Arizona 2025 Regular Session

Arizona Senate Bill SB1560 Latest Draft

Bill / Engrossed Version Filed 02/28/2025

                            Senate Engrossed   referendums; strict compliance             State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025           SENATE BILL 1560                    An Act   amending sections 19-101.01 and 19-111, Arizona Revised Statutes; relating to referendums.     (TEXT OF BILL BEGINS ON NEXT PAGE)   

 

 

 

 

Senate Engrossed   referendums; strict compliance
State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
SENATE BILL 1560

Senate Engrossed

 

referendums; strict compliance

 

 

 

 

State of Arizona

Senate

Fifty-seventh Legislature

First Regular Session

2025

 

 

 

SENATE BILL 1560

 

 

 

 

An Act

 

amending sections 19-101.01 and 19-111, Arizona Revised Statutes; relating to referendums.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

 Be it enacted by the Legislature of the State of Arizona: Section 1. Section 19-101.01, Arizona Revised Statutes, is amended to read: START_STATUTE19-101.01. Legislative findings and intent; strict compliance The legislature recognizes that a referendum may overrule the results of determinations made by representatives of the people and therefore finds and determines that strict compliance with the constitutional and statutory requirements for the referendum process and in the application and enforcement of those requirements provides the surest method for safeguarding the integrity and accuracy of the referendum process. Therefore, the legislature finds and declares its intent that the constitutional and statutory requirements for the referendum be strictly construed and that persons using the referendum process strictly comply with those constitutional and statutory requirements. The secretary of state MAY enforce strict compliance with the constitutional and statutory requirements for a referendum.END_STATUTE Sec. 2. Section 19-111, Arizona Revised Statutes, is amended to read: START_STATUTE19-111. Number for petition; training materials; definition A. A person or organization intending to propose a law or constitutional amendment by initiative petition or to file a referendum petition against a measure, item, section or part of a measure, before causing the petition to be printed and circulated, shall file with the secretary of state an application, on a form to be provided by the secretary of state, setting forth the person's name or, if an organization, its name and the names and titles of its officers, the person's or organization's address, the person's or organization's intention to circulate and file a petition, a description of not more than two hundred words of the principal provisions of the proposed law, constitutional amendment or measure and the text of the proposed law, constitutional amendment or measure to be initiated or referred in not less than eight point type, and applying for issuance of an official serial number. At the same time as the person or organization files its application, the person or organization shall file with the secretary of state its statement of organization. The secretary of state shall not accept an application for initiative or referendum without an accompanying statement of organization and a complete and correct application as prescribed by this subsection. B. On receipt of the a COMPLETE and correct application with an ACCOMPANYING statement of ORGANIZATION as PRESCRIBED by this section, the secretary of state shall assign an official serial number to the petition, which number shall appear in the lower right-hand corner of each side of each copy thereof, and issue that number to the applicant. The secretary of state shall assign numbers to petitions in numerical sequence, and a record shall be maintained in the office of the secretary of state's office state of each application received and of the numbers assigned and issued to the applicant. If the secretary of state rejects an application for a petition serial number, the secretary of state shall provide the applicant with a written statement of the reason for the rejection within two business days after the rejection of the application for the petition serial number. C. The secretary of state shall make available to each applicant by electronic means a copy of the text of this article governing the initiative and referendum and all rules adopted by the secretary of state pursuant to this title. The secretary of state shall make available by electronic means a copy of the text of this article governing the initiative and referendum and all rules adopted by the secretary of state pursuant to this title to the county, city and town clerks who shall similarly furnish a copy to each applicant by electronic means. If a member of the public so requests, the secretary of state and the county, city and town clerks shall provide a copy in pamphlet form. D. The secretary of state shall make available to each person or organization circulating a statewide initiative, referendum or recall petition a copy of circulator training materials created by the secretary of state. Circulator training materials may be provided on paper or in electronic format and shall also be available on the secretary of state's website. A person or organization circulating a statewide petition shall provide each circulator with the secretary of state's circulator training materials and shall collect and submit to the secretary of state each of its circulators' training materials receipts before the filing of completed petitions. Each person who is a statewide circulator shall acknowledge in writing receipt of the training materials before circulating a petition for signatures. Failure to provide circulator training materials or failure to submit circulators' training materials receipts is not grounds for removal of signatures or signature sheets. Notwithstanding section 19-141, this subsection does not apply to initiative, referendum or recall petitions for cities, towns and counties. E. The eight point type required by subsection A of this section shall not apply to maps, charts or other graphics.  F. For the purposes of this section, "complete and correct application" means an application that: 1. contains all of the required information. 2. Includes a description that does not exceed two HUNDRED words. 3. Is in the most recent form prescribed by the secretary of state for this purpose. END_STATUTE 

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 19-101.01, Arizona Revised Statutes, is amended to read:

START_STATUTE19-101.01. Legislative findings and intent; strict compliance

The legislature recognizes that a referendum may overrule the results of determinations made by representatives of the people and therefore finds and determines that strict compliance with the constitutional and statutory requirements for the referendum process and in the application and enforcement of those requirements provides the surest method for safeguarding the integrity and accuracy of the referendum process. Therefore, the legislature finds and declares its intent that the constitutional and statutory requirements for the referendum be strictly construed and that persons using the referendum process strictly comply with those constitutional and statutory requirements. The secretary of state MAY enforce strict compliance with the constitutional and statutory requirements for a referendum.END_STATUTE

Sec. 2. Section 19-111, Arizona Revised Statutes, is amended to read:

START_STATUTE19-111. Number for petition; training materials; definition

A. A person or organization intending to propose a law or constitutional amendment by initiative petition or to file a referendum petition against a measure, item, section or part of a measure, before causing the petition to be printed and circulated, shall file with the secretary of state an application, on a form to be provided by the secretary of state, setting forth the person's name or, if an organization, its name and the names and titles of its officers, the person's or organization's address, the person's or organization's intention to circulate and file a petition, a description of not more than two hundred words of the principal provisions of the proposed law, constitutional amendment or measure and the text of the proposed law, constitutional amendment or measure to be initiated or referred in not less than eight point type, and applying for issuance of an official serial number. At the same time as the person or organization files its application, the person or organization shall file with the secretary of state its statement of organization. The secretary of state shall not accept an application for initiative or referendum without an accompanying statement of organization and a complete and correct application as prescribed by this subsection.

B. On receipt of the a COMPLETE and correct application with an ACCOMPANYING statement of ORGANIZATION as PRESCRIBED by this section, the secretary of state shall assign an official serial number to the petition, which number shall appear in the lower right-hand corner of each side of each copy thereof, and issue that number to the applicant. The secretary of state shall assign numbers to petitions in numerical sequence, and a record shall be maintained in the office of the secretary of state's office state of each application received and of the numbers assigned and issued to the applicant. If the secretary of state rejects an application for a petition serial number, the secretary of state shall provide the applicant with a written statement of the reason for the rejection within two business days after the rejection of the application for the petition serial number.

C. The secretary of state shall make available to each applicant by electronic means a copy of the text of this article governing the initiative and referendum and all rules adopted by the secretary of state pursuant to this title. The secretary of state shall make available by electronic means a copy of the text of this article governing the initiative and referendum and all rules adopted by the secretary of state pursuant to this title to the county, city and town clerks who shall similarly furnish a copy to each applicant by electronic means. If a member of the public so requests, the secretary of state and the county, city and town clerks shall provide a copy in pamphlet form.

D. The secretary of state shall make available to each person or organization circulating a statewide initiative, referendum or recall petition a copy of circulator training materials created by the secretary of state. Circulator training materials may be provided on paper or in electronic format and shall also be available on the secretary of state's website. A person or organization circulating a statewide petition shall provide each circulator with the secretary of state's circulator training materials and shall collect and submit to the secretary of state each of its circulators' training materials receipts before the filing of completed petitions. Each person who is a statewide circulator shall acknowledge in writing receipt of the training materials before circulating a petition for signatures. Failure to provide circulator training materials or failure to submit circulators' training materials receipts is not grounds for removal of signatures or signature sheets. Notwithstanding section 19-141, this subsection does not apply to initiative, referendum or recall petitions for cities, towns and counties.

E. The eight point type required by subsection A of this section shall not apply to maps, charts or other graphics. 

F. For the purposes of this section, "complete and correct application" means an application that:

1. contains all of the required information.

2. Includes a description that does not exceed two HUNDRED words.

3. Is in the most recent form prescribed by the secretary of state for this purpose. END_STATUTE