July 10, 2024

Over the past six months, you’ve probably heard about the avalanche of ballot initiatives expected to hit the November ballot in Arizona this year. As of this week, we can confidently say the prediction has been downgraded to a “heavy snowfall,” with forecasts likely to change in the coming months.

Now that we’ve passed the July 3 deadline to submit signatures to qualify, we know there could be up to 14 measures on the ballot. That’s including both legislative referrals (which lawmakers approved during the legislative session) and citizen-led initiatives (which will require right around 256,000 signatures for statutory amendments and just shy of 400,000 for constitutional amendments). The major caveat here is that the initiatives now must clear two critical hurdles: the signature review process and any potential legal challenges. For context, 10 measures made it on the ballot in 2022, while the 2006 ballot still holds the record in Arizona with 19 initiatives.

Legislative referrals have been assigned their proposition numbers, while citizen-led initiatives will get their assignments early next month, once the Secretary of State’s Office completes signature verification. Here are the 14 that could appear before voters in November:

*Note: This list only includes statewide initiatives.

Prop 133 – Primary Elections; Eligible Candidates

Summary: Prohibits any election law in Arizona that is contrary to the direct primary election law as outlined in the Arizona Constitution, a move that would outlaw ranked-choice voting.

Prop 134 – Initiative; Referendum; Signatures; Legislative Districts

Summary: Changes the Arizona Constitution to require proponents of citizen initiatives to collect signatures from all 30 legislative districts. Currently the law requires signatures from 10% of voters to propose new laws and 15% for all constitutional amendments, with no geographical requirements.

Prop. 135 – Governor; Emergency; Powers

Summary: Constitutionally terminates any emergency powers granted to the Governor during a state of emergency 30 days after the proclamation unless extended by the Legislature, with some exceptions. Requires the Governor to call a special legislative session on the emergency if one-third of lawmakers sign a petition.

Prop. 136 – Ballot Measures; Challenges

Summary: Allows lawsuits to contest the constitutionality of a citizen-led ballot initiative before the initiative goes to the ballot (at least 100 days before the election). If a superior court finds the measure to be in violation of the Arizona or United States constitution, it will not be printed on the ballot. Currently, in most cases, legal challenges to a ballot measure can’t be mounted until after it has been approved by the voters. 

Prop. 137 – Judicial Retention Elections

Summary: Ends term limits for Arizona Supreme Court Justices and Superior Court Judges, replacing them with terms of good behavior, unless decided otherwise by a judicial review commission, and would end retention elections at the end of the judicial term, providing for retention elections under certain circumstances.

*Legal challenge underway.

Prop. 138 – Tipped Workers; Wages

Summary: Allows for tipped workers to be paid 25% less per hour than the minimum wage if any tips received by the employee were not less than the minimum wage plus $2 for all hours worked.

Prop. 311 – Death Benefit; Assault; First Responders

Summary: Requires Arizona to pay $250,000 to the surviving spouse or dependent of a first responder killed in the line of duty through 2033 and establishes a $20 penalty fee on every criminal conviction to pay for the new benefit.

Prop. 312 – Property Tax; Refund; Nuisance Enforcement

Summary: Allows for property owners to apply for a property tax refund in certain circumstances, including in instances if the city or locality in which the property is located does not enforce laws regarding illegal camping, loitering, obstructing public thoroughfares, panhandling, public urination or defecation, public consumption of alcoholic beverages, and possession or use of illegal substances.

Prop. 313 – Sex Trafficking; Child; Natural Life

Summary: Requires that an adult who is convicted of “sex trafficking of a minor child” (defined) shall be sentenced to natural life imprisonment and not eligible for any form of release.

Prop. 314 – Border; Benefits; Fentanyl; Illegal Entry

Summary: Allows for state and local police to arrest noncitizens who cross the border unlawfully, allows for state judges to order deportations, requires the use of the e-verify program for some public governmental programs and employment eligibility purposes, and makes the sale of fentanyl a Class 2 felony if a person knowingly sells fentanyl resulting in the death of another person.

*Legal challenge underway.

Prop. 315 – Rulemaking; Legislative Ratification; Regulatory Costs

Summary: Prohibits a proposed rule from becoming effective if that rule is estimated to increase regulatory costs by more than $500,000 within five years after implementation, until the Legislature enacts legislation ratifying the proposed rule.

I-02-2024 – One Fair Wage Act

Summary: Raises the minimum wage by $1 over cost-of-living increases in 2025 and 2026 and leaves cost of living increases in place thereafter. For tipped employees, it raises the minimum wage employers must pay tipped employees regardless of tips employees earn. Currently, employers may count up to $3 per hour of a tipped employee's tips to offset the employer's minimum wage obligation. The Act gradually reduces the amount of the employer's offset due to tips until the employer is required to pay the full minimum wage and employees keep all of their tips on top of that wage. The Act expands coverage of the minimum wage, removing the small business exception. It explicitly exempts tribal entities as employers for purposes of the minimum wage law, and leaves in place the exemption for the state and federal governments. It makes clear that the state minimum wage applies regardless of the individual's age, status as a learner, apprentice, vocational trainee or other status wherein the individual provides labor, regardless of any benefit to the individual, but the state minimum wage continues to not apply to independent contractors. Defines terms; repeals old version of section 23-362.

*Signatures Submitted: 354,278

**Legal challenge expected.

I-05-2024 – Arizona Abortion Access Act

Summary: Amends the Arizona Constitution to establish a fundamental right to abortion that the State (defined by the act to mean the State, an agency of the State, or a political subdivision of the State) may not deny, restrict or interfere with [1] before the point in pregnancy when a health care provider determines that the fetus has a significant likelihood of survival outside the uterus without extraordinary medical measures unless justified by a compelling governmental interest (defined by the act as a law, regulation, policy, or practice enacted for the limited purpose of improving or maintaining the health of an individual seeking abortion care, consistent with accepted clinical standards of practice and evidence-based medicine, and that does not infringe on that individual's autonomous decision-making) that is achieved by the least restrictive means, or [2] after that point in pregnancy if a health care provider determines an abortion is necessary to protect the life or the physical or mental health of the pregnant individual; and under which the State may not penalize individuals or entities for assisting a pregnant individual in exercising their right to abortion.

*Signatures Submitted: 823,685

**Legal challenge expected.

I-14-2024 – Make Elections Fair Arizona Act

Summary: Amends the Arizona Constitution to expand choices in primaries, eliminate party-based restrictions on election participation, and apply the same rules to candidates for the same office. It prohibits using public monies for party elections, including presidential preference elections not open to all voters. For primaries for state, county, and Congressional offices, candidates for the same office have the same signature requirements and appear on the same ballot. Everyone eligible to vote for an office may vote for any candidate and sign any candidate petition regardless of party affiliation. Parties may support candidates. Law may allow candidates to list party affiliation, as provided in amendment. For 1-winner races, 2 to 5 candidates may advance to the general, as provided by law. For multi-winner races, additional candidates advance. If 3 or more candidates may advance in 1-winner races, voter rankings are used at the general. If implementing legislation isn't operative by 11 /1 /2025, Secretary of State decides how many candidates advance and the voter ranking process, if any, subject to legislative modification as provided in the amendment. The legislature may change the number of candidates for an office who advance once every 6 years. Amendment is exempt from revenue source requirement.

*Signatures Submitted: 584,124

**Legal challenge expected.