ARIZONA STATE SENATE

RESEARCH STAFF

JASON THEODOROU

LEGISLATIVE RESEARCH ANALYST

REGULATORY AFFAIRS & GOVERNMENT EFFICIENCY COMMITTEE

Telephone: (602) 926-3171

TO:                  MEMBERS OF THE SENATE

REGULATORY AFFAIRS & GOVERNMENT EFFICIENCY COMMITTEE

DATE:            March 22, 2026

SUBJECT:      Strike everything amendment to H.B. 2873, relating to municipal referendum petitions

Purpose

Authorizes a person or organization that files a referendum petition with a city or town to file a written notice of withdrawal of the referendum petition before the measure qualifies for the ballot.

Background

The Arizona Constitution grants qualified electors the power of the referendum to approve or reject at the polls all matters on which a city or town is empowered by general laws to legislate. 10 percent of the electors may propose the referendum on legislation enacted within and by such city or town (Ariz. Const. art. 4, pt. 1 § 1).

A referendum petition must be filed with the city or town clerk within 30 days after passage of an ordinance, resolution or franchise. The whole number of votes cast at the citywide or townwide election at which a mayor or councilperson were chosen last preceding the submission of the application for a referendum petition against an ordinance, franchise or resolution must be the basis on which the number of electors of the city or town required to file a referendum petition is to be computed. Within 72 hours, excluding Saturdays, Sundays and legal holidays, the final number of valid referendum signatures must be tabulated based on the certification of the five percent random sampling completed by the county recorder’s office. If a sufficient number of valid signatures are filed, the referendum will be placed on the ballot in the manner provided by law (A.R.S. §§ 19-121.04 and 19-142).

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

Provisions

1. Allows a person or organization that files a referendum petition with a city or town clerk to withdraw the referendum petition by filing a written notice of withdrawal with the city or town clerk at any time before the measure has qualified for the ballot.

2. Applies the notice of withdrawal authorization retroactively to all written notices of withdrawals that are filed with a city or town clerk by January 1, 2026, regardless of whether the withdrawal was accepted or rejected.

3. Prohibits votes for any city or town referendum for which a written notice of withdrawal has been filed by January 1, 2026, from being tallied or canvassed.

4. Become effective on the general effective date.