Assigned to ELEC FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
FACT SHEET FOR S.C.R. 1041
ballot measures; challenges
Purpose
Subject to voter approval, allows a person to contest the constitutionality of an initiative
measure or amendment in superior court and prohibits the Secretary of State (SOS) from certifying
or printing an amendment or measure that is found unconstitutional by a court of competent
jurisdiction.
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. Amendments to the Arizona Constitution may be proposed in either legislative chamber or
by initiative power. The initiative power requires 15 percent of qualified electors to propose an
amendment to the Arizona Constitution. When a proposed amendment is approved by a majority
of each legislative chamber or when an initiative petition is filed with the SOS, the SOS must
submit the proposed amendment to a vote of the people at the next general election. 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, § 1 and art. 21 §1).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a person to bring an action in superior court to contest the constitutionality of an
initiative measure or amendment that violates the U.S. Constitution or Arizona Constitution,
within 100 days before the election that the measure or amendment is scheduled to appear.
2. Prohibits the SOS or other officer from certifying or printing the measure or amendment on
the ballot if a court of competent jurisdiction enters a judgement, within 100 days before the
election, that that the measure or amendment violates the U.S. or Arizona Constitution.
3. Allows any party to appeal to the Arizona Supreme Court within five calendar days of
judgement entered by the superior court.
4. Requires the SOS to submit the proposition to the voters at the next general election.
5. Becomes effective if approved by the voters and on proclamation of the Governor.
Prepared by Senate Research
February 8, 2024
AN/KS/mg