A. Signature sheets filed shall:
1. Be in the form prescribed by law.
2. Have printed in their lower right-hand corner, on each side of such sheets, the official serial number assigned to the petition by the secretary of state and, if applicable, the registration number assigned to the circulator.
3. Be attached to a full and correct copy of the title and text of the measure, or amendment to the constitution, proposed or referred by the petition.
4. Be printed in at least eight-point type.
5. Be printed in black ink on white or recycled white pages fourteen inches in width by eight and one-half inches in length, with a margin of at least one-half inch at the top and one-fourth inch at the bottom of each page. Notwithstanding this paragraph, the secretary of state may prescribe an alternative page width and length in the instructions and procedures manual adopted pursuant to section 16-452.
B. For the purposes of this chapter, a petition is filed when the petition sheets are tendered to the secretary of state, who shall issue a receipt based on an estimate made to the secretary of state of the purported number of sheets and signatures filed. A receipt may be electronically issued. After the issuance of the receipt, no additional petition sheets may be accepted for filing.
C. The secretary of state may prescribe the method of filing, including electronic filing. Not more than fifteen signatures on one sheet shall be counted. For petitions filed regarding city, town or county matters, the committee that is the proponent of the petition and that files the petitions shall organize the signature sheets and group them by circulator and is solely responsible for compliance with this subsection. The local filing officer may return as unfiled any signature sheets that are not so organized and grouped.
D. Initiative petitions that have not been filed with the secretary of state as of 5:00 p.m. on the day required by the constitution before the ensuing general election after their issuance shall be null and void, but in no event shall the secretary of state accept an initiative petition that was issued for circulation more than twenty-four months before the general election at which the measure is to be included on the ballot.
E. For the purposes of this article and article 4 of this chapter, the measure to be attached to the petition as enacted by the legislative body of an incorporated city, town or county means the adopted ordinance or resolution signed by the mayor or the chairman of the board of supervisors, as appropriate, and signed by the clerk of the municipality or the clerk of the board, as appropriate, or, in the absence of a written ordinance or resolution, that portion of the minutes of the legislative body that is approved by the governing body and filed with the clerk of the governing body and that reflects the action taken by that body when adopting the measure. In the case of zoning measures, the measure shall also include a legal description of the property and any amendments made to the ordinance by the legislative body.
Notes of Decisions
Cited in
29
cases (
3 in the last 5 years), 1982–2023 · leading case:
Forszt v. Rodriguez, 130 P.3d 538 (Ariz. Ct. App. 2006).
Forszt v. Rodriguez, 130 P.3d 538 (Ariz. Ct. App. 2006).
· cites it 7× “The clerk notified SOVOG that the petition was incomplete because the ordinance was not attached to the signature sheets as required by A.R.S. § 19-121(A)(3). SOVOG immediately requested permission to reattach the ordinance to the signature sheets.”
City of Flagstaff v. Mangum, 793 P.2d 548 (Ariz. 1990).
· cites it 12× “What is the proper procedural method for calculating the number of valid signatures on initiative petitions under A.R.S. § 19-121 et seq.l FACTS In November 1987, the Flagstaff City Council enacted an ordinance levying a two percent tax on the gross revenues of hotels, motels,…”
Fleischman v. Protect Our City, 153 P.3d 1035 (Ariz. 2007).
· cites it 15× “” ¶ 19 The relevant state law, AR.S. § 19-121, sets forth the procedure for filing statewide initiative and referendum petitions.”
Lawrence v. Jones, 18 P.3d 1245 (Ariz. Ct. App. 2001).
· cites it 12× “In ruling that the inclusion of the zoning map met this requirement, the trial court concluded: The Court further finds that the Official Supplementary Zoning Map is a sufficient legal description for purposes of the referendum petition.”
Sherrill v. City of Peoria, 943 P.2d 1215 (Ariz. 1997).
· cites it 14× “the proper form and content of initiative and referenda petitions addressing zoning measures: [T]he measure to be attached to the petition as enacted by the legislative body of an incorporated city, town or county means the adopted ordinance or resolution or, in the absence of a…”
Pioneer Trust Co. v. Pima Cnty., 811 P.2d 22 (Ariz. 1991).
· cites it 6× “The Effect of the Extraneous Material Attached to the Referendum Petitions Both article 4, part 1, § 1(9) of the Arizona Constitution and A.R.S. § 19-121(A)(3) require that a full and correct copy of the title and text of the measure to be referred accompany signature sheets for…”
Van Riper v. Threadgill, 905 P.2d 589 (Ariz. Ct. App. 1995).
· cites it 9× “See A.R.S. § 19-121(0 (Supp.1994) (“Not more than fifteen signatures on one sheet shall be counted.”
Ann-Eve Pedersen v. Ken Bennett, 288 P.3d 760 (Ariz. 2012).
· cites it 4× “The parties agree that the Committee attached its intended version, “the full text of the proposed [initiative, exactly as it appeared on the compact disc supplied with the application,” to the petition signature sheets that were circulated to voters.”
Kromko v. Superior Court, 811 P.2d 12 (Ariz. 1991).
· cites it 4× “Miller’s action challenged the sufficiency of elector signatures collected by Kromko, claiming, among other things, that 6,510 petition signature sheets with 87,966 signatures contained extraneous material in the form of “short titles” that were neither authorized by the…”
Sklar v. Town of Fountain Hills, 207 P.3d 702 (Ariz. Ct. App. 2008).
· cites it 4× “At issue in Sher-rill was a statute, AR.S. § 19-121 (E), that specifically required three items to be attached to referendum petitions involving zoning issues.”
Hause v. City of Tucson, 19 P.3d 640 (Ariz. Ct. App. 2001).
· cites it 5× “Section 19-121 (E) provides that the "measure” to be attached to a referendum petition means "the adopted ordinance or resolution or, in the absence of a written ordinance or resolution, that portion of the minutes” reflecting the legislative act.”
— Ariz. Rev. Stat. § 19-121(A) — 3 cases
Kromko v. Superior Court, 811 P.2d 12 (Ariz. 1991).
“Miller’s action challenged the sufficiency of elector signatures collected by Kromko, claiming, among other things, that 6,510 petition signature sheets with 87,966 signatures contained extraneous material in the form of “short titles” that were neither authorized by the…”
— Ariz. Rev. Stat. § 19-121(A)(2) — 2 cases
— Ariz. Rev. Stat. § 19-121(A)(3) — 7 cases
Forszt v. Rodriguez, 130 P.3d 538 (Ariz. Ct. App. 2006).
“The clerk notified SOVOG that the petition was incomplete because the ordinance was not attached to the signature sheets as required by A.R.S. § 19-121(A)(3). SOVOG immediately requested permission to reattach the ordinance to the signature sheets.”
Pioneer Trust Co. v. Pima Cnty., 811 P.2d 22 (Ariz. 1991).
“The Effect of the Extraneous Material Attached to the Referendum Petitions Both article 4, part 1, § 1(9) of the Arizona Constitution and A.R.S. § 19-121(A)(3) require that a full and correct copy of the title and text of the measure to be referred accompany signature sheets for…”
Ann-Eve Pedersen v. Ken Bennett, 288 P.3d 760 (Ariz. 2012).
“The parties agree that the Committee attached its intended version, “the full text of the proposed [initiative, exactly as it appeared on the compact disc supplied with the application,” to the petition signature sheets that were circulated to voters.”
— Ariz. Rev. Stat. § 19-121(A)(5) — 1 case
— Ariz. Rev. Stat. § 19-121(B) — 4 cases
Fleischman v. Protect Our City, 153 P.3d 1035 (Ariz. 2007).
“” ¶ 19 The relevant state law, AR.S. § 19-121, sets forth the procedure for filing statewide initiative and referendum petitions.”
— Ariz. Rev. Stat. § 19-121(C) — 3 cases
Van Riper v. Threadgill, 905 P.2d 589 (Ariz. Ct. App. 1995).
“See A.R.S. § 19-121(0 (Supp.1994) (“Not more than fifteen signatures on one sheet shall be counted.”
— Ariz. Rev. Stat. § 19-121(D) — 2 cases
City of Flagstaff v. Mangum, 793 P.2d 548 (Ariz. 1990).
“What is the proper procedural method for calculating the number of valid signatures on initiative petitions under A.R.S. § 19-121 et seq.l FACTS In November 1987, the Flagstaff City Council enacted an ordinance levying a two percent tax on the gross revenues of hotels, motels,…”
— Ariz. Rev. Stat. § 19-121(E) — 10 cases
Lawrence v. Jones, 18 P.3d 1245 (Ariz. Ct. App. 2001).
“In ruling that the inclusion of the zoning map met this requirement, the trial court concluded: The Court further finds that the Official Supplementary Zoning Map is a sufficient legal description for purposes of the referendum petition.”
Sherrill v. City of Peoria, 943 P.2d 1215 (Ariz. 1997).
“the proper form and content of initiative and referenda petitions addressing zoning measures: [T]he measure to be attached to the petition as enacted by the legislative body of an incorporated city, town or county means the adopted ordinance or resolution or, in the absence of a…”
Hause v. City of Tucson, 19 P.3d 640 (Ariz. Ct. App. 2001).
“Section 19-121 (E) provides that the "measure” to be attached to a referendum petition means "the adopted ordinance or resolution or, in the absence of a written ordinance or resolution, that portion of the minutes” reflecting the legislative act.”
Van Riper v. Threadgill, 905 P.2d 589 (Ariz. Ct. App. 1995).
“See A.R.S. § 19-121(0 (Supp.1994) (“Not more than fifteen signatures on one sheet shall be counted.”
Sklar v. Town of Fountain Hills, 207 P.3d 702 (Ariz. Ct. App. 2008).
“At issue in Sher-rill was a statute, AR.S. § 19-121 (E), that specifically required three items to be attached to referendum petitions involving zoning issues.”
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