board of directors; commerce authority.

SB1429 - 572R - H Ver

House Engrossed
Senate Bill

board
of directors; commerce authority.

(now: ballot
measures; circulators; disclosure)

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1429

AN
ACT

Amending sections 19-101, 19-102,
19-102.01, 19-118, 19-118.01 and 19-141, Arizona
Revised Statutes; relating to initiative and referendum.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 19-101, Arizona Revised
Statutes, is amended to read:

START_STATUTE
19-101.

Referendum petition; circulators; violation; classification

A. The following shall be the form for referring to
the people by referendum petition a measure or item, section or part of a
measure enacted by the legislature, or by the legislative body of an
incorporated city, town or county:

Referendum
Description

(Insert
a description of not more than two hundred words of the

principal
provisions of the measure sought to be referred.)

Notice: This is only a description of the measure
sought to be referred prepared by the sponsor of the measure. It may
not include every provision contained in the measure. Before
signing, make sure the title and text of the measure are
attached. You have the right to read or examine the title and text
before signing.

Petition
for Referendum

To the secretary of state (or to
the corresponding officer for or on local, county, city or town measures):

We, the undersigned citizens and qualified electors of the
state of Arizona, respectfully order that the senate (or house) bill No. _____
(or other local, county, city or town measure) entitled (title of act or
ordinance, and if the petition is against less than the whole act or ordinance
then set forth here the item, section, or part, of any measure on which the
referendum is used), passed by the _________________ session of the legislature
of the state of Arizona, at the general (or special, as the case may be)
session of said legislature, (or by a county, city or town legislative body)
shall be referred to a vote of the qualified electors of the state, (county,
city or town) for their approval or rejection at the next regular general
election (or county, city or town election) and each for himself says:

I have personally signed this
petition with my first and last names. I have not signed any other
petition for the same measure. I am a qualified elector of the state
of Arizona, county of (or city or town and county of, as the case may be)
_____________.

"
Warning

It is a class 1 misdemeanor for any person to knowingly sign
an initiative or referendum petition with a name other than his own, except in
a circumstance where he signs for a person, in the presence of and at the
specific request of such person, who is incapable of signing his own name
because of physical infirmity, or to knowingly sign his name more than once for
the same measure, or to knowingly sign such petition when he is not a qualified
elector.
"

Signature���� Name����� Actual��������� Arizona������ City
or������ Date

���������� (first and��� address����� post
office������ town������ signed

����������� last name�� (street &������ address������ (if
any)

������������ printed)�� no. and if������� & zip

����������������������� no street�������� code�����������������������

����������������������� address,������������������������������������

����������������������� describe������������������������������������

���������������������� residence������������������������������������

���������������������� location)������������������������������������

(Fifteen lines for signatures
which shall be numbered)

The validity of signatures on this
sheet must be sworn to by the circulator before a notary public on the form
appearing on the back of the sheet.

Number
________________

B. Each petition
sheet shall have printed on the top of each sheet the following:

"
It
is unlawful to sign this petition before it has a serial number.
"

C. Each petition sheet shall have printed in capital
letters in not less than twelve point bold-faced type in the upper right-hand
corner of the face of the petition sheet and below the statement prescribed in
subsection B of this section the following:

"
_________ paid circulator
"

"
_________
volunteer
"

___________
out-of-state resident
.

D. A circulator of a referendum petition shall state
whether the circulator is a paid circulator
,

or
volunteer
or out-of-state resident
by
checking
the appropriate line

all
applicable lines regarding the status of the circulator
on the petition
form before circulating the petition for signatures.

E. Signatures obtained on referendum petitions in
violation of subsection D of this section are void and shall not be counted in
determining the legal sufficiency of the petition. The presence of
signatures that are invalidated under this subsection on a petition does not
invalidate other signatures on the petition that were obtained as prescribed by
this section.
END_STATUTE

Sec. 2. Section 19-102, Arizona Revised
Statutes, is amended to read:

START_STATUTE
19-102.

Initiative petition; circulators

A. The form of petition for a law or amendment to
the constitution of this state or county legislative measure, or city or town
ordinance, or amendment to a city or town charter proposed by the initiative to
be submitted directly to the electors, shall be substantially in the form
prescribed in section 19-101, except that the title and body of such
petition shall read:

Initiative
description

(Insert a description of not more
than two hundred words of the principal provisions of the proposed measure or
constitutional amendment.)

Notice: This is only a description of the proposed
measure (or constitutional amendment) prepared by the sponsor of the
measure. It may not include every provision contained in the
measure. Before signing, make sure the title and text of the measure
are attached. You have the right to read or examine the title and
text before signing.

Initiative
Measure to be Submitted Directly to Electors

We, the undersigned, citizens and
qualified electors of the state of Arizona, respectfully demand that the
following proposed law (or amendment to the constitution, or other initiative
measure), shall be submitted to the qualified electors of the state of Arizona
(county, city or town of ____________) for their approval or rejection at the
next regular general election (or county, city or town election) and each for
himself says: (terminate form same as a referendum petition.)

B. Each petition sheet shall have printed on the top
of each sheet the following:

"
It is unlawful to sign this
petition before it has a serial number.
"

C. Each petition sheet shall have printed in capital
letters in not less than twelve point bold-faced type in the upper right-hand
corner of the face of the petition sheet and below the statement prescribed in
subsection B of this section the following:

"
__________ paid circulator
"

"
_________
volunteer
"
___________
out-of-state resident
.

D. A circulator of an
initiative petition shall state whether the circulator is a paid circulator
or
,
volunteer
or
out-of-state resident
by checking
the appropriate line

all applicable lines regarding the status of the circulator
on
the petition form before circulating the petition for signatures.

E. Signatures obtained on initiative petitions in
violation of subsection D of this section are void and shall not be counted in
determining the legal sufficiency of the petition. The presence of
signatures that are invalidated under this subsection on a petition does not
invalidate other signatures on the petition that were obtained as prescribed by
this section.
END_STATUTE

Sec. 3. Section 19-102.01, Arizona Revised Statutes, is amended to read:

START_STATUTE
19-102.01.

Initiative petitions; standard of review

A. Constitutional and statutory requirements for
statewide
initiative measures must be strictly construed and
persons using the initiative process must strictly comply with those
constitutional and statutory requirements.

B. The secretary of state shall make available a
sample initiative petition that strictly complies with the requirements of
section 19-121. Any committee that uses the sample initiative petition
provided by the secretary of state shall be presumed to have strictly complied
with the requirements of section 19-121.
END_STATUTE

Sec. 4. Section 19-118, Arizona Revised
Statutes, is amended to read:

START_STATUTE
19-118.

Registered circulators; requirements; violation; classification;
definition

A. For
statewide
initiative and
referendum measures
only
,
including
measures governed by sections 19-141, 19-142 and 19-143,
all circulators
who are not residents of this state and all paid circulators must register as
circulators with the secretary of state before circulating petitions pursuant
to this title. The committee that is circulating the petition shall
collect and submit the completed registration applications to the secretary of
state. The secretary of state shall establish in the instructions
and procedures manual issued pursuant to section 16-452 a procedure for
registering circulators, including circulator registration applications, and
shall publish on a website maintained by the secretary of state all information
regarding circulators that is required pursuant to this section. The
secretary of state
or other filing officer, as applicable,

shall disqualify all signatures collected by a circulator who fails to register
pursuant to this subsection as provided for in section 19-121.01, subsection
A.

B. The circulator
registration application required by subsection A of this section shall require
the following:

1. The circulator's
full name, residence address, telephone number and email address.

2. The initiative or
referendum petition on which the circulator will gather signatures.

3. A statement that the circulator consents to the
jurisdiction of the courts of this state in resolving any disputes concerning
the circulation of petitions by that circulator.

4. The address of the committee in this state for
which the circulator is gathering signatures and at which the circulator will
accept service of process related to disputes concerning circulation of that
circulator's petitions. Service of process is effected under this section by
delivering a copy of the subpoena to that person individually, by leaving a
copy of the subpoena with a person of suitable age or by mailing a copy of the
subpoena to the committee by certified mail to the address provided.

5. An affidavit from the registered circulator that
is signed by the circulator before a notary public and that includes the
following declaration:

I,
(print
name)
, under penalty of a class 1
misdemeanor, acknowledge that I am eligible to register as a circulator in the
state of Arizona, that all of the information provided is correct to the best
of my knowledge and that I have read and understand Arizona election laws
applicable to the collection of signatures for
a statewide

an
initiative or referendum.

C. Within five business days after submission and
review of a complete and correct circulator registration application that
complies with this section, the secretary of state shall register and assign a
circulator registration number to the circulator.

D. A person may not register as a circulator
pursuant to this section if the person:

1. Has had a civil or criminal penalty imposed for a
violation of title 16 or this title within the immediately preceding five
years.

2. Has been convicted of treason or a felony and has
not been restored to civil rights as described in section 16-101,
subsection A, paragraph 5.

3. Has been convicted of any criminal offense
involving fraud, forgery or identity theft.

E. If a registered circulator is properly served
with a subpoena to provide evidence in an action regarding circulation of
petitions and fails to appear or produce documents as provided for in the
subpoena, all signatures collected by that circulator are deemed invalid. The
party serving the subpoena may request an order from the court directing the secretary
of state to remove any signatures collected by the circulator as provided for
in section 19-121.01, subsection A.

F. Any person may challenge the lawful registration
of circulators in the superior court of the county in which the circulator is
registered. A challenge may not be commenced more than ten business days after
the date that the secretary of state's office has received, processed and made
available all final petition sheets individually numbered. The
person challenging signatures may amend that complaint after the secretary of
state has removed signatures and signature sheets as prescribed in section 19-121.01. An
action pursuant to this section shall be advanced on the calendar and decided
by the court as soon as possible. Either party may appeal to the supreme court
within five calendar days after entry of judgment. The prevailing party
in an action to challenge the registration of a circulator under this section
is entitled to reasonable attorney fees.

G. The removal or disqualification of any one or
more circulators does not invalidate the random sample of signatures made
pursuant to section 19-121.01, and the secretary of state shall not be
required to conduct any additional random sampling of signatures.

H. A person who knowingly omits or misrepresents
information or provides false information on a circulator registration
application or who registers in violation of this section is guilty of a class
1 misdemeanor.

I. For the purposes of this title, "paid
circulator":

1. Means a natural person who receives monetary or
other compensation for obtaining signatures on
a statewide
an
initiative or referendum petition or for circulating
statewide
initiative or referendum petitions for signatures.

2. Does not include a paid employee of any political
committee organized pursuant to title 16, chapter 6, unless that employee has
or will obtain two hundred or more signatures on an initiative, referendum or
recall petition in an election cycle.
END_STATUTE

Sec. 5. Section 19-118.01, Arizona Revised
Statutes, is amended to read:

START_STATUTE
19-118.01.

Signature collection; prohibited payments; violation;
classification

A. A person shall not pay or receive money or any
other thing of value based on the number of signatures collected on
a statewide

an
initiative or referendum
petition. Signatures that are obtained by a paid circulator who violates this
section are void and shall not be counted in determining the legal sufficiency
of the petition.

B. A violation of this section is a class 1
misdemeanor.
END_STATUTE

Sec. 6. Section 19-141, Arizona Revised
Statutes, is amended to read:

START_STATUTE
19-141.

Initiative and referendum in counties, cities and towns

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
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.
Any MUNICIPAL or county initiative or referendum measure that proposes
a mandatory expenditure, establishes a fund for any specific purpose or
allocates funding for any specific purpose must provide a DISCLOSURE of the
EXPENDITURE, fund or allocation and the source of increased revenues sufficient
to cover the entire immediate and future costs of the proposal. This
DISCLOSURE shall be provided in the initiative or referendum description
prescribed by section 19-101 or 19-102.

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.
END_STATUTE