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ARIZONA STATE SENATE

Fifty-Fifth Legislature, First Regular Session

 

FACT SHEET FOR S.B. 1531

 

petition signatures; description; invalidity

Purpose

            Voids the signature of any initiative or referendum petition signer that signs the petition without either hearing or reading the initiative or referendum description printed on the petition.

Background

            The Arizona Constitution allows 10 percent of the qualified electors to propose any measure and 15 percent of qualified electors to propose any amendment to the constitution through initiative. Additionally, 5 percent of qualified electors may to refer any measure, item, section or part of a measure enacted by the Legislature to the ballot (Ariz. Const. art. 4, pt. 1, § 1). Initiative and referendum petitions must include an initiative or referendum description of no more than 100 words of the principal provisions of the measure and must have the full title and text of the measure attached (A.R.S. §§ 19-101 and 19-102).

            Every qualified elector signing a petition must do so in the presence of the petition circulator. At the time of signing, the qualified elector must sign the elector's first and last name and include the elector's address and the date on which the elector signed the petition (A.R.S. § 19-112). A petition is filed when petition sheets are tendered to the Secretary of State (SOS), who must issue a receipt based on an estimate of the purported number of sheets and signatures filed (A.R.S. § 19-121). After filing, the SOS must remove signatures that do not comply with statutory requirements and are not eligible for verification, including those missing a signature, residence address or date of signing. Once ineligible  petition sheets and signatures are removed, the SOS must count all remaining petition sheets and signatures and notify the applicant of the total number eligible for verification (A.R.S. § 19-121.01).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Requires an initiative or referendum petition circulator to either read the initiative or referendum description printed on the petition aloud to each person signing or allow the person sufficient time to read the description before signing.

2.   Voids the signature of any initiative or referendum petition signer that signs the petition without either hearing or reading the description.

3.   Requires the petition circulator to inform the person that reading the description is required so that the person can understand the petition.

4.   Requires each person signing an initiative or referendum petition to affirm that the person has heard or read and understood the description before signing the petition.

5.   Requires the circulator to draw a line through the signature of any signer that did not hear or read the description.

6.   Requires the SOS to remove any signatures on an initiative or referendum petition with a line drawn through them by the circulator for a failure of the signer to read or allow the circulator to read the description.

7.   Requires the top of each initiative or referendum petition sheet to state that the signer's signature is invalid if the circulator does not read the description aloud or give sufficient time for the signer to read it.

8.   Makes technical changes.

9.   Becomes effective on the general effective date.

Prepared by Senate Research

February 4, 2021

MH/gs