A. The whole number of votes cast at the citywide or townwide election at which a mayor or councilmen were chosen last preceding the submission of the application for a referendum petition against an ordinance, franchise or resolution shall be the basis on which the number of electors of the city or town required to file a referendum petition shall be computed. For the purposes of this section, a citywide or townwide election is an election at which all of the qualified electors of a city or town are eligible to vote for a mayor or members of the city or town council. The petition shall be filed with the city or town clerk within thirty days after passage of the ordinance, resolution or franchise.
B. A city or town ordinance, resolution or franchise shall not become operative until thirty days after its passage by the council and approval by the mayor, unless it is passed over the mayor's veto, and then it shall not become operative until thirty days after final approval and until certification by the clerk of the city or town of the minutes of the meeting at which the action was taken, except emergency measures necessary for the immediate preservation of the peace, health or safety of the city or town. An emergency measure shall not become immediately operative unless it states in a separate section the reason why it is necessary that it should become immediately operative, and unless it is approved by the affirmative vote of three-fourths of all the members elected to the city or town council, taken by ayes and noes, and also approved by the mayor.
C. At the time a person or organization intending to file a referendum petition against an ordinance or resolution applies for the issuance of an official number pursuant to section 19-111, the city or town clerk shall provide such person or organization with a full and correct copy of the ordinance or resolution in the form as finally adopted. If the copy of the ordinance or resolution proposed as a referendum is not available to such person or organization at the time of making application for an official number or on the same business day as the application is submitted, the thirty-day period prescribed in subsection A of this section begins on the day that the ordinance or resolution is available from the city or town clerk, and the ordinance or resolution shall not become operative until thirty days after the ordinance or resolution is available.
D. Notwithstanding subsection C of this section, a person or organization may file a referendum petition against the rezoning of a parcel of property on the approval by the city or town council of the ordinance that adopts the rezoning or on the approval of that portion of the minutes of the city or town council that includes the council's approval of the rezoning, whichever occurs first. The thirty day period prescribed in subsection A of this section begins on the day that the rezoning ordinance or approved minutes or portion of the approved minutes are available from the city or town clerk and the ordinance is not operative until thirty days after the ordinance or minutes are available.
Notes of Decisions
Robson Ranch Mountains, L.L. C. v. Pinal Cnty., 51 P.3d 342 (Ariz. Ct. App. 2002).
· cites it 31× “For purposes of A.R.S. § 19-142, when does the thirty-day time period commence for filing a referendum petition that challenges a county rezoning ordinance: when the ordinance is enacted and executed by a county board of supervisors or, only later, when a county’s elections…”
Hause v. City of Tucson, 19 P.3d 640 (Ariz. Ct. App. 2001).
· cites it 30× “The legislature amended § 19-142, but made no changes to § 19-142(C).”
Jones v. Paniagua, 212 P.3d 133 (Ariz. Ct. App. 2009).
· cites it 29× “We hold that a conflict exists and affirm the superior court’s order requiring Phoenix to use A.R.S. § 19-142(A) to compute the number of signatures.”
Pioneer Trust Co. v. Pima Cnty., 811 P.2d 22 (Ariz. 1991).
· cites it 14× “Whether the Board’s conditional approval of the Owner’s application to rezone is a proper subject for referendum, or whether the Challengers must wait and challenge the final zoning ordinance when and if one is adopted.”
Moore v. City of Page, 713 P.2d 813 (Ariz. Ct. App. 1986).
· cites it 20× “Therefore, under the terms of A.R.S. § 19-142(B) and Page City Code, § 2-5-6 the resolution did not become effective until thirty days after it was passed.”
Fid. Nat'l Title Co. v. Town of Marana, 204 P.3d 1096 (Ariz. Ct. App. 2009).
· cites it 7× “§ 19-142(A), (D). ¶ 9 Thus, both our legislature and supreme court have made clear that the subsequent adoption of a rezoning ordinance is not the triggering event for purposes of the right of referendum.”
City of Flagstaff v. Mangum, 793 P.2d 548 (Ariz. 1990).
· cites it 7× “The clerk also rejected the petition as a referendum petition because it was not filed within thirty days after passage of the challenged ordinance as required by A.R.S. § 19-142. Citizens then filed a special action in superior court, seeking an order compelling the clerk to…”
Voice of Surprise v. Skip Hall, 533 P.3d 942 (Ariz. 2023).
· cites it 5× “See A.R.S. § 19-142(A) (“The petition shall be filed with the city or town clerk within thirty days after passage of the ordinance, resolution or franchise.”
Gieszl v. Town of Gilbert, 529 P.2d 255 (Ariz. Ct. App. 1974).
· cites it 10× “A.R.S. § 19-142(B). Thus, if an annexation ordinance was passed as an emergency measure, making the annexation complete immediately, under then existing law the right of a private citizen to attack that annexation was cut off.”
— Ariz. Rev. Stat. § 19-142(0) — 1 case
Hause v. City of Tucson, 19 P.3d 640 (Ariz. Ct. App. 2001).
“The legislature amended § 19-142, but made no changes to § 19-142(C).”
— Ariz. Rev. Stat. § 19-142(A) — 18 cases
Jones v. Paniagua, 212 P.3d 133 (Ariz. Ct. App. 2009).
“We hold that a conflict exists and affirm the superior court’s order requiring Phoenix to use A.R.S. § 19-142(A) to compute the number of signatures.”
City of Flagstaff v. Mangum, 793 P.2d 548 (Ariz. 1990).
“The clerk also rejected the petition as a referendum petition because it was not filed within thirty days after passage of the challenged ordinance as required by A.R.S. § 19-142. Citizens then filed a special action in superior court, seeking an order compelling the clerk to…”
Voice of Surprise v. Skip Hall, 533 P.3d 942 (Ariz. 2023).
“See A.R.S. § 19-142(A) (“The petition shall be filed with the city or town clerk within thirty days after passage of the ordinance, resolution or franchise.”
Robson Ranch Mountains, L.L. C. v. Pinal Cnty., 51 P.3d 342 (Ariz. Ct. App. 2002).
“For purposes of A.R.S. § 19-142, when does the thirty-day time period commence for filing a referendum petition that challenges a county rezoning ordinance: when the ordinance is enacted and executed by a county board of supervisors or, only later, when a county’s elections…”
— Ariz. Rev. Stat. § 19-142(B) — 8 cases
Moore v. City of Page, 713 P.2d 813 (Ariz. Ct. App. 1986).
“Therefore, under the terms of A.R.S. § 19-142(B) and Page City Code, § 2-5-6 the resolution did not become effective until thirty days after it was passed.”
Gieszl v. Town of Gilbert, 529 P.2d 255 (Ariz. Ct. App. 1974).
“A.R.S. § 19-142(B). Thus, if an annexation ordinance was passed as an emergency measure, making the annexation complete immediately, under then existing law the right of a private citizen to attack that annexation was cut off.”
— Ariz. Rev. Stat. § 19-142(C) — 10 cases
Robson Ranch Mountains, L.L. C. v. Pinal Cnty., 51 P.3d 342 (Ariz. Ct. App. 2002).
“For purposes of A.R.S. § 19-142, when does the thirty-day time period commence for filing a referendum petition that challenges a county rezoning ordinance: when the ordinance is enacted and executed by a county board of supervisors or, only later, when a county’s elections…”
Pioneer Trust Co. v. Pima Cnty., 811 P.2d 22 (Ariz. 1991).
“Whether the Board’s conditional approval of the Owner’s application to rezone is a proper subject for referendum, or whether the Challengers must wait and challenge the final zoning ordinance when and if one is adopted.”
Hause v. City of Tucson, 19 P.3d 640 (Ariz. Ct. App. 2001).
“The legislature amended § 19-142, but made no changes to § 19-142(C).”
Voice of Surprise v. Skip Hall, 533 P.3d 942 (Ariz. 2023).
“See A.R.S. § 19-142(A) (“The petition shall be filed with the city or town clerk within thirty days after passage of the ordinance, resolution or franchise.”
— Ariz. Rev. Stat. § 19-142(D) — 5 cases
Robson Ranch Mountains, L.L. C. v. Pinal Cnty., 51 P.3d 342 (Ariz. Ct. App. 2002).
“For purposes of A.R.S. § 19-142, when does the thirty-day time period commence for filing a referendum petition that challenges a county rezoning ordinance: when the ordinance is enacted and executed by a county board of supervisors or, only later, when a county’s elections…”
Hause v. City of Tucson, 19 P.3d 640 (Ariz. Ct. App. 2001).
“The legislature amended § 19-142, but made no changes to § 19-142(C).”
Fid. Nat'l Title Co. v. Town of Marana, 204 P.3d 1096 (Ariz. Ct. App. 2009).
“§ 19-142(A), (D). ¶ 9 Thus, both our legislature and supreme court have made clear that the subsequent adoption of a rezoning ordinance is not the triggering event for purposes of the right of referendum.”
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