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SB1489 - 572R - S Ver
Senate Engrossed
ballot measures;
circulators; revenue; disclosure
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1489
AN
ACT
amending sections 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.
1. 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
"
.
D. A circulator of an initiative petition shall
state whether the circulator is a paid circulator or volunteer by checking the
appropriate line on the petition form before circulating the petition for
signatures.
On approaching a potential petition signer, a paid
circulator shall verbally DISCLOSE the state in which the CIRCULATOR legally
resides and that the CIRCULATOR is a paid circulator. �A paid circulator also
shall wear a badge that is clearly visible, that states that the circulator is
a paid circulator and that bears the state in which the circulator legally
resides.
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.
2.
2. 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.
3.
3. 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.
4.
4. 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.
5.
5. 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