Prop 136 - Relating to Ballot Measures

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FAILED

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LIBERAL

BALLOT LANGUAGE

Proposition 136 authorizes a person to bring a lawsuit to try to stop a voter-proposed initiative from being placed on the ballot if that person sues at least 100 days before an election and claims the voter-proposed initiative would violate the United States Constitution or the Arizona Constitution.

WHAT IT MEANS

Yes

A "Yes" vote means that you desire to amend the Arizona Constitution to allow lawsuits challenging the constitutionality of a citizen-initiated ballot measure with the following conditions:

  • The lawsuit must be filed at least 100 days prior to the election.
  • If the measure is found unconstitutional, the Secretary of State or other election official would be prohibited from placing it on the ballot.

The purpose of this change is to keep ballot measures from being tied up in court leading up to or even after the election.

No

A "No" vote will keep the current process for citizen-initiated ballot measures in Arizona, where any challenges are typically brought after the measure is placed on the ballot. This process often results in measures being tied up in court very close to and even after the election.

ARGUMENTS FOR AND AGAINST

Yes

  • “Every election cycle, out-of-state special interests spend millions trying to put their bad ideas onto our ballot. Because these groups do not understand our laws or our constitution, the measures they peddle are often unworkable or illegal. In some instances, they don’t even seem to care that their proposed measure is unconstitutional. Prop 136 would protect our election process from these unconstitutional measures by allowing the Arizona Supreme Court to review a proposed initiative before it goes on the ballot. If the court determines the measure is unconstitutional, it will not appear on the ballot. This is a simple, common-sense reform that ensures that unconstitutional measures are not placed on the ballot. Vote YES on Prop 136 to protect our ballot and ensure only constitutional measures are sent to voters.” - Scot Mussi, President, Arizona Free Enterprise Club   

  • “It’s a lot of disappointment. And that’s following hundreds of thousands or millions of dollars and lots of time spent advocating, getting them passed, only to find out they were unconstitutional. If I were them, I’d rather know earlier in the effort that this thing is going to go south.” - J.D. Mesnard, Arizona State Senator 

  • “It’s an opportunity to challenge constitutional amendments, which is actually starting to happen a lot more than they used to.” - Austin Smith, Arizona State Representative

No

  • “The League of Women Voters of Arizona strongly opposes this proposition, which would limit the constitutionally granted citizens’ right to make laws through the initiative and referendum processes. The current process to get citizens’ initiatives on the ballot includes a vigorous petition certification process, requiring a specific number of valid signatures This proposition would allow individuals opposed to the changes proposed by the ballot measure to challenge the constitutionality of the measure in court before it is on the ballot. If the court agrees, then the measure would not be on the ballot, thus negating the intent of the voters who signed the petition and depriving all Arizona voters of making their voices heard.” - Pinny Sheoran, President, League of Women Voters of Arizona 

  • “Over the past few elections, Arizonans have dealt with overly political courts deciding which ballot measures Arizonans can vote on. Prop 136 makes it easier for any ballot measure to be thrown out in court. Prop 136 is a clear attempt to undo the work of the everyday Arizonans who spend countless hours holding conversations with fellow voters to put the issues that Arizonans care about on the ballot." - Jennifer Guzman, Program Director, Common Cause Arizona

  • “Proposition 136 would undermine the citizen initiative process by allowing special interests, corporate lobbyists, and the state legislature to bring costly litigation against a citizen petition before it even has a chance to reach the voters. Proposition 136 allows special interests to abuse the courts to file costly litigation to prevent Arizonans from having a direct say in our democracy.” - Scott Greenwood, Executive Director, ACLU of Arizona 

FINANCIAL BACKING

The following information provides insight into the money being spent to pass or defeat the ballot measure.

Yes

ARIZONA PROPOSITION 136 - LEGAL CHALLENGES TO CONSTITUTIONALITY OF INITIATIVES

This question is on the ballot in Arizona as a legislatively referred constitutional amendment on November 5, 2024. As of September 10, 2024, no committee to support or oppose the amendment has been identified. Thus, there is no record of funds raised to support either position.

No

ARIZONA PROPOSITION 136 - LEGAL CHALLENGES TO CONSTITUTIONALITY OF INITIATIVES

This question is on the ballot in Arizona as a legislatively referred constitutional amendment on November 5, 2024. As of September 10, 2024, no committee to support or oppose the amendment has been identified. Thus, there is no record of funds raised to support either position.

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