A. The following shall be the form for referring to the people by referendum petition a measure or item, section or part of a measure enacted by the legislature, or by the legislative body of an incorporated city, town or county:
Referendum Description
(Insert a description of not more than two hundred words of the
principal provisions of the measure sought to be referred.)
Notice: This is only a description of the measure sought to be referred 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.
Petition for Referendum
To the secretary of state (or to the corresponding officer for or on local, county, city or town measures):
We, the undersigned citizens and qualified electors of the state of Arizona, respectfully order that the senate (or house) bill No. _____ (or other local, county, city or town measure) entitled (title of act or ordinance, and if the petition is against less than the whole act or ordinance then set forth here the item, section, or part, of any measure on which the referendum is used), passed by the _________________ session of the legislature of the state of Arizona, at the general (or special, as the case may be) session of said legislature, (or by a county, city or town legislative body) shall be referred to a vote of the qualified electors of the state, (county, city or town) for their approval or rejection at the next regular general election (or county, city or town election) and each for himself says:
I have personally signed this petition with my first and last names. I have not signed any other petition for the same measure. I am a qualified elector of the state of Arizona, county of (or city or town and county of, as the case may be) _____________.
"Warning
It is a class 1 misdemeanor for any person to knowingly sign an initiative or referendum petition with a name other than his own, except in a circumstance where he signs for a person, in the presence of and at the specific request of such person, who is incapable of signing his own name because of physical infirmity, or to knowingly sign his name more than once for the same measure, or to knowingly sign such petition when he is not a qualified elector."
Signature Name Actual Arizona City or Date
(first and address post office town signed
last name (street & address (if any)
printed) no. and if & zip
no street code
address,
describe
residence
location)
(Fifteen lines for signatures which shall be numbered)
The validity of signatures on this sheet must be sworn to by the circulator before a notary public on the form appearing on the back of the sheet.
Number ________________
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 a referendum 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.
E. Signatures obtained on referendum 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.
Notes of Decisions
Comm. for Pres. of Established Neighborhoods v. Riffel, 141 P.3d 422 (Ariz. Ct. App. 2006).
· cites it 22× “Riffel reasoned that the petitions did not comply with the referendum requirements set forth in A.R.S. § 19-101(A) because a description of the measure to be referred was stapled to the petitions rather than inserted into the petitions.”
Sklar v. Town of Fountain Hills, 207 P.3d 702 (Ariz. Ct. App. 2008).
· cites it 15× “See generally, A.R.S. § 19-101 et seq. ¶ 9 Our supreme court has consistently held that a referendum petition must “comply strictly with applicable constitutional and statutory provisions.”
League of Arizona Cities & Towns v. Brewer, 146 P.3d 58 (Ariz. 2006).
· cites it 6× “3 First, we will conduct a pre-election review to determine whether an initiative complies with the structural requirements of A.R.S. §§ 19-101 to -143 (2002 & Supp.2005), such as the publication or signature requirements.”
Feldmeier v. Watson, 123 P.3d 180 (Ariz. 2005).
· cites it 4× “Const, art. 4, pt. 1, § 1(1). The Arizona Constitution expressly reserves the initiative power to qualified electors of political subdivisions of the state when legislative matters are purely of local concern.”
Winkle v. City of Tucson, 949 P.2d 502 (Ariz. 1997).
· cites it 4× “The first is a failure to structurally comply with A.R.S. §§ 19-101 to 19-144. For example, the petition could lack the requisite number of signatures or fail to comply with publication requirements.”
Jenkins v. Hale, 190 P.3d 175 (Ariz. 2008).
· cites it 4× “Compare A.R.S. §§ 19-101, - 102 (2002) (describing form of petition), with A.”
Debra Arrett & Shirley Lamonna v. Julie K. Bower, 345 P.3d 129 (Ariz. Ct. App. 2015).
· cites it 5× “See also A.R.S. § 19-101(B). Shortly thereafter, Bower rejected all sheets for OVREF 14-01 because none of them included the serial number.”
Voice of Surprise v. Skip Hall, 533 P.3d 942 (Ariz. 2023).
· cites it 3× “§ 19-141(A) (applying A.R.S. §§ 19-101 to -161 to referenda concerning municipal legislation).”
Robson Ranch Mountains, L.L. C. v. Pinal Cnty., 51 P.3d 342 (Ariz. Ct. App. 2002).
· cites it 2× “When, as here, the county adopts two separate but related ordinances, one of which rezones property and the other of which approves a specific planned area development (PAD) overlay for the rezoned property, may both ordinances be challenged in a single referendum petition…”
Kromko v. Superior Court, 811 P.2d 12 (Ariz. 1991).
· cites it 2× “Pursuant to § 19-102, all petition sheets circulated for signature must contain a certain title and specific language in the text, and otherwise “be substantially in the form prescribed in § 19-101" (emphasis added). Section 19-101 requires: (1) a warning that any person who…”
City of Tucson v. Consumers for Retail Choice, 5 P.2d 934 (Ariz. Ct. App. 2000).
· cites it 4× “DISCUSSION ¶ 4 In support of the trial court’s ruling that Tucson’s referendum ordinances were preempted by state law, CFRC contends that Tucson’s ordinances impermissibly conflict with the state statutes, A.”
— Ariz. Rev. Stat. § 19-101(8) — 1 case
— Ariz. Rev. Stat. § 19-101(A) — 10 cases
Comm. for Pres. of Established Neighborhoods v. Riffel, 141 P.3d 422 (Ariz. Ct. App. 2006).
“Riffel reasoned that the petitions did not comply with the referendum requirements set forth in A.R.S. § 19-101(A) because a description of the measure to be referred was stapled to the petitions rather than inserted into the petitions.”
Sklar v. Town of Fountain Hills, 207 P.3d 702 (Ariz. Ct. App. 2008).
“See generally, A.R.S. § 19-101 et seq. ¶ 9 Our supreme court has consistently held that a referendum petition must “comply strictly with applicable constitutional and statutory provisions.”
Robson Ranch Mountains, L.L. C. v. Pinal Cnty., 51 P.3d 342 (Ariz. Ct. App. 2002).
“When, as here, the county adopts two separate but related ordinances, one of which rezones property and the other of which approves a specific planned area development (PAD) overlay for the rezoned property, may both ordinances be challenged in a single referendum petition…”
— Ariz. Rev. Stat. § 19-101(B) — 2 cases
— Ariz. Rev. Stat. § 19-101(C) — 1 case
— Ariz. Rev. Stat. § 19-101(E) — 3 cases
Voice of Surprise v. Skip Hall, 533 P.3d 942 (Ariz. 2023).
“§ 19-141(A) (applying A.R.S. §§ 19-101 to -161 to referenda concerning municipal legislation).”
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