A. When the secretary of state is ordered by the legislature, or by petition under the initiative and referendum provisions of the constitution, to submit to the people a measure or proposed amendment to the constitution, the secretary of state shall cause to be printed, at the expense of the state, except as otherwise provided in this article, a publicity pamphlet that contains:
1. A true copy of the title and text of the measure or proposed amendment. Such text shall indicate material deleted, if any, by printing such material with a line drawn through the center of the letters of such material and shall indicate material added or new material by printing the letters of such material in capital letters.
2. The form in which the measure or proposed amendment will appear on the ballot, the official title, the descriptive title prepared by the secretary of state and the number by which it will be designated.
3. The arguments for and against the measure or amendment.
4. For any measure or proposed amendment, a legislative council analysis of the ballot proposal as prescribed by section 19-124.
5. The report of the commission on judicial performance review for any justices of the supreme court, judges of the court of appeals and judges of the superior court who are subject to retention.
6. The summary of a fiscal impact statement prepared by the joint legislative budget committee staff pursuant to subsection E of this section.
7. Immediately below the legislative council analysis, for any statutory measure, the following statement in boldfaced type: "Notice: Pursuant to proposition 105 (1998), these measures cannot be changed in the future if approved on the ballot except by a three-fourths vote of the members of each house of the legislature and if the change furthers the purpose of the original ballot measure, by an initiative petition or by referring the change to the ballot."
B. The secretary of state shall post the publicity pamphlet on the secretary of state's website as soon as is practicable after the pamphlet is printed and shall mail one copy of the publicity pamphlet to every household that contains a registered voter or, at the option of the voter, may make that delivery by e-mail. The mailings may be made over a period of days but shall be mailed in order to be delivered to households before the earliest date for receipt by registered voters of any requested early ballots for the general election.
C. The secretary of state, on request by a voter, shall provide for the publicity pamphlet to be delivered to the voter by e-mail. The motor vehicle division of the department of transportation shall provide for persons to choose e-mail delivery by way of the secure internet portal operated by the department pursuant to section 16-112. The secretary of state and the motor vehicle division shall notify the voter that, unless all persons who are registered to vote at the voter's household also request e-mail delivery of the publicity pamphlet, the voter's household will receive a publicity pamphlet by regular mail. If the secretary of state receives a return e-mail that indicates the e-mail address provided by the voter is undeliverable, the secretary of state shall provide the publicity pamphlet to the voter by regular mail. Notwithstanding any other law, a voter's e-mail address may not be released for any other purpose.
D. Sample ballots for both the primary and general elections shall include a statement that information on how to obtain a publicity pamphlet for the general election ballot propositions is available by calling the secretary of state. The statement shall include a telephone number and mailing address of the secretary of state.
E. On certification of an initiative measure as qualified for the ballot, the secretary of state shall hold or cause to be held at least three public meetings on the ballot measure. Hearings shall be held in at least three different counties and shall be held before the date of the election on the measure. The hearings shall provide an opportunity for proponents, opponents and the general public to provide testimony and request information. Hearings may be scheduled to include more than one qualified ballot measure and shall include a fiscal impact presentation on the measure by the joint legislative budget committee staff. The joint legislative budget committee staff shall prepare a summary of the fiscal impact for each ballot measure, not to exceed three hundred words, for publication in the publicity pamphlet.
Notes of Decisions
Cited in
35
cases (
4 in the last 5 years), 1959–2025 · leading case:
Tilson v. Mofford
Tilson v. Mofford (1987)
ariz · cites it 39×
“III Tilson next argues that the initiative violates A.R.S. § 19-123 and is intentionally deceptive and misleading.”
Mathieu v. Mahoney (1993)
ariz · cites it 8×
“The Secretary issued a publicity pamphlet in advance of the general election to inform voters of the upcoming propositions, pursuant to A.R.S. § 19-123(A). Sufficient pamphlets were printed before the primary (which occurred on September 8, 1992) to distribute to 80% of the…”
Calik v. Kongable (1999)
ariz · cites it 4×
“A.R.S. § 19-123. The council is a statutory agency, established under Title 41, ch.”
Kromko v. City of Tucson (2002)
arizctapp · cites it 5×
“Rather, they involved statutes applicable to state election ballots and publicity pamphlets, specifically A.R.S. §§ 19-123 and 19-124. Section 19-124(B) requires the legislative council to “prepare and file with the secretary of state an impartial analysis of the provisions of…”
Jaime Molera v. reagan/invest in Education (2018)
ariz · cites it 8×
“Pursuant to A.R.S. § 19-123(E), the Joint Legislative Budget Committee (“JLBC”) staff is required to prepare a fiscal-impact summary for voter- initiated ballot measures.”
Rep Andrew Tobin v. Hon Rea (2013)
ariz · cites it 6×
“In addition, given the time constraints for preparation, printing, and mailing of the Secretary of State’s publicity pamphlet, see A.R.S. § 19-123 (2012), there is no “equally plain, speedy, and adequate remedy by appeal,” Ariz.”
Matter of Marquardt (1989)
ariz · cites it 4×
“See A.R.S. § 19-123. [6] Though the constitution does not explicitly state this, it would be absurd to conclude that its provisions permit a judge, disqualified because charges had been filed, to resume official duties after conviction.”
Healthy Arizona Initiative PAC v. Groscost (2000)
ariz · cites it 13×
“When viewed against the backdrop of our constitution, Ariz.Rev.Stat. § 19-123 implicitly requires that the JLBC fiscal impact summary, like the Legislative Council's analysis, be impartial.”
FAIRNESS & ACCT. IN INS. REFORM v. Greene (1994)
ariz · cites it 11×
“Here, in contrast, sufficient time remained after our order for the Council and secretary of state to comply with A.R.S. §§ 19-123 and 19-124. We do not decide, therefore, under what circumstances removal from the ballot might be appropriate.”
Airness & Accountability in Insurance Reform v. Greene (1994)
ariz · cites it 11×
“Here, in contrast, sufficient time remained after our order for the Council and secretary of state to comply with A.R.S. §§ 19-123 and 19-124. We do not decide, therefore, under what circumstances removal from the ballot might be appropriate.”
Iman v. Bolin (1965)
ariz · cites it 4×
“Appellants finally complain of the fact that the original publicity pamphlet did not contain, "[a] true copy of the title and text of the measure," as required by A.R.S. § 19-123. It appears that in the original pamphlet the words, "one fireman", contained in the petition, were…”
— Ariz. Rev. Stat. § 19-123(A) — 8 cases
Mathieu v. Mahoney (1993)
ariz
“The Secretary issued a publicity pamphlet in advance of the general election to inform voters of the upcoming propositions, pursuant to A.R.S. § 19-123(A). Sufficient pamphlets were printed before the primary (which occurred on September 8, 1992) to distribute to 80% of the…”
Healthy Arizona Initiative PAC v. Groscost (2000)
ariz
“When viewed against the backdrop of our constitution, Ariz.Rev.Stat. § 19-123 implicitly requires that the JLBC fiscal impact summary, like the Legislative Council's analysis, be impartial.”
— Ariz. Rev. Stat. § 19-123(A)(1) — 4 cases
Tilson v. Mofford (1987)
ariz
“III Tilson next argues that the initiative violates A.R.S. § 19-123 and is intentionally deceptive and misleading.”
— Ariz. Rev. Stat. § 19-123(A)(3) — 3 cases
Rep Andrew Tobin v. Hon Rea (2013)
ariz
“In addition, given the time constraints for preparation, printing, and mailing of the Secretary of State’s publicity pamphlet, see A.R.S. § 19-123 (2012), there is no “equally plain, speedy, and adequate remedy by appeal,” Ariz.”
— Ariz. Rev. Stat. § 19-123(A)(4) — 6 cases
Calik v. Kongable (1999)
ariz
“A.R.S. § 19-123. The council is a statutory agency, established under Title 41, ch.”
Rep Andrew Tobin v. Hon Rea (2013)
ariz
“In addition, given the time constraints for preparation, printing, and mailing of the Secretary of State’s publicity pamphlet, see A.R.S. § 19-123 (2012), there is no “equally plain, speedy, and adequate remedy by appeal,” Ariz.”
FAIRNESS & ACCT. IN INS. REFORM v. Greene (1994)
ariz
“Here, in contrast, sufficient time remained after our order for the Council and secretary of state to comply with A.R.S. §§ 19-123 and 19-124. We do not decide, therefore, under what circumstances removal from the ballot might be appropriate.”
Airness & Accountability in Insurance Reform v. Greene (1994)
ariz
“Here, in contrast, sufficient time remained after our order for the Council and secretary of state to comply with A.R.S. §§ 19-123 and 19-124. We do not decide, therefore, under what circumstances removal from the ballot might be appropriate.”
— Ariz. Rev. Stat. § 19-123(A)(7) — 2 cases
— Ariz. Rev. Stat. § 19-123(B) — 4 cases
Mathieu v. Mahoney (1993)
ariz
“The Secretary issued a publicity pamphlet in advance of the general election to inform voters of the upcoming propositions, pursuant to A.R.S. § 19-123(A). Sufficient pamphlets were printed before the primary (which occurred on September 8, 1992) to distribute to 80% of the…”
FAIRNESS & ACCT. IN INS. REFORM v. Greene (1994)
ariz
“Here, in contrast, sufficient time remained after our order for the Council and secretary of state to comply with A.R.S. §§ 19-123 and 19-124. We do not decide, therefore, under what circumstances removal from the ballot might be appropriate.”
Airness & Accountability in Insurance Reform v. Greene (1994)
ariz
“Here, in contrast, sufficient time remained after our order for the Council and secretary of state to comply with A.R.S. §§ 19-123 and 19-124. We do not decide, therefore, under what circumstances removal from the ballot might be appropriate.”
— Ariz. Rev. Stat. § 19-123(D) — 1 case
Healthy Arizona Initiative PAC v. Groscost (2000)
ariz
“When viewed against the backdrop of our constitution, Ariz.Rev.Stat. § 19-123 implicitly requires that the JLBC fiscal impact summary, like the Legislative Council's analysis, be impartial.”
— Ariz. Rev. Stat. § 19-123(E) — 2 cases
Jaime Molera v. reagan/invest in Education (2018)
ariz
“Pursuant to A.R.S. § 19-123(E), the Joint Legislative Budget Committee (“JLBC”) staff is required to prepare a fiscal-impact summary for voter- initiated ballot measures.”
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