Constitutional right to vote
A significant aspect of HCR2028 is the declaration of the right to vote as a fundamental right. The bill necessitates that any law or regulation that imposes a burden on this right must be narrowly tailored to serve a compelling governmental interest. This provision is intended to provide stronger protection for voting rights, expanding beyond the existing guarantees of the equal protection clause stipulated in the Fourteenth Amendment of the U.S. Constitution. Such an amendment could have broad implications for future laws regarding voter access and could motivate changes in how voting regulations are approached in the state.
HCR2028 proposes an amendment to the Constitution of Arizona, specifically targeting Article VII, Section 2, which outlines the qualifications of voters. This bill asserts that every citizen over the age of eighteen, who has resided in the state for the requisite period, shall have the right to vote in general elections and on other matters submitted for public voting. The bill emphasizes citizenship, indicating that the term 'citizen' covers individuals of both male and female genders, thereby reinforcing inclusivity in the electoral process.
This amendment addresses potential contention in voting rights, specifically regarding the right of citizens to register, vote, and hold office without discrimination based on sex. By stating that rights shall not be denied or abridged by the state or its subdivisions based on gender, HCR2028 aims to ensure equality in voting participation. However, it does maintain restrictions for certain populations, such as individuals adjudicated as incapacitated or those convicted of treason or felony, making it vital for discussions about the balance between voting rights and public safety.
Should HCR2028 gain approval from voters, it would set a precedent within Arizona's governance, potentially influencing how states understand and enforce voting rights. By defining the fundamental nature of the right to vote and requiring stringent standards for any laws that limit this right, the bill could serve as a model for future legislation aimed at protecting electoral participation and expanding civil rights in the voting sphere.