0 
 
HCR2049: ballot measures; challenges. 
Sponsor: Representative Carter, LD 15 
House Engrossed 
Overview 
Allows a person to bring an action in the superior court that challenges the constitutionality 
of proposed constitutional amendments and measures.  
History 
The Arizona Constitution recognizes the reserved power of the people to propose laws and 
amendments to the constitution and to enact or reject such laws and amendments at the 
polls. The first of these reserved powers is the initiative: 10% of qualified electors have the 
right to propose any measure and 15% have the right to propose any amendment to the 
constitution. The second of these reserved powers is the referendum: the legislature or 5% of 
qualified electors may order any measure, item, section or part of any measure enacted by 
the Legislature to the people at the polls, except for laws immediately necessary for the 
preservation of public peace, health or safety, or for support and maintenance of the 
departments of state government (Const. of Ariz. Art. IV, Part 1, § 1).  
Provisions 
1. Authorizes a person to bring an action in superior court to contest the constitutionality of 
a proposed measure or amendment to the constitution on the grounds that the measure 
or amendment would violate the United States Constitution or the Arizona Constitution. 
(Sec. 1) 
2. Instructs the courts to advance, hear and decide on any action contesting the 
constitutionality of a proposed measure or amendment that is brought at least 90 days 
before the election at which the measure or amendment will be voted on. (Sec. 1) 
3. Allows any party to appeal to the Arizona Supreme Court within five calendar days after 
the superior court enters its judgement. (Sec. 1) 
4. Prohibits the Secretary of State or other election official from certifying or printing the 
measure or amendment on the official ballot if a court of competent jurisdiction, at least 
90 days before the appropriate election, finds the measure or amendment to be 
unconstitutional. (Sec. 1) 
5. Clarifies that this law does not preclude or limit any claim, cause of action or remedy 
given by law to challenge the validity or legal sufficiency of an initiative measure, 
referendum or constitutional amendment, or a petition filed in support of the same. (Sec. 
1) 
6. Contains a Legislative findings and declaration of purpose clause. (Sec. 1) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note    	HCR 2049 
Initials JH 	Page 2 	House Engrossed 
7. Requires the Secretary of State to submit the proposition to the voters at the next general 
election.  
8. Becomes effective if approved by the voters and upon proclamation of the Governor.