Arizona Proposition 128, Legislative Changes to Ballot Initiatives with Invalid Provisions Amendment (2022)

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Arizona Proposition 128
Flag of Arizona.png
Election date
November 8, 2022
Topic
Direct democracy measures
Status
Defeatedd Defeated
Type
Constitutional amendment
Origin
State legislature

Arizona Proposition 128, the Legislative Changes to Ballot Initiatives with Invalid Provisions Amendment, was on the ballot in Arizona as a legislatively referred constitutional amendment on November 8, 2022. The measure was defeated.

A "yes" vote supported this constitutional amendment to allow the Arizona State Legislature to amend or repeal voter-approved ballot initiatives if any portion has been declared unconstitutional or illegal by the Arizona Supreme Court or U.S. Supreme Court.

A "no" vote opposed this constitutional amendment, thus continuing to require the Arizona State Legislature to propose a ballot measure to amend or repeal a voter-approved ballot initiative, including in cases where part of the initiative has been declared invalid.


Election results

Arizona Proposition 128

Result Votes Percentage
Yes 859,675 36.40%

Defeated No

1,502,368 63.60%
Results are officially certified.
Source


Overview

What would the ballot measure have changed?

See also: Constitutional changes

Proposition 128 was designed to allow the Arizona State Legislature to amend or repeal voter-approved ballot initiatives if any portion had been declared unconstitutional or invalid by the Arizona Supreme Court or U.S. Supreme Court.[1]

As of 2021, the State Legislature could not amend or repeal voter-approved ballot initiatives due to Proposition 105 (1998), also known as the Voter Protection Act, with an exception for changes that further the measure's purpose and receive a three-fourths vote in each legislative chamber. Before Proposition 105, the Arizona State Legislature could amend or repeal voter-approved ballot initiatives and referendums.

What other changes to the initiative process were on the ballot in Arizona?

See also: Background

In 2021, the Arizona State Legislature referred two constitutional amendments related to citizen-initiated measures to the ballot for November 8, 2022. Besides the Legislative Changes to Ballot Initiatives with Invalid Provisions Amendment, the Legislature also passed the Single-Subject Requirement for Ballot Initiatives Amendment. That constitutional amendment—on the ballot as Proposition 129—was designed to require that citizen-initiated ballot measures embrace a single subject. It was approved.

In 2022, the Arizona State Legislature also placed Proposition 132 on the ballot for November 8, 2022. The constitutional amendment, which requires a 60% vote for voters to pass ballot measures to approve taxes, was approved.

How was this constitutional amendment placed on the ballot?

Path to the ballot

State Sen. Vince Leach (R-11) introduced the constitutional amendment into the state Legislature during the 2021 legislative session. The constitutional amendment passed both the Senate and House of Representatives along party lines and with the minimum number of required votes. In the Senate, 16 votes were required, and the 16 Senate Republicans voted for the amendment, while the 14 Senate Democrats voted against the amendment. In the House, 31 votes were required, and the 31 House Republicans voted for the proposal, while 25 House Democrats voted against the changes.

Text of measure

Ballot title

The official ballot title was as follows:[1]

Proposition 128
Proposed amendment to the constitution by the legislature relating to initiative and referendum

Official Title

Proposing an amendment to the constitution of Arizona; amending Article IV, Part 1, Section 1, Constitution of Arizona; relating to initiative and referendum.

Descriptive Title

The constitutional amendment would allow the legislature to amend, divert funds from, or supersede an initiative or referendum measure enacted by the people of Arizona if the measure is found to contain illegal or unconstitutional language by the Arizona or United States Supreme Court. [2]

Ballot summary

The official ballot summary was as follows:[1]

A “YES” vote shall have the effect of amending the constitution to allow the state legislature to amend, divert funds from, or supersede an initiative or referendum measure enacted by the people of Arizona if the measure is found to contain illegal or unconstitutional language by the Arizona or United States Supreme Court.

A “NO” vote shall have the effect of retaining existing law on the state legislature’s ability to amend, divert funds from, or supersede an initiative or referendum measure.[2]

Constitutional changes

See also: Article IV, Arizona Constitution

The ballot measure would have amended Section 1 of Article IV of the Arizona Constitution. The following underlined text would have been added and struck-through text would have been deleted:[1]

Note: Use your mouse to scroll over the below text to see the full text.

(1) Senate; house of representatives; reservation of power to people. The legislative authority of the state shall be vested in the legislature, consisting of a senate and a house of representatives, but the people reserve the power to propose laws and amendments to the constitution and to enact or reject such laws and amendments at the polls, independently of the legislature; and they also reserve, for use at their own option, the power to approve or reject at the polls any act, or item, section, or part of any act, of the legislature.

(2) Initiative power. The first of these reserved powers is the initiative. Under this power ten per centum percent of the qualified electors shall have the right to propose any measure, and fifteen per centum percent shall have the right to propose any amendment to the constitution.

(3) Referendum power; emergency measures; effective date of acts. The second of these reserved powers is the referendum. Under this power the legislature, or five per centum percent of the qualified electors, may order the submission to the people at the polls of any measure, or item, section, or part of any measure, enacted by the legislature, except laws immediately necessary for the preservation of the public peace, health, or safety, or for the support and maintenance of the departments of the state government and state institutions; but to allow opportunity for referendum petitions, no act passed by the legislature shall be operative for ninety days after the close of the session of the legislature enacting such measure, except such as require earlier operation to preserve the public peace, health, or safety, or to provide appropriations for the support and maintenance of the departments of the state and of state institutions; provided, that no such emergency measure shall be considered passed by the legislature unless it shall state in a separate section why it is necessary that it shall become immediately operative, and shall be approved by the affirmative votes of two-thirds of the members elected to each house of the legislature, taken by roll call of ayes and nays, and also approved by the governor; and should such measure be vetoed by the governor, it shall not become a law unless it shall be approved by the votes of three-fourths of the members elected to each house of the legislature, taken by roll call of ayes and nays.

(4) Initiative and referendum petitions; filing. All petitions submitted under the power of the initiative shall be known as initiative petitions, and shall be filed with the secretary of state not less than four months preceding the date of the election at which the measures so proposed are to be voted upon. All petitions submitted under the power of the referendum shall be known as referendum petitions, and shall be filed with the secretary of state not more than ninety days after the final adjournment of the session of the legislature which shall have passed the measure to which the referendum is applied. The filing of a referendum petition against any item, section, or part of any measure shall not prevent the remainder of such measure from becoming operative.

(5) Effective date of initiative and referendum measures. Any measure or amendment to the constitution proposed under the initiative, and any measure to which the referendum is applied, shall be referred to a vote of the qualified electors, and shall become law when approved by a majority of the votes cast thereon and upon proclamation of the governor, and not otherwise.

(6) (A) Veto of initiative or referendum. The veto power of the governor shall not extend to an initiative measure approved by a majority of the votes cast thereon or to a referendum measure decided by a majority of the votes cast thereon.

(6) (B) Legislature's power to repeal initiative or referendum. The legislature shall not have the power to repeal an initiative measure approved by a majority of the votes cast thereon or to repeal a referendum measure decided by a majority of the votes cast thereon.

(6) (C) Legislature's power to amend initiative or referendum. The legislature shall not have the power to amend an initiative measure approved by a majority of the votes cast thereon, or to amend a referendum measure decided by a majority of the votes cast thereon, unless the amending legislation furthers the purposes of such measure and at least three-fourths of the members of each house of the legislature, by a roll call of ayes and nays, vote to amend such measure or unless the measure is found to contain illegal or unconstitutional language by the Arizona Supreme Court or the United States Supreme Court.

(6) (D) Legislature's power to appropriate or divert funds created by initiative or referendum. The legislature shall not have the power to appropriate or divert funds created or allocated to a specific purpose by an initiative measure approved by a majority of the votes cast thereon, or by a referendum measure decided by a majority of the votes cast thereon, unless the appropriation or diversion of funds furthers the purposes of such measure and at least three-fourths of the members of each house of the legislature, by a roll call of ayes and nays, vote to appropriate or divert such funds or unless the measure is found to contain illegal or unconstitutional language by the Arizona Supreme Court or the United States Supreme Court.

(7) Number of qualified electors. The whole number of votes cast for all candidates for governor at the general election last preceding the filing of any initiative or referendum petition on a state or county measure shall be the basis on which the number of qualified electors required to sign such petition shall be computed.

(8) Local, city, town or county matters. The powers of the initiative and the referendum are hereby further reserved to the qualified electors of every incorporated city, town, and county as to all local, city, town, or county matters on which such incorporated cities, towns, and counties are or shall be empowered by general laws to legislate. Such incorporated cities, towns, and counties may prescribe the manner of exercising said powers within the restrictions of general laws. Under the power of the initiative fifteen per centum percent of the qualified electors may propose measures on such local, city, town, or county matters, and ten per centum percent of the electors may propose the referendum on legislation enacted within and by such city, town, or county. Until provided by general law, said cities and towns may prescribe the basis on which said percentages shall be computed.

(9) Form and contents of initiative and of referendum petitions; verification. Every initiative or referendum petition shall be addressed to the secretary of state in the case of petitions for or on state measures, and to the clerk of the board of supervisors, city clerk, or corresponding officer in the case of petitions for or on county, city, or town measures; and shall contain the declaration of each petitioner, for himself, that he is a qualified elector of the state (and in the case of petitions for or on city, town, or county measures, of the city, town, or county affected), his post office address, the street and number, if any, of his residence, and the date on which he signed such petition. Each sheet containing petitioners' signatures shall be attached to a full and correct copy of the title and text of the measure so proposed to be initiated or referred to the people, and every sheet of every such petition containing signatures shall be verified by the affidavit of the person who circulated said sheet or petition, setting forth that each of the names on said sheet was signed in the presence of the affiant and that in the belief of the affiant each signer was a qualified elector of the state, or in the case of a city, town, or county measure, of the city, town, or county affected by the measure so proposed to be initiated or referred to the people.

(10) Official ballot. When any initiative or referendum petition or any measure referred to the people by the legislature shall be is filed, in accordance with this section, with the secretary of state, he the secretary of state shall cause to be printed on the official ballot at the next regular general election the title and number of said measure, together with the words "yes" and "no" in such manner that the electors may express at the polls their approval or disapproval of the measure.

(11) Publication of measures. The text of all measures to be submitted shall be published as proposed amendments to the constitution are published, and in submitting such measures and proposed amendments the secretary of state and all other officers shall be guided by the general law until legislation shall be especially provided therefore.

(12) Conflicting measures or constitutional amendments. If two or more conflicting measures or amendments to the constitution shall be approved by the people at the same election, the measure or amendment receiving the greatest number of affirmative votes shall prevail in all particulars as to which there is conflict.

(13) Canvass of votes; proclamation. It shall be the duty of the secretary of state, in the presence of the governor and the chief justice of the supreme court, to canvass the votes for and against each such measure or proposed amendment to the constitution within thirty days after the election, and upon the completion of the canvass the governor shall forthwith issue a proclamation, giving the whole number of votes cast for and against each measure or proposed amendment, and declaring such measures or amendments as are approved by a majority of those voting thereon to be law.

(14) Reservation of legislative power. This section shall not be construed to deprive the legislature of the right to enact any measure except that the legislature shall not have the power to adopt any measure that supersedes, in whole or in part, any initiative measure approved by a majority of the votes cast thereon or any referendum measure decided by a majority of the votes cast thereon unless the superseding measure furthers the purposes of the initiative or referendum measure and at least three-fourths of the members of each house of the legislature, by a roll call of ayes and nays, vote to supersede such initiative or referendum measure or unless the measure is found to contain illegal or unconstitutional language by the Arizona Supreme Court or the United States Supreme Court.

(15) Legislature's right to refer measure to the people. Nothing in this section shall be construed to deprive or limit the legislature of the right to order the submission to the people at the polls of any measure, item, section, or part of any measure.

(16) Self-executing. This section of the constitution shall be, in all respects, self executing.[2]

Readability score

See also: Ballot measure readability scores, 2022

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 14, and the FRE is 11. The word count for the ballot title is 83.

The FKGL for the ballot summary is grade level 22, and the FRE is 13. The word count for the ballot summary is 81.


Support

Supporters

Officials

Political Parties

Organizations

  • Americans for Tax Reform
  • Goldwater Institute


Arguments

  • State Rep. Mark Finchem (R-11): "It’s true that we have certain things in law that were referred to the voters or that the voters established. I have a real struggle with believing that that pre-empts any future ask to the voters for clarity and precision."
  • Suzanne Kinney, president and CEO of Arizona Chapter of NAIOP: "Proposition 128 keeps the Voter Protection Act firmly in place, meaning that the legislature will still be unable to change or over-ride measures passed by the voters as long as those measures are Constitutional and in compliance with the law. It does solve a problem that has occurred on several occasions in the past and will likely occur again in the future. Groups putting initiatives onto the ballot sometimes make drafting errors or otherwise include language that is later found by the courts to be unconstitutional or illegal according to existing law. When this occurs, the court is faced with the difficult determination of whether to strike down the entire proposition. Under current law, the state legislature is powerless to correct the illegal or unconstitutional language. This means that proponents of the proposition may have to go back to the drawing board, starting over with the entire costly and lengthy process of getting a new initiative on the ballot in the next election. During the interim, the measure previously approved by voters would not be in effect. With Proposition 128, the legislature could make limited corrections to the proposition that either remove the illegal or unconstitutional language or redraft it in a way that is lawful. This is a simple solution that protects the will of the voters and improves the initiative process."
  • Aimee Yentes, Arizona Free Enterprise Club: "Proposition 128 is a straightforward solution to a reoccurring issue with voter-approved ballot measures: legally broken and/or unconstitutional language ... Voters expect when they are presented with a proposition that the language before them is thoughtful and has been legally scrutinized. Lacking this front-end protection of the process, Prop 128 is a good back-end policy to ensure broken laws passed by voters can be rectified."
  • Danny Seiden, president and CEO of Arizona Chamber of Commerce & Industry: "Proposition 128 is simple. If a proposition is found to contain illegal or unconstitutional language by the Arizona Supreme Court or the U.S. Supreme Court, it can be fixed. Proposition 128 ensures the Legislature can correct the mistakes of out-of-state special interests using our ballot box to impose their views on Arizona ... Preserving the power of the people is core to our democracy, but if language is enacted that is clearly in violation of the law or state Constitution then we must allow a path for our elected policymakers to correct course."


Opposition

Will of the People Arizona was the campaign in opposition to this measure.[3]

Opponents

Officials

Political Parties

  • Pima County Democratic Party

Organizations

  • Civic Engagement Beyond Voting


Arguments

  • State Rep. Athena Salman (D-26): "It’s a very sneaky way to undermine the Voter Protection Act without actually having to repeal the Voter Protection Act."
  • Pinny Sheoran, president of the League of Women Voters of Arizona: "The proposed Constitutional amendment will allow the Arizona State Legislature to amend, appropriate funds from, or supersede initiatives if any portion of a citizen’s initiative has been found to contain illegal or unconstitutional language, without the limitation to “further the purpose” of the measure and by a simple majority vote. In other words, rather than amending only illegal or unconstitutional language, the Legislature will have unchecked power to change or supersede citizen initiatives with no limitation and to do so by a simple majority vote rather than the higher threshold of a 3/4 vote. Approving this amendment will allow the Legislature free rein to appropriate or divert funds created by initiative or referendum, with unfettered ability to use the funds for whatever purpose they wish, ignoring the voters’ will."
  • Marisol Garcia, president of the Arizona Education Association: The Voter Protection Act provides protection for all measures voters pass at the ballot, ensuring the will of our electorate is not overridden or subverted by politicians. This Voter Protection Act prevents the Arizona Legislature from sabotaging policies approved by voters. Proposition 128 will undermine the Voter Protection Act and allow a simple majority of the Arizona Legislature to change or overrule any ballot measure passed by the voters based on a disagreement in language even if other portions of the law approved by voters is upheld by the courts. The will of the voters should be both respected and protected, and Proposition 128 does neither. In the last few years, we have seen what a politicized court will do to limit the voice of Arizonans at the ballot, breaking with court precedent to protect the wealthy at the expense of funding voters approved on behalf of our public schools. Proposition 128 will only further silence the voice of Arizonans at the ballot.
  • Montserrat Arredondo, executive director of One Arizona: "Proposition 128 would give politicians the authority to undo or entirely rewrite a ballot initiative that was already approved by voters, if the Arizona Supreme Court interprets any small part of the initiative as unconstitutional. In 1998, voters approved the Voter Protection Act, which prohibits the Arizona State Legislature from amending or repealing voter-approved ballot initiatives and referendums. But under Proposition 128, a few legislators would be able to overturn what the majority decides."


Campaign finance

See also: Campaign finance requirements for Arizona ballot measures
The campaign finance information on this page reflects the most recently scheduled reports processed by Ballotpedia, which covered through December 31, 2022.


The Will of the People PAC was the campaign registered in opposition to this measure.[4]

Ballotpedia has not identified ballot measure committees registered to support the ballot measure.[4]

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $0.00 $0.00 $0.00 $0.00 $0.00
Oppose $3,030,594.73 $184,469.36 $3,215,064.09 $2,966,615.28 $3,151,084.64

Opposition

The following table includes contribution and expenditure totals for the committees in opposition to the initiative.[4]

Committees in opposition to Proposition 128
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Will of the People $3,030,594.73 $184,469.36 $3,215,064.09 $2,966,615.28 $3,151,084.64
Total $3,030,594.73 $184,469.36 $3,215,064.09 $2,966,615.28 $3,151,084.64

Donors

The following were the top donors to the committee.[4]

Donor Cash Contributions In-Kind Contributions Total Contributions
SEIU-UHW $2,150,000.00 $0.00 $2,150,000.00
The Fairness Project $250,000.00 $108,593.33 $358,593.33
National Education Association $250,000.00 $0.00 $250,000.00
Every Single Vote $70,000.00 $0.00 $70,000.00

Media editorials

See also: 2022 ballot measure media endorsements

Support

You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org


Opposition

The following media editorial boards published an editorial opposing the ballot measure:

  • The Arizona Republic Editorial Board: "Read Proposition 128 more carefully and note that any finding of legal problems with a voter-approved measure – even minor points that, if struck, would still leave the bulk of the initiative intact – would allow the Legislature to also sweep funds from the measure and use them however they like. Does that come across as doing the voters’ will?"


Background

Arizona Proposition 105 (1998)

See also: Arizona Proposition 105, Voter Protection Act Amendment (1998)

In 1998, voters approved Proposition 105, also known as the Voter Protection Act. Proposition 105 prohibited the Arizona State Legislature from amending or repealing voter-approved ballot initiatives and referendums. Thus, the ballot measure required the legislature to place proposed changes on the ballot for voters to decide. Before Proposition 105, the Arizona State Legislature could amend or repeal voter-approved ballot initiatives and referendums.

Proposition 105 allowed the legislature to amend voter-approved ballot initiatives and referendums if the proposed changes furthered the measure's purpose and received a three-fourths vote in each chamber of the legislature.[5]

Legislative alteration rules by state

See also: Legislative alteration

As of 2021, Arizona was one of two states—the other being California—that prohibited legislative alterations to voter-approved ballot initiatives. Eleven of 21 states that have initiated state statutes did not restrict legislative alterations. Four states had restrictions on how soon state legislators can repeal or amend initiative statutes, ranging from two to seven years. Six states had restrictions on the vote size required for the legislature to repeal or amend initiative statutes.

Direct democracy measures on the ballot, 2022

See also: Direct democracy measures on the ballot

Voters in three states decided on legislative proposals to change citizen-initiated ballot measure processes on November 8, 2022. On June 7, voters in South Dakota rejected an amendment.

November 8

State Type Title Description Result Yes Votes No Votes
AR

LRCA

Issue 2 Require a 60% vote to approve ballot initiatives

Defeated

353,812 (41%)

511,580 (59%)

AZ

LRCA

Proposition 128 Allow the Legislature to amend or repeal voter-approved ballot measures that contain provisions ruled unconstitutional by the Arizona Supreme Court or U.S. Supreme Court

Defeated

859,675 (36%)

1,502,368 (64%)

AZ

LRCA

Proposition 129 Require citizen-initiated ballot measures to embrace a single subject

Approveda

1,311,046 (55%)

1,062,533 (45%)

AZ

LRCA

Proposition 132 Require a 60% vote to pass ballot measures to approve taxes

Approveda

1,210,702 (51%)

1,176,327 (49%)

CO

LRSS

Proposition GG Require a table showing changes in income tax owed for average taxpayers in certain brackets to be included in the ballot title for initiated measures

Approveda

1,704,757 (72%)

665,476 (28%)


June 7

State Type Title Description Result Yes Votes No Votes
SD

LRCA

Constitutional Amendment C Require a three-fifths vote of approval for ballot measures that increase taxes or fees or require the state to appropriate $10 million or more in the first five fiscal years

Defeated

59,125 (33%)

122,417 (67%)


Referred amendments on the ballot

From 1995 through 2020, the Arizona State Legislature referred 50 constitutional amendments to the ballot. Voters approved 32 (64%) and rejected 18 (35%) of the referred amendments. The average number of amendments appearing on the ballot during an even-numbered election year was 3.9. The last election ballot to feature referred constitutional amendments was November 6, 2018, when voters approved one constitutional amendment.

Legislatively-referred constitutional amendments, 1995-2020
Total number Approved Percent approved Defeated Percent defeated Even-year average Even-year median Even-year minimum Even-year maximum
50 32 64.0% 18 35.0% 3.9 5.0 0 8

Path to the ballot

See also: Amending the Arizona Constitution

In Arizona, as of 2022, a constitutional amendment requires a simple majority vote in each chamber of the Arizona State Legislature during one legislative session.

In 2021, the constitutional amendment was introduced into the Arizona State Legislature as Senate Concurrent Resolution 1034 (SCR 1034). On March 10, 2021, the Arizona State Senate voted 16-14 to approve the constitutional amendment. Senate Republicans voted for SCR 1034, and Senate Democrats voted against SCR 1034. On June 25, 2021, the Arizona House of Representatives voted 31-25 to pass SCR 1034. House Republicans supported the proposal, and House Democrats opposed the proposal. With approval in the Senate and House, the constitutional amendment was referred to the ballot for the general election on November 8, 2022.[1]

Vote in the Arizona State Senate
March 10, 2021
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 16  Approveda
YesNoNot voting
Total16140
Total percent53.33%46.67%0.00%
Democrat0140
Republican1600

Vote in the Arizona House of Representatives
June 25, 2021
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 31  Approveda
YesNoNot voting
Total31254
Total percent51.67%41.67%6.67%
Democrat0254
Republican3100

How to cast a vote

See also: Voting in Arizona

Click "Show" to learn more about voter registration, identification requirements, and poll times in Arizona.

See also

External links

Footnotes