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REFERENCE TITLE: legislature; members; qualifications |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SCR 1050 |
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Introduced by Senator Bolick
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A CONCURRENT RESOLUTION
Proposing an amendment to the constitution of Arizona; amending article IV, part 2, sections 2, 5, 6, 9, 11 and 21, constitution of arizona; amending article iv, part 2, constitution of arizona, by ADDING section 26; amending article V, section 12, constitution of arizona; relating to the legislature.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:
1. Article IV, part 2, section 2, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
2. Qualifications of members of legislature
Section 2. A. No person shall be a member of the legislature unless he shall be that person is a citizen of the United States at the time of his that person's election, nor unless he shall be that person is at least twenty-five years of age, and shall have has been a resident of Arizona at least three years and of the county from which he the person is elected at least one year before his the person's election.
B. Beginning with the 2030 Primary election and general election, a qualified candidate for the legislature must have not only the person's name, party and district on the election ballot, the qualified CANDIDATE shall also have all of the following information printed on the ballot:
1. A description of the candidate's current employment, with a maximum of three words.
2. The candidate's education level selected from the following:
(a) General equivalency diploma.
(b) High School Diploma.
(c) ATTENDED College, but did not graduate.
(d) Associate's degree from an ACCREDITED Community college or University.
(e) Undergraduate degree from an ACCREDITED college or university.
(f) Graduate or professional degree from an ACCREDITED college or university.
(g) Attended Vocational training.
(h) Completed vocational training.
(i) Professional or VOCATIONAL CERTIFICATION or LICENSE.
3. Whether the candidate served in the military, selected as "Yes" or "No". If the candidate selected "Yes", whether the candidate was honorably discharged.
4. Whether the candidate voted in the last three general elections.
C. To have answers to the questions in Subsection B, paragraphs 2 and 3 of this section printed on the ballot, a candidate must submit evidence prescribed by the legislature to support the answers provided by the candidate. Failure to submit the answers and the prescribed evidence in the time frame required will result in a blank appearing on the ballot for the applicable question.
D. To have the answer to the question in subsection B, paragraph 4 of this section printed on the ballot, a candidate must submit information to the secretary of state's office as prescribed by the secretary of state. The secretary of state shall coordinate with the counties in this state and any other states as needed to support the answer provided by the candidate. Failure to submit the answer and the prescribed information in the time frame required will result in a blank appearing on the ballot for the applicable question.
E. a Member of the legislature shall maintain the member's primary residence within the boundaries of the legislative district the member represents. a member whose district is, at its geographic centerpoint, at least fifty miles away from the state capitol may maintain a temporary residence to accommodate activities at the state capitol. there shall be clear evidence provided at the time of election that the member has a residence in the district that constitutes the member's primary home of record, along with a signed and notarized affidavit that certifies all of the following:
1. There is no intent to misrepresent the member's true residence.
2. The reported address is an apartment, home or similar dwelling and not a post office box, storage unit or structure that typically has no one living in it.
3. An understanding that if the member relocates from the reported residential address, a new residential address within the district must be reported to the president of the senate or the speaker of the house of REPRESENTATIVES, whichever is applicable, and the secretary of state.
4. AN UNDERSTANDING that failure to maintain a home in the district constitutes forfeiture of the office.
2. Article IV, part 2, section 5, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
5. Ineligibility of members of legislature to other offices; exceptions
Section 5. A. No member of the legislature, during the term for which he shall have been the member was elected or appointed shall be eligible to hold any other office or be otherwise employed by the this state of Arizona or, any county or incorporated city or town thereof of this state. This prohibition shall does not extend to any of the following:
1. The office of school trustee. , nor to
2. Employment as a teacher or instructor in the public school system.
3. public sector employment only as:
(a) a reserve law enforcement officer.
(b) a volunteer or reserve firefighter, paramedic or emergency response professional.
4. guard or reserve military personnel not on full-time orders.
B. A member of the legislature, during the term for which the member was elected and for four years thereafter, may not accept or receive any office of trust, profit, honor or emolument that was created by any law passed by the legislature of which the member served. Any appointment made in violation of this section is void.
C. the governor or other officials or board members May not appoint a member of the legislature to any office of trust, profit, honor or emolument that was created by any law passed by the legislature of which the member served during the term for which the member was elected and for four years thereafter.
D. If a member of the legislature who is not on full-time military orders at the time of election Or appointment to office is called to active duty, the member is not required to forfeit the member's office during the remainder of the term for which the member was elected or appointed.
3. Article IV, part 2, section 6, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
6. Privilege from arrest; civil process
Section 6. a. Members of the legislature shall be are privileged from arrest in all cases except treason, felony, reckless driving, driving under the influence and breach of the peace, and they shall not be subject to any civil process during the session of the legislature, nor for fifteen days next before the commencement of each session.
B. Traffic tickets may be issued to a member of the legislature, but the member is not required to appear for a hearing any earlier than thirty days after the adjournment sine die of the legislature's regular session of the legislature that was in session, or was pending opening, at the time of the alleged traffic offense. Notwithstanding these restrictions, a member, during the regular session at the member's discretion, may request the jurisdiction responsible for traffic ticket enforcement to schedule a hearing, may waive a hearing or may choose to pay any fee or fine instead of a hearing.
4. Article IV, part 2, section 9, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
9. Quorum; compelling attendance; adjournment; intentional absences; rules; annual report
Section 9. A. The majority of the members of each house shall constitute constitutes a quorum to do business, but a smaller number may meet, adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as each house of the legislature may prescribe. Neither house of the legislature shall adjourn for more than three days, nor to any place other than that in which it may be sitting, without the consent of the other.
B. Members of each house of the legislature may not intentionally be absent from attendance for the purpose of ensuring business cannot be conducted due to lack of a quorum. Any member who is absent with the intent to preclude a quorum is guilty of misconduct and may be subject to punishment, including expulsion.
C. if members of each house of the legislature are intentionally absent from attendance to prevent a quorum from forming in order to halt legislative business or to avoid casting a vote on any legislative matter, including any bill requiring greater than a simple majority to pass, either the president of the senate or the speaker of the house of representatives may initiate proceedings, following a notice and a twenty-four-hour waiting period for members to return to the capitol and participate in business of the legislature, to determine the matter of intentional absences by members. Each house of the legislature shall develop rules for such proceedings.
D. Beginning january 1, 2028, each house of the legislature shall publish a report within forty-five days after an adjournment sine die showing regular session voting status of members on the following activities:
1. Bills during committee hearings.
2. Committee of the whole roll call votes.
3. Third reading of bills.
4. Final reading of bills.
E. The reports pursuant to SUBSECTION D of this section shall summarize what percentage of total votes by category the member cast a vote, regardless of whether it was a yes or no vote, and what portion was a missed vote or something other than a "yes" or "no" vote, regardless of the reason. Each house of the legislature, at its discretion, may provide separate reports on whether a member's missed votes were excused or unexcused and the reason for the excusal. All reports are considered public records and must be published on at least one legislative website or similar electronic platform that allows the general public to obtain access to the results, and must be submitted electronically to each member of the legislature and the secretary of state.
5. Article IV, part 2, section 11, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
11. Disorderly behavior; expulsion of members
Section 11. A. Each house may punish its members for disorderly behavior, and may, with the concurrence of two-thirds of its members, may expel any member.
B. IN THE EVENT THAT A SIMPLE MAJORITY OF THE SENATE OR HOUSE OF REPRESENTATIVES DETERMINES PURSUANT TO Article iv, PART 2, SECTION 9 of this CONSTITUTION THAT ONE OR MORE OF ITS MEMBERS WERE INTENTIONALLY ABSENT FOR THE PURPOSE OF PREVENTING THE CONDUCT OF LEGISLATIVE BUSINESS OR TO AVOID CASTING A VOTE ON ANY LEGISLATIVE MATTER, INCLUDING ANY BILL REQUIRING GREATER THAN A SIMPLE MAJORITY FOR PASSAGE, ANY OFFENDING MEMBER MAY BE EXPELLED WITH THE CONCURRENCE OF A SIMPLE MAJORITY OF ITS MEMBERS.
6. Article IV, part 2, section 21, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
21. Term limits of members of state legislature
Section 21. A. The members of the first legislature shall hold office until the first Monday in January, 1913. The terms of office of the members of succeeding legislatures shall be the house of representatives are two years. until december 31, 2030, the terms of office of the members of the state senate are two years. Beginning january 1, 2031, for members elected in november 2030, the terms of office of the members of the state senate are four years.
B. No state senator shall serve more than four consecutive terms in that office, nor shall any state representative serve more than four consecutive terms in that office. This limitation on the number of terms of consecutive service shall apply to terms of office beginning on or after January 1, 1993 and shall no longer apply to terms beginning January 1, 2031. No legislator, after serving the maximum number of terms, which shall include any part of a term served, may serve in the same office until he has been out of office for no less than one full term.
C. Beginning with the terms of office starting january 1, 2031 and later, no member of the legislature may be elected or appointed to serve as a member who has already served a total of twenty years in the legislature or whose election will cause them to exceed the twenty-year maximum pursuant to this section.
7. Article IV, part 2, Constitution of Arizona, is proposed to be amended by adding section 26 as follows if approved by the voters and on proclamation of the Governor:
26. Legislative vacancies
Section 26. A. The legislature shall prescribe by legislative act the standard process for filling a vacant legislative seat.
B. To address delays in the process for legislative seats that have been vacant for more than thirty days and the vacancy remains unfilled during a regular or special legislative session, the legislature may develop its own rules for acting on its own accord to fill the vacancy.
C. if a legislative seat has remained vacant for more than thirty days and the legislature is in regular or special session, the president of the senate or the speaker of the house of REPRESENTATIVES may initiate the process reflected in the rules of the senate or house of representatives, whichever is applicable, to fill the vacancy. If the speaker of the house of representatives or the president of the senate initiates this process to fill the vacancy due to a delay of more than thirty days when the legislature is in regular or special session, the standard method reflected in statute may not be used, and the vacant seat shall be filled using the process reflected in the rules of the senate or house of representatives. Any candidate who fills a vacancy shall meet all existing legislator eligibility requirements and be from the same political party of which the person who was elected or appointed to the office was a member immediately before the vacancy occurred, except that if the person vacating the office changed political party affiliation after taking office, the person who is appointed to fill the vacancy shall be of the same political party that the vacating legislator was when the vacating legislator was elected or appointed to that office.
8. Article V, section 12, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
12. Compensation of elective state officers; commission on salaries for elective state officers
Section 12. A. BEGINNING JANUARY 1, 2031, THE SALARY FOR A legislative member of the state SENATe SHALL be THIRTY PERCENT OF THE SALARY of A MEMBER OF THE UNITED STATES CONGRESS who does not HOLD A LEADERSHIP POSITION, and THE ANNUAL SALARY FOR A legislative member of the house of REPRESENTATIVES SHALL be HALF OF THE SALARY OF A LEGISLATIVE MEMBER OF THE STATE SENATE.
B. Beginning JANUARY 1, 2030 and before each subsequent general election, the state treasurer shall calculate the salary of members of the legislature using the united states congressional salary data in effect on july 1 of the general election year. The results shall be submitted to the governor, the secretary of state, the president of the senate and the speaker of the house of representatives and shall be posted on the state treasurer's website. Members shall receive salary payments on a schedule that is equivalent to that available to state employees. Members of the legislature are not eligible for advances in salary payments.
C. The president of the senate and speaker of the house of representatives are eligible for an additional five percent payment above their base salaries while they are serving in their role as presiding officer. The majority and minority leaders and whips of the senate and the majority and minority leaders and whips of the house of representatives are eligible for an additional two and one-half percent payment above their base salaries while they are serving in their respective leadership roles. The five senators and five representatives holding these positions are the only members of the legislature eligible for these additional payments to their base salaries.
D. the annual base salary of a member of the legislature may not be more than the salary of the governor.
E. The salaries of those holding elective state offices other than the office of state legislator shall be as established by law from time to time, subject to the limitations of article 6 VI, section 33 of this constitution and to the limitations of article 4 iv, part 2, section 17 of this constitution. Such salaries as are presently established may be altered from time to time by the procedure established in this section or as otherwise provided by law, except that legislative salaries may be altered only by the procedures established in this section.
F. A commission to be known as the commission on salaries for elective state officers is authorized to be established by the legislature. The commission shall be composed of five members who are appointed from private life, two of whom shall be appointed by the governor and one each by the president of the senate, the speaker of the house of representatives, and the chief justice. At such times as may be directed by the legislature, the commission shall report to the governor with recommendations concerning the rates of pay of elected state officers. The governor, shall upon on the receipt of such report, shall make recommendations to the legislature with respect to the exact rates of pay which he that the governor deems advisable for those offices and positions other than for the rates of pay of members of the legislature. Such recommendations shall become effective at a time established by the legislature after the transmission of the recommendation of the governor without aid of further legislative action unless, within such period of time, there has been enacted into law a statute which that establishes rates of pay other than those proposed by the governor, or unless either house of the legislature specifically disapproves all or part of the governor's recommendation. The recommendations of the governor, unless disapproved or altered within the time provided by law, shall be effective; and any 1971 recommendations shall be effective as to all offices on the first Monday in January of 1973. In case of either a legislative enactment or disapproval by either house, the recommendations shall be effective only insofar as not altered or disapproved. The recommendations of the commission as to legislative salaries shall be certified by it to the secretary of state and the secretary of state shall submit to the qualified electors at the next regular general election the question, "Shall the recommendations of the commission on salaries for elective state officers concerning legislative salaries be accepted? [ ] Yes [ ] No." Such recommendations if approved by the electors shall become effective at the beginning of the next regular legislative session without any other authorizing legislation. All recommendations which that become effective under this section shall supersede all laws enacted prior to before their effective date relating to such salaries.
Sec. 9. Conforming legislation
The legislative council staff shall prepare proposed legislation conforming the Arizona Revised Statues to the provisions of this act for consideration in the fifty-eighth legislature, first regular session.
10. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.