Arizona Proposition 308, In-State Tuition for Non-Citizen Residents Measure (2022)

Arizona Proposition 308
Election date November 8, 2022
Topic Education and Immigration
Status a Approved
Type State statute	Origin State legislature

Arizona Proposition 308, the In-State Tuition for Non-Citizen Residents Measure, was on the ballot in Arizona as a legislatively referred state statute on November 8, 2022. The measure was approved.

A "yes" vote supported allowing non-citizen students to receive in-state college tuition when a student (a) attended school in Arizona for at least two years and (b) graduated from a public school, private school, or homeschool in Arizona.

A "no" vote opposed allowing non-citizen students to receive in-state college tuition, thus continuing to require out-of-state tuition rates for non-citizen students who attended for at least two years and graduated from schools in Arizona.

Election results

Arizona Proposition 308
Result		Votes	Percentage
Yes		1,250,320	51.24%
No		1,189,877	48.76%

Results are officially certified.

Source

Overview

What did this ballot measure change?

See also: Text of measure

Proposition 308 was designed to allow non-citizen students, except those considered to be nonresident aliens under federal law, to receive in-state college tuition when a student (a) attended school in Arizona for at least two years and (b) graduated from a public school, private school, or homeschool in Arizona. Examples of nonresident aliens, as found in U.S. Code Title 8, are the families of foreign ambassadors, diplomats, and employees and non-citizens with residencies in a foreign nation that the non-citizen has no intention of abandoning.

Proposition 308 repealed provisions of Proposition 300, which voters approved in 2006. Proposition 300 provided that non-citizens could not receive certain state-subsidized services, benefits, or financial aid or in-state tuition rates.

How did the legislature refer this ballot measure?

See also: Path to the ballot

In Arizona, a successful ballot measure cannot be repealed by the state Legislature without voter approval. To repeal provisions of Proposition 300 (2006), the legislature needed to submit a new ballot measure to voters.

State Sen. Paul Boyer (R-20) introduced the ballot measure into the Arizona State Legislature in 2021. On March 4, 2021, the Arizona State Senate voted 17-13 to pass the proposal. Senate Democrats and three Republicans supported putting the measure on the ballot. The remaining 13 Republicans opposed the measure. The Arizona House of Representatives voted 33-27 to approve the measure for the ballot on May 10, 2021. House Democrats, along with four Republicans, supported putting the measure on the ballot. The remaining 27 Republicans opposed the measure.

Text of measure

Ballot title

The official ballot title was as follows:

“

Proposition 308 Referred to the people by the legislature relating to the classification of students for tuition purposes Official Title Amending sections 1-502 and 15-1803, Arizona revised statutes; repealing section 15-1825, Arizona revised statutes; relating to the classification of students for tuition purposes. Descriptive Title The law would allow Arizona students, regardless of immigration status, to be eligible for financial aid at state universities and community colleges and in-state tuition if they graduated from and attended a public or private high school, or home school equivalent, for two years in Arizona.

”

Ballot summary

The official ballot summary was as follows:

“

A “YES” vote shall have the effect of allowing any Arizona student, regardless of immigration status, to be eligible for in-state tuition at state universities and community colleges if they graduated from, and spent at least two years attending, an Arizona public or private high school, or homeschool equivalent; allowing any Arizona student, regardless of immigration status, to be eligible for state financial aid at state universities and community colleges. A “NO” vote shall have the effect of retaining the current law on university and community college tuition.

”

Full text

The full text of the ballot measure is below:

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 13, and the FRE is 24. The word count for the ballot title is 88.

The FKGL for the ballot summary is grade level 19, and the FRE is 14. The word count for the ballot summary is 89.

Support

Yes on 308 was the campaign in support of the measure.

Supporters

Officials

• State Rep. Cesar Chavez (D)
• State Rep. David Cook (R)
• House Minority Leader Charlene Fernandez (D)
• State Rep. Jennifer Jermaine (D)
• State Rep. Joel John (R)
• State Rep. Raquel Terán (D)
• State Rep. Michelle Udall (R)
• Superintendent of Public Instruction Kathy Hoffman (D)

Political Parties

• Pima County Democratic Party

Organizations

• American Civil Liberties Union
• Civic Engagement Beyond Voting
• Greater Phoenix Leadership

Arguments

• State Rep. Michelle Udall (R-25): "We need more college educated teachers, health care workers, lawyers, engineers and a host of other occupations. The youth this bill seeks to help shouldn’t be blamed or judged based on others' actions. They were brought here as minors, as children."
• Marisol Garcia, president of the Arizona Education Association: "Proposition 308 will allow Dreamers who have graduated from Arizona schools to receive in-state tuition at our public institutions of higher education. For these students, this will be life changing. For Arizona, it will mean retaining more of our best and brightest in the state."
• State Sen. Raquel Terán (D-30): "Arizona Dreamers are Arizonans. They have grown up here, attended our schools, have family and friends in our state, and deserve every opportunity to succeed. Holding Dreamers back by charging them out-of-state tuition not only financially harms these students but also harms Arizona’s economic future. These students represent our future innovators and job creators who we risk losing by charging them three times more tuition to attend our community colleges and universities. I fully support Prop 308 because it removes unnecessary barriers to a college education for Arizona students."

Opposition

Opponents

Officials

• State Rep. Leo Biasiucci (R)
• State Rep. Joseph Chaplik (R)
• State Rep. John Fillmore (R)

Political Parties

• Republican Party of Arizona

Arguments

• State Rep. John Fillmore (R-16): "I believe this policy that we are embarking on here is misguided, unfortunate, unneeded and is actually detrimental to the welfare of my county. Americans should not have to pay for non-American citizens, illegals, giving them favored status for their trespass and invasion into America."
• Dr Kelli Ward chairwoman of the Republican Party of Arizona; Yvonne Cahill, secretary of the Republican Party of Arizona: "This proposition attempts to solve high college tuition costs by providing taxpayer-funded subsidies for all people in Arizona. This initiative does little to solve the inherent causes leading to high tuition costs and an attempt to solve one issue could create countless others. If passed, this will lead to an increase in taxes statewide and would use our tax dollars to pay for illegal aliens and non-citizens to attend university at an equal or lower cost compared to American citizens."
• Tom Collinson, chairman of the Board, RIDERSUSA: "The way this proposition is written it would allow any illegal alien, at any age, who criminally trespassed into America in violation of U.S. Immigration Law the opportunity and benefit of paying in-state tuition fees for a higher education as long as they proved two years of residency in the State and completed some type of high school. Why should they pay a subsidized lower tuition rate? Why should Arizona tax payers contribute to the higher education costs for illegal alien/criminal trespassers as this proposition would allow if passed? They haven’t earned the benefit."

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.

Yes on 308 was the campaign registered in support of the measure. They raised $2.23 million in contributions and spent $2.23 million.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$1,933,086.84	$300,000.00	$2,233,086.84	$1,932,803.08	$2,232,803.08
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00

Support

The following table includes contribution and expenditure totals for the committees in support of the measure.

Committees in support of Proposition 308
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Yes on 308	$1,933,086.84	$300,000.00	$2,233,086.84	$1,932,803.08	$2,232,803.08
Total	$1,933,086.84	$300,000.00	$2,233,086.84	$1,932,803.08	$2,232,803.08

Donors

The following were the top donors who contributed to the support committees.

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
American Business Immigration Coalition Action	$230,000.00	$777,042.35	$1,007,042.35
Chicanos Por la Causa	$1,000,000.00	$0.00	$1,000,000.00
Cheryl Najaf	$100,000.00	$0.00	$100,000.00
American Civil Liberties Union, Inc.	$50,000.00	$876.00	$50,876.00
DFX LLC	$50,000.00	$0.00	$50,000.00
GPL Committee for Arizona Leadership	$50,000.00	$0.00	$50,000.00
James Murphy	$50,000.00	$0.00	$50,000.00

Opposition

Ballotpedia did not identify ballot measure committees registered to oppose the ballot measure.

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Media editorials

See also: 2022 ballot measure media endorsements

Support

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

• The Arizona Republic Editorial Board: "'Dreamers' were brought illegally to the United States at a young age. They were raised here, attended school here, learned the language and assimilated to the culture. They are, by any measure, American and Arizonan. Nothing is served by denying them the opportunity to attend Arizona’s public universities at in-state tuition or to receive scholarships and other education assistance for which they otherwise wholly qualify. Those with bachelor’s degrees earn upwards of more than $1 million more over their lifetime than those with only high school degrees. Hundreds of thousands of those dollars go toward taxes. Hundreds of thousands more are pumped into the local economy. Arizona has lost an untold number of “Dreamers” and an untold amount of talent and revenue since the 2006 initiative. There’s no reason not to support Proposition 308 on Nov. 8."

Opposition

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

Background

Proposition 300

See also: Arizona Proposition 300, Prohibit Education Financial Assistance and In-State Tuition for Non-Citizens Measure (2006)

In 2006, the Arizona State Legislature referred Proposition 300 to the general election ballot. Proposition 300 was designed to prohibit non-citizens and people without legal residential status from receiving in-state college tuition, education financial aid, or state-subsidized childcare assistance. The ballot measure received 71.4% of the vote.

In-state university tuition for non-citizen residents by state

As of March 2021, 17 states and D.C. had passed legislation to offer in-state tuition to certain non-citizen residents and seven state university systems authorized in-state tuition for certain non-citizen residents.

Path to the ballot

See also: Legislatively referred state statute

In Arizona, a successful ballot measure cannot be repealed by the state Legislature without voter approval. To repeal provisions of Proposition 300 (2006), the legislature needed to submit a new ballot measure to voters. A referred statute requires a simple majority vote in each chamber of the Arizona State Legislature during one legislative session.

State Sen. Paul Boyer (R-20) filed the ballot measure as Senate Concurrent Resolution 1044. On March 4, 2021, the Arizona State Senate voted 17-13 to pass SCR 1044. Senate Democrats and three Republicans supported the resolution. The remaining 13 Republicans opposed the bill.

The Arizona House of Representatives voted 33-27 to approve SCR 1044 on May 10, 2021. House Democrats, along with four Republicans, supported the resolution. The remaining 27 Republicans opposed the resolution.

With approval in the Senate and House, the proposal was referred to the ballot for November 8, 2022.

Vote in the Arizona State Senate March 4, 2021
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 16  a
	Yes	No	Not voting
Total	17	13	0
Total percent	56.67%	43.33%	0.00%
Democrat	14	0	0
Republican	3	13	0

Vote in the Arizona House of Representatives May 10, 2021
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 31  a
	Yes	No	Not voting
Total	33	27	0
Total percent	55.00%	45.00%	0.00%
Democrat	29	0	0
Republican	4	27	0

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.

How to cast a vote in Arizona

Poll times In Arizona, all polling places are open from 6:00 a.m. to 7:00 p.m. local time. An individual who is in line at the time polls close must be allowed to vote. Registration Check your voter registration status here. To vote in Arizona, one must be a citizen of the United States and a resident of an Arizona county. A voter must be 18 years or older on or before Election Day. To be eligible to vote in an election one must register at least 29 days prior to the election. Individuals can register online, in person at the county recorder's office, or by mail. Automatic registration Arizona does not practice automatic voter registration. Online registration See also: Online voter registration Arizona has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registration Arizona does not allow same-day voter registration. Residency requirements Arizona law requires 29 days of residency in the state before a person may vote. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States On March 30, 2022, Governor Doug Ducey (R) signed HB2492 into law. HB2492 requires that voters submitting registration forms not produced by the U.S. Election Assistance Commission submit proof of citizenship along with their registration forms. In the case of registration forms produced by the U.S. Election Assistance Commission, HB2492 requires election officials to "use all available resources to verify the citizenship status" of applicants. Should officials be unable to verify a voter's citizenship status, that voter will be barred from voting in a presidential election or by mail in any election, pending submission of proof of citizenship. Should officials determine that a voter is not a citizen, officials will be required to forward the registration application to the county attorney and the attorney general for investigation. Officials who fail to comply with these requirements are guilty of a Class 6 felony. Verifying your registration The site Voter View, run by the Arizona Secretary of State's office, allows residents to check their voter registration status online. Voter ID requirements Arizona requires voters to present photo identification or two forms of non-photo identification while voting. The following were accepted forms of identification as of March 2023: Click here for the Arizona Citizens Clean Elections Commission's page on accepted ID to ensure you have the most current information. Voters can present one of the following forms of ID that contain the voter’s photograph, name, and address: Driver’s license U.S. federal, state, or local government-issued ID, issued with printed name and address Arizona ID card Tribal enrollment card or other form of tribal ID If a voter does not have one of the above forms of ID, the voter can present two of the following forms of ID that contain the voter’s name and address: Utility bill in the voter's name Bank or credit union statement that is dated within 90 days of the date of the election Valid Arizona vehicle registration Arizona vehicle insurance card Indian census card Property tax statement Recorder's certificate or voter registration card Tribal enrollment card or other tribal ID Valid U.S. federal, state, or local government-issued ID with a printed name and address or Any mailing in the voter's name that is labeled "official election material"   Additionally, if a voter presents photo ID that does not list an address within the precinct in which he or she wants to cast a vote, that person may present the photo ID with one non-photo identification material from the second list above. The identification material should include the voter’s address.

See also

2022 measures

• 2022 ballot measures
• Education on the ballot
• Immigration on the ballot
• 2022 legislative sessions

Arizona

• Arizona ballot measures
• Arizona ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Senate Concurrent Resolution 1044 (2021)