municipal; county measures; filings; actions

HB2512 - 572R - I Ver

REFERENCE TITLE:
municipal; county measures; filings; actions

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2512

Introduced by

Representatives
Stahl Hamilton: Abeytia, Cavero, Connolly, Contreras P, Crews, Garcia,
Gutierrez, Liguori, Sandoval, Simacek, Travers, Villegas

AN
ACT

amending section 19-141, Arizona Revised
Statutes; relating to initiative and referendum in cities, towns and counties.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 19-141, Arizona Revised
Statutes, is amended to read:

START_STATUTE
19-141.

Initiative and referendum in counties, cities and towns;
challenges

A. This chapter applies to the legislation of
cities, towns and counties, except as specifically provided to the contrary in
this article. The duties required of the secretary of state as to
state legislation shall be performed in connection with such legislation by the
city or town clerk, county officer in charge of elections or person performing
the duties
as such
of that office
.
� The city or town clerk, county officer in charge of elections or
person performing the duties of that office does not have the authority to
determine the constitutionality of the proposed measure and may not reject an
initiative or referendum filing on those grounds.
The duties
required of the governor shall be performed by the mayor or the chairman of the
board of supervisors, the duties required of the attorney general shall be
performed by the city, town or county attorney, and the printing and binding of
measures and arguments shall be paid for by the city, town or county in like
manner as payment is provided for by the state with respect to state
legislation. The provisions of section 19-124 with respect to
the legislative council analysis do not apply in connection with initiatives
and referenda in cities, towns and counties. The printing shall be
done in the same manner as other municipal or county printing is done.

B. Distribution of pamphlets shall be made to every
household containing a registered voter in the city, town or county by the city
or town clerk or by the county officer in charge of elections by mail before
the earliest date for receipt by registered voters of any requested early
ballot for the election at which the measures are to be voted on.� If the
pamphlet is not mailed before the earliest date for receipt of a requested
early ballot, the officer in charge of elections shall provide a notice with the
early ballots stating when the pamphlets will be mailed and where and when the
pamphlets may be accessed or viewed. Any contract for pamphlet
publication or mailing, or both, shall provide for the contractor to pay a
penalty for each day of mailing that occurs on or after the earliest date for
receipt of requested early ballots.� The penalty shall be
one
cent
$.01
for each household with a registered
voter for each day of late mailing, and the monies shall be paid to the office
of the officer in charge of elections.� Pamphlets shall not be mailed or
carried less than ten days before the election at which the measures are to be
voted
upon
on
.

C. Arguments supporting or opposing municipal or
county initiative and referendum measures shall be filed with the city or town
clerk or the county officer in charge of elections not less than ninety days
before the election at which they are to be voted
upon
on
.

D. The procedure with respect to municipal and
county legislation shall be as nearly as practicable the same as the procedure
relating to initiative and referendum provided for the state at large, except
the procedure for verifying signatures on initiative or referendum petitions
may be established by a city or town by charter or ordinance.

E. References in this section to duties to be
performed by city or town officers apply only with respect to municipal
legislation, and references to duties to be performed by county officers apply
only with respect to county legislation.

F. The duties required of the county recorder with
respect to state legislation shall also be performed by the county recorder
with respect to municipal or county legislation.

G. An action that contests the
validity of an INITIATIVE or referendum based on the actions of the city or
town clerk, county officer in charge of elections or county recorder must be
filed within five CALENDAR days after the disputed action.� Any person may
contest the validity of an INITIATIVE or REFERENDUM.� In addition to contesting
the validity of an initiative or referendum, any person may seek to enjoin the
city or town clerk or county officer in charge of elections or other officer from
certifying or printing the official ballot for the election that will include
the proposed initiative or referendum measure and to enjoin the certification
or printing of the ballot.

H. Within ten days after filing an
action as prescribed by this section, the superior court shall hear and render
a decision on the matter.� Either party may appeal to the supreme court within
five calendar days after judgment and the supreme court shall hear and render a
decision on the matter within five calendar days after the filing of the notice
of appeal.

I. In all instances, the parties and
the court shall expedite the filing and consideration of an action filed as
prescribed by this section in order to ensure that all litigation, including
appeals, is completed in sufficient time to allow for the printing of any
required publicity pamphlet and the printing, issuance and delivery of ballots,
including early ballots, and related election materials.
END_STATUTE