Arizona Election and Voting Policies Initiative (2022)

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Arizona Election and Voting Policies Initiative
Flag of Arizona.png
Election date
November 8, 2022
Topic
Elections and campaigns and Voting policy measures
Status
Not on the ballot
Type
State statute
Origin
Citizens

The Arizona Election and Voting Policies Initiative was not on the ballot in Arizona as an initiated state statute on November 8, 2022.

A "yes" vote would have supported making changes to state election and voting policies, including early voting; presidential electors; automatic and same-day voter registration; voting policies for Native American tribes, those with disabilities, and those with court-ordered guardianship; campaign contribution limits; and initiative and referendum processes.

A "no" vote would have opposed making changes to state election and voting policies, including early voting; presidential electors; automatic and same-day voter registration; voting policies for Native American tribes, those with disabilities, and those with court-ordered guardianship; campaign contribution limits; and initiative and referendum processes.


Overview

The ballot measure would have made several changes to state election and voting policies including:[1]

  • Early voting;
  • Presidential electors;
  • Automatic and same-day voter registration;
  • Voting policies for Native American tribes, those with disabilities, and those with court-ordered guardianship;
  • Campaign contribution limits; and
  • Initiative and referendum processes.

Measure design

Click on the arrows (▼) below for summaries of the different provisions of the constitutional amendment.

Early voting: Changes to early voting policy

The initiative would have renamed the early voting list from the active early voting list to the permanent early voting list. Any voter on the early voting list would have been automatically sent an early ballot for any election at which they are eligible to vote. The initiative would have repealed provisions providing for the removal of voters from the early voting list if they do not vote using an early ballot in all eligible elections for two consecutive election cycles and do not reply to a notice sent by election officials. The Arizona Legislature passed and Gov. Doug Ducey (R) signed legislation in May 2021 changing the state's permanent early voting list to an active early voting list and enacting the provisions for the removal of voters from the list that this initiative would have repealed.[1][2]

The initiative would have required county recorders to operate early voting centers at the recorders' offices between the day the county mails early ballots through 5:00 p.m. on the day before the election.[1]

The initiative would have allowed a voter to give an early voting ballot to another person to deliver to the mail, polling place, or dropbox. It would have repealed the existing law that makes it a felony to collect another person's ballot. It would have made it a felony to collect a ballot and intentionally fail to deliver it.[1]

Presidential elections: Require election of presidents to be governed by election law

The initiative would have required that the election of the state's presidential electors be governed by the election law in effect on January 1 of the presidential election year.[1]

Voter registration: Establish same-day voter registration

The initiative would have repealed the requirement that voters are registered by the 29th day before an election to be able to vote in that election. It would have allowed same-day voter registration. The initiative would have also required a dedicated poll worker to assist with voter registration at any polling place during early voting and on election day.[1]

The initiative would have provided that anyone qualified to register to vote would be registered or have their registration updated when they applied for a driver's license or reported a change of name or address to the department of transportation unless they opted out of registration, a policy called automatic voter registration (AVR). It would have also instructed the secretary of state, in consultation with county elections officials, to adopt rules to facilitate the registration of high school students.[1]

The initiative would have allowed and required the electronic transfer of voter registration information to the secretary of state from any agency designated as a source agency. The initiative would have also required the secretary of state to establish an online system for voter registration or updating registration information that a person could use without providing a driver's license number. [1]

The initiative would have required agencies that receive and transfer voter registration information to the secretary of state under the initiative to accept tribal identification numbers and nontraditional residential addresses, including addresses that can be identified by mile markers or geographic features.[1]

The initiative would have required county recorders to check change-of-address information provided by the postal service and, if a registered voter's address changes, update the address with regard to voter registration. Existing law required the recorder to check records every year and to change voter registration records if the voter moves to a new address within the same county and requires the recorder to provide information on how to register to vote. The initiative would have repealed existing provisions changing a voter's status from active to inactive if the voter does not reply to an address-change notice.[1]

Voting policy regarding tribes: Require election officials to communicate with tribes regarding elections

The initiative would have required elections officials to give notice to and coordinate with tribes or tribal representatives regarding the conduct of elections. Unless a tribal representative certifies that no tribe members live in a county, the initiative would have required at least one early voting and election day voting center on tribal land in a location identified by a tribal representative.[1]

Disability voting policies: Establish that people with disabilities to vote with or without assistance

The initiative would have stated that any person with a disability has a right to vote in person with or without assistance, including while sitting in their car, by mail, or through the phone if the secretary of state reviews and approves vote-by-phone technology.[1]

Court-ordered guardianship voting: Establish that people under legal guardianship cannot have their ability to vote incapacitated without findings

The initiative would have also required that any court order placing a person under guardianship cannot incapacitate that person regarding the right to vote without specifically stating so and providing factual findings in support of incapacitating the person regarding the right to vote.[1]

Campaign contribution limits: Change campaign contribution limits

The initiative would have made multiple changes to campaign contribution policies, including reducing campaign contribution limits from $6,250 to $1,000 for local and legislative candidates and $2,500 for statewide office candidates.[1]

Citizens Clean Elections Commission funding: Authorize funding of dropboxes and voting equipment

The initiative would have authorized any public body to request funding from the CCEC for ballot drop boxes and voting equipment.[1]

Initiative and referendum process: Change initiative and referendum process

The initiative would have made changes to initiative and referendum processes, including requiring substantial compliance with laws instead of the existing strict compliance requirement.


Text of measure

Full text

The full text of the ballot initiative is available here.

Support

Arizonans For Free and Fair Elections led the campaign in support of the ballot initiative.[1]

Supporters

  • Arizona Democracy Resource Center[3]

Opposition

Opponents

Path to the ballot

Process in Arizona

In Arizona, the number of signatures required to qualify an initiated state statute is equal to 10 percent of the votes cast for the office of governor in the most recent gubernatorial election. Petitions can be circulated for up to 24 months. Signature petitions must be submitted four months prior to the election at which the measure is to appear.

The requirements to get initiated state statutes certified for the 2022 ballot:

If the secretary of state certifies that enough valid signatures were submitted, the initiative is put on the next general election ballot. The secretary of state verifies the signatures through a random sampling of 5 percent of submitted signatures working in collaboration with county recorders. If the random sampling indicates that valid signatures equal to between 95 percent and 105 percent of the required number were submitted, a full check of all signatures is required. If the random sampling shows fewer signatures, the petition fails. If the random sampling shows more, the initiative is certified for the ballot.

Stages of this initiative

Arizonans For Free and Fair Elections filed an initial version of the ballot initiative (#I-13-2022) on December 15, 2021. On February 7, 2022, the campaign filed an amended version of the initiative (#I-16-2022).[5]

On July 7, Arizonans for Free and Fair Elections submitted 475,290 signatures for the ballot initiative.[6]

The Arizona Free Enterprise Club filed a lawsuit in the Maricopa County Superior Court regarding the initiative. On August 19, 2022, Judge Joseph Mikitish rejected about 75,000 signatures after reviewing challenges in 32 different areas, including registrations, paperwork, and eligibility of paid circulators.[7]

On August 24, 2022, the secretary of state reported that 298,878 signatures were found valid after county review and that the measure qualified for the ballot.[5]

The Arizona Supreme Court asked Judge Mikitish to explain his conclusion about the number of invalid signatures. On August 26, Mikitish said that additional signatures were invalid and that the initiative failed to make the ballot by 1,458 signatures. The Supreme Court upheld this revised order.[8]

Lawyers for Arizonans for Free and Fair Elections responded, "In reversing itself today, the trial court has done something never done before in Arizona initiative practice and which is not authorized by statute. It has allowed initiative challengers to strike individual signatures under (the law), for any reason, AND allowed them to benefit from the invalidity rate calculated by the County Recorders’ random sample that the challengers DID NOT include in this lawsuit."[8]

The Arizona Free Enterprise Club released a statement, which said, "[the ruling] vindicates what we knew all along: the radical Free and Fair election initiative lacked enough lawful signatures to qualify for the ballot. The other side knew it too, and that is why their lawyers tried to get the court to adopt a rigged methodology to calculate the final number of valid signatures that would sneak their disqualified measure onto the ballot."[8]

Arizonans for Free and Fair Elections also released a statement, which said, "Certain politicians have been intentionally trying to attack the ballot measure process for over a decade to prevent voters from being able to make decisions about Arizona’s future at the ballot box. Today’s decision is a continuation of these attacks and reflects an increasingly extreme MAGA agenda."[8]

How to cast a vote

See also: Voting in Arizona

Click "Show" to learn more about current voter registration rules, identification requirements, and poll times in Arizona.

See also

Footnotes

  1. 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 1.15 Arizona Secretary of State, "I-16-2022," February 7, 2022
  2. Arizona Legislature, "Senate Bill 1485," accessed February 14, 2022
  3. Twitter, "Arizona Democracy Resource Center," accessed February 14, 2022
  4. Fox News, "Arizona ballot initiative seeks to expand voting access," August 8, 2022
  5. 5.0 5.1 Arizona Secretary of State, "Initiative, Referendum and Recall Applications," accessed February 14, 2022
  6. AZ Central, "Ballot measures to expand voting access, identify campaign donors and limit medical debt submit signatures," July 7, 2022
  7. AP News, "Ruling puts Arizona voting access initiative on life support," Aug 19, 2022
  8. 8.0 8.1 8.2 8.3 Associated Press, "Arizona Supreme Court keeps voting rights measure off ballot," accessed August 27, 2022
  9. Arizona Revised Statutes, "Title 16, Section 565," accessed July 18, 2024
  10. Arizona generally observes Mountain Standard Time; however, the Navajo Nation observes daylight saving time. Because of this, Mountain Daylight Time is sometimes observed in Arizona.
  11. 11.0 11.1 11.2 Arizona Secretary of State, "Voters," accessed July 18, 2024
  12. Arizona Secretary of State, "Arizona Voter Registration Instructions," accessed July 18, 2024
  13. Supreme Court of the United States, "No. 24A164," accessed August 22, 2024
  14. The Washington Post, "Supreme Court allows Arizona voter-registration law requiring proof of citizenship," August 22, 2024
  15. Bloomberg Law, "Supreme Court Partly Restores Voter Proof-of-Citizenship Law ," August 22, 2024
  16. Reuters, "US Supreme Court partly revives Arizona's proof of citizenship voter law," August 22, 2024
  17. Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
  18. ArizonaElections.gov, "What ID Do I Need to Vote Quiz," accessed March 14, 2023
  19. Arizona State Legislature, “Arizona Revised Statutes 16-579,” accessed July 19, 2024