Fifty-third Legislature Judiciary

First Regular Session H.B. 2404




(Reference to House engrossed bill)


Page 1, strike lines 2 through 12

Renumber to conform

Page 4, between lines 39 and 40, insert:

"Sec. 5.  Legislative findings; purpose

A.  The legislature finds that:

1.  Statewide initiative measures enact broad and sweeping changes to the laws of this state.

2.  Protecting the integrity of the initiative process through the prevention of fraud is a significant state interest.

3.  Arizona currently permits the practice of paying signature gatherers based on the number of signatures collected.

4.  "There is some consensus among scholars, practitioners, and even some courts that the practice of paying canvassers based on the number of signatures they collect is directly linked to high levels of fraud in the signature‑gathering process." Jocelyn Friedrichs Benson, Election Fraud and the Initiative Process: A Study of the 2006 Michigan Civil Rights Initiative, 34 Fordham Urb. L.J. 889, 923 (2007).

5.  To reduce fraud in the signature collecting process, states have enacted prohibitions on payment per signature.

6.  "[A]vailable evidence though limited suggests that circulators paid by the hour [] have a higher validity rate than those paid by the signature." Affidavit of Richard J. Ellis, Ph.D. at 5, Prete v. Bradbury, No. 03‑6357‑AA, 2004 U.S. Dist. LEXIS 28738 (D. Or. Feb. 18, 2004), aff'd, 438 F.3d 949 (9th Cir. 2006).

B.  Based on the findings provided in subsection A of this section, the legislature's purpose in adopting this act includes the following:

1.  Prohibiting the specific practice of paying signature gatherers based on the number of collected signatures.

2.  Clarifying who may bring an action to challenge the validity of an initiative or referendum and the time frame in which a challenge may be made."

Amend title to conform







04:00 PM

C: ld