Photo by Jim Small | Arizona Mirror
Arizona lawmakers approved of the descriptions that will be printed on November ballots for a multitude of questions that will be posed to voters this fall after a long and sometimes contentious debate on Monday.
Lawmakers are required to authorize the language drafted by their in-house attorneys that describes the legislative referrals and citizen-led ballot initiatives that will be on the ballot.
Republican lawmakers have sent 11 legislative referrals to the ballot this cycle as a way to get around Democratic Gov. Katie Hobbs’ veto pen. A number of the issues in the referrals were previously sent to the governor as standard legislative bills and were vetoed by the governor.
Election officials are anticipating this year’s ballot in November to be two-pages long due to the number of initiatives sent by lawmakers and citizens on-top of the local municipal bond overrides and other measures that will be on voters’ ballots.
During a four-hour joint legislative committee meeting Monday, Democratic and Republican lawmakers clashed over the proposed descriptions of the ballot measures with Democratic members offering a number of amendments that all failed.
“It feels again like one more uphill battle to try to clarify some stuff,” House Democratic Leader Lupe Contreras said during the discussions.
“We are not going to relitigate or re-debate the bill,” Speaker Ben Toma, R-Peoria, said in response.
GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Prop 133
While some other ballot propositions saw plenty of debate, lawmakers approved of the draft language for Prop 133 without any discussion.
The measure amends the Arizona Constitution to cement the current primary election system of nominating a candidate from each political party by enshrining it into the state constitution. It is designed to prevent any changes and pre-empt measures that would allow ranked choice voting.
Prop 134
Proposition 134 would amend the state’s constitution around citizen-led ballot initiatives. The measure, if passed, would require that in order to get an initiative on the ballot, citizens would need to gather a number of signatures equivalent to 10% of votes cast in the most recent race for governor in each legislative district for changes to state statute and 15% from each legislative district for constitutional amendments.
Currently law stipulates that the 10% and 15% can be gathered from voters across the state.
Last year, Republican lawmakers voted along party lines to send the measure to voters.
Republicans in favor of the measure say that it gives voters outside of Maricopa, the state’s largest county, a voice while Democratic opponents say that it would allow one partisan district to block popular measures.
The draft language that voters will see on their ballot was also approved along party lines.
Prop 135
During the COVID pandemic, Republican Gov. Doug Ducey used emergency powers that many Republican state lawmakers were adamantly opposed to. Prop 135 amends the state’s constitution to restrict the governor’s ability to declare such emergencies and gives state lawmakers power over those declarations.
Currently, lawmakers need a two-thirds majority vote to request a special session, however, under the change only a one-third majority would be required to request the governor enact a special session. The proposition also would limit the governor’s emergency powers to 30 days unless extended by the legislature.
Democratic lawmakers contended that the draft language voters will receive should have noted the change from the normal two-thirds rule, with Sen. Mitzi Epstein, D-Tempe, saying the measure undermines democratic processes.
“It is giving decisive power to less than a majority of people in a body and that is a very big difference,” Epstein said, with Republican lawmakers as well as legislative council noting that the one-third change would only apply to creating a special session to address “gubernatorial powers.”
“To not take on the point that this changes from majority rule to minority rule is a big difference and it is appalling to me that we wouldn’t want to clarify that for voters,” Epstein said when explaining her vote on the draft language after a failed attempt to amend it.
Prop 136
Proposition 136 would amend the Arizona Constitution to allow a person to bring a lawsuit to contest the constitutionality of a ballot initiative as long as it is “at least one hundred days before the date of the election” in which it will be placed on the ballot.
If the initiative is found to be in violation of either the Arizona or United States constitutions, then it will not be printed on the ballot.
Democratic members contended that the language needed to be clear in describing that it will only impact citizen-led initiatives. An amendment to add the word “citizen” before initiative failed along party lines. The draft language was passed along party lines as well.
Prop 137
Proposition 137 would amend the Arizona Constitution to get rid of term limits for all Arizona judges and instead create specific conditions under which they would be put up for a retention vote. The measure is retroactive, meaning that if passed, any judges up for retention this cycle who fail their retention vote would be retained.
Critics of the measure say that it was put forward to protect two Arizona Supreme Court Justices who are up for a retention vote this year who voted in favor of upholding an 1864 territorial near-total ban on abortion.
Republican Sen. Shawnna Bolick, the wife of one of those justices, Clint Bolick, sat on the committee Monday and previously voted in favor of the measure.
Lawmakers did amend the draft language Monday as Toma said he felt that the previous draft made it sound like the chief justice would be in charge of retention votes, if passed.
Sen. Juan Mendez, D-Tempe, offered a number of amendments including one to explicitly state that the measure was retroactive, however, his Republican counterparts felt the language was descriptive enough.
The draft language, with Toma’s amendment, passed along a party line vote.
Prop 138
Proposition 138 would amend the Arizona state constitution to allow employers who have workers who receive tips to be paid 25% less than the current minimum wage.
Under current Arizona law, businesses can pay tipped workers $3 less than minimum wage. If the proposed constitutional amendment were in place today, businesses could pay workers $3.58 less than the current minimum wage of $14.35.
The Arizona Restaurant Association-backed measure dubbed the “Tipped Workers Protection Act,” has seen an astroturfed campaign led by conservative groups similar to what’s happened in other states that were attempting to increase the minimum wage.
Epstein proposed amendments that would have stated the measure would make for a reduction in pay for tipped workers, a point that Toma disagreed with.
“This proposal is going to cut the wages of tipped workers. There is no other way around it,” Epstein said when explaining her no vote on the draft language. “This is not a well-thought-out proposal.”
The draft language passed along party lines.
Prop 311
Proposition 311 would create a new state death benefit of $250,000 to the surviving spouse or children of a first responder killed, as the result of another person’s actions, in the line of duty. It would also create a new $20 fee for every criminal conviction to help fund the program and would be repealed on Jan. 1, 2033.
The measure also allows the legislature to reappropriate the money if it exceeds $2 million to police officer training, equipment or “other benefits” for first responder families. Lastly it would increase the criminal punishment for committing aggravated assault against a peace officer or first responder.
Rep. Nancy Guiterrez, D-Tucson, suggested adding language that clarifies that the new felony classifications come with changes in prison sentences, arguing along with her colleagues that including that information would be helpful to voters.
“I feel that I have more faith in our Arizona voters to be able to do the diligence and research,” Rep. Teresa Martinez, R-Casa Grande, said in response. “I feel adding more words to an already lengthy ballot is just going to turn off voters.”
The proposed Democratic amendments failed and the draft language passed along party lines.
Prop 312
Proposition 312 would require municipalities to give tax breaks to property owners who spend money to mitigate problems caused by encampments of unhoused people near their property.
Epstein said that she wanted to add language to let voters know that cities could lose revenue if the measure passed. Cities have argued previously that it would put them in an “impossible” legal situation.
The draft language passed out of committee along party lines.
Prop 313
Proposition 313 would require an adult who is convicted of a class 2 felony for child sex trafficking be sentenced to natural life imprisonment without the possibility for any form of release.
Democratic members voiced their continued concern that the measure could unjustly target victims of sex trafficking who are often used to lure more victims by their captors.
The group that has been pushing the measure, named Arizona’s Children Are Not for Sale, was inspired by the film “Sound of Freedom,” released July 4, 2023.
The film, which has ties to QAnon, allegedly portrays the life of Tim Ballard, who ran an organization called Operation Underground Railroad which claims it has saved children from child sex trafficking in “sting” operations in various countries. Ballard has since left the organization after women who participated in its operations accused him of sexual misconduct.
During promotions for the film, Jim Caviezel, the actor who portrayed Ballard, spread QAnon conspiracy theories. Both Caviezel and Ballard have denied connections between the conspiratorial belief and the film.
Amendments proposed by Democratic lawmakers to add language in about victims did not pass and the draft language passed along party lines.
Prop 314
Prop 314 makes it illegal for a person who is an unlawful immigrant to enter Arizona from any location other than an official port of entry.
Opponents of the measure have dubbed it “SB1070 2.0” in reference to a controversial immigration law passed by Republicans in 2010 that was the most restrictive anti-illegal immigration law in the United States at the time.
Groups like the American Civil Liberties Union have said that it harms those seeking asylum and fleeing from violence.
Currently the referral is facing a challenge to its constitutionality from a Latino advocacy group which aims to block it from appearing on the ballot.
Democratic members put forward nine amendments to the bill that all failed that included changing language such as “alien” to “non-citizen” as well as adding in information from a fiscal note that showed the measure has a high price tag.
The draft language passed along party lines.
Prop 315
Proposition 315 prohibits any new statewide rule proposed by state agencies from becoming effective if the estimated cost associated with it is anticipated to be more than $500,000 within five years. It would give the legislature the final authority to approve any rule that meets that criteria.
The draft language for the measure passed along party lines.
One Fair Wage
The One Fair Wage ballot initiative is still awaiting final approval of the voter signatures gathered to put it on the ballot. But if the initiative makes it to voters, they would get to decide if they want to increase the minimum wage from $14.35 to $18 an hour.
The political committee Raise the Wage AZ has been gathering signatures for the measure since November 2022.
It would also incrementally lower the amount of a worker’s tips restaurants could use to reconcile their wages with the state minimum, until eventually employers would have to pay all workers the state minimum wage, regardless of whether they receive tips.
Opponents of the measure have said that the “Tipped Workers Protection Act,” also known as Prop 138, is a direct response to this citizen-led ballot initiative.
The draft language for the measure was passed by lawmakers unanimously.
Arizona Abortion Access Act
The Arizona Abortion Access Act is a proposed constitutional amendment that would enshrine the right to abortion and other reproductive health issues in the state’s constitution. The measure turned in a record-breaking number of signatures last week and is anticipated to make it onto the ballot in November.
A 15-week ban, with no exceptions for rape or incest, is the current Arizona law. Doctors who perform an abortion beyond that for any reason, except to prevent a patient’s death or the “substantial and irreversible impairment” of a major bodily function, face a class 6 felony, which carries with it a potential prison sentence of up to 2 years.
Austin Yost, who is the legal counsel for the initiative, asked lawmakers Monday to remove the term “unborn human being” and replace it with the medically accurate term “fetus” which is used elsewhere in the draft language. Republican lawmakers took offense to this request.
“We’re using both words and using both phrases which goes to my point which is that this is fair and balanced,” Toma said during debate. “I’m not a doctor, I don’t care what the medically accurate term is.”
Lake Havasu Republican Sonny Borelli claimed that the word “fetus” could also include “an unborn horse” or other mammals and so the wording of “unborn human being” was necessary.
“We’re talking about a human being, that in statute is defined as a human being,” he said.
An amendment to change the word to “fetus” failed.
“A fetus is the correct medical term,” Guiterez said when explaining her no vote on the draft language. “I just want to be very clear that is the language —scientific language —is the most appropriate to use.”
The draft language passed along party lines.
Make Elections Fair Arizona Act
The Make Elections Fair Arizona Act would eliminate partisan primaries by amending the Arizona Constitution to allow everyone to participate in primary elections, creating an open primary.
Proponents argue that only hyper-partisan individuals vote in primary elections currently, leading to more extreme candidates on either side who are not representative of the electorate as a whole. By opening up the primary it would allow for a more diverse set of voters to weigh the choices, including independent voters who at present must register with one of the parties to participate in primaries.
The draft language for the ballot initiative passed unanimously.
SUPPORT NEWS YOU TRUST.
The post Lawmakers approve language for lengthy list of November ballot questions appeared first on Arizona Mirror.