Arizona propositions 128, 129 and 132 would restrict future initiatives. What you need to know

Three measures on the November ballot ask Arizona voters to reduce the power they have to create laws and give more authority to state legislators and the courts to determine which voter-approved measures are allowed.

In Arizona, voters get a voice in lawmaking when either the state Legislature refers issues to voters, or when proponents of a change in the law gather enough signatures to put it on the ballot themselves.

All three measures affecting measures this year — Propositions 128, 129 and 132 — would place new limits or checks on citizen initiatives.

Major issues like the state minimum wage and medical and recreational marijuana were approved at the ballot, often despite opposition from lawmakers.

More on propositions: Arizona voters will decide these ballot measures in 2022

This has established a dynamic in the state where conservatives and conservative institutions such as the chambers of commerce, Goldwater Institute and the Arizona Free Enterprise Club generally oppose citizen-lead ballot measures. Those groups are supporting the three changes Arizonans are asked to decide this year.

It's worth noting that because of the longstanding Republican majority in the state Legislature, these conservative groups tend to see the legislation they support enacted by lawmakers, and have little use for citizen initiatives.

On the other side are progressive groups such as the Center for Economic Progress, League of Women Voters, Living United for Change and others who are opposing the measures. They strongly support voters getting a say in lawmaking.

It's also worth noting that because of the longstanding Democrat minority in the Legislature, these groups tend to not agree with Legislation passed at the statehouse. They see citizen initiatives as the only avenue to enact changes they deem important.

Voters will have a heavy lift this year wading through 10 statewide measures, not including municipal measures on their ballots.

What supporters, opponents say

The Arizona Chamber of Commerce and Industry is supporting Propositions 128, 129 and 132, all of which were referred to the ballot by the Legislature.

"Each one of them is valuable," said Danny Seiden, president and CEO of the Arizona Chamber of Commerce and Industry.

"For far too long, we’ve seen initiative after initiative fail or end up in the court process," he said. "My members, our organization and others are spending millions and millions of dollars over these convoluted initiatives that don’t make it past the qualification state."

But the League of Women Voters, which bills itself as nonpartisan, opposes all three measures.

"We are quite disturbed that all three of them are ways in which the power of the citizens to enact legislation through ballot initiatives is deeply curtailed," league President Pinny Sheoran said. "Citizens have such a heavy lift to get something on the ballot."

She said her organization's opposition is rooted in preserving voters' ability to address problems that are not taken up by state lawmakers for one reason or another.

"We don’t care what the ballot measure is, we are going to fight for the right of citizens to bring forward ballot measures," she said.

Politics: Here are the ballot measures to watch during the 2022 midterms

Proposition 128: Diverting funds

Proposition 128 would allow the Legislature to change ballot measures that voters approve, or to divert funds from them, if either the Arizona or U.S. Supreme Court determines a measure is unconstitutional.

In 1998, Arizona voters approved the Voter Protection Act. It prohibits lawmakers from changing measures passed by voters. The measure was prompted by a dispute over medical marijuana, which voters approved two years before the Legislature reversed it.

The strict wording of the act has made it challenging to make minor amendments to voter-approved laws when there is bipartisan agreement that a change is needed.

The Voter Protection Act says that the Legislature can only amend voter-approved laws if the changes further the purpose of the measure, and those changes also must receive support from 75% of the members in both chambers of the Legislature.

Supporters of this measure say it would allow lawmakers to make minor changes to measures so they conform to the law, rather than require the courts to throw a measure out entirely.

Proposition 128 supporters who wrote ballot arguments for the measure include the Arizona Free Enterprise Club, Arizona Chamber of Commerce and Industry, Center for Arizona Policy and other business interests who contend the measure will make it possible to fix problems in voter-approved measures.

Representatives from the League of Women Voters, One Arizona, Mormon Women for Ethical Government, Arizona Education Association, Living United for Change in Arizona and others wrote arguments against the measure, saying it would give lawmakers the ability to overturn the will of voters.

Seiden said the measure is needed because some voter-approved laws, including one dealing with Citizens Clean Election Commission funding for candidates, were partially invalid by the courts.

"To have the Legislature come in and fix it, these are your elected representatives, that’s what they are there to do," he said.

Mohit Asnani, a Tucson business owner, had a particularly colorful explanation of why voters should oppose Proposition 128, which he wrote for the voter’s guide.

“The biggest problem with Prop 128 is that it gives more weight to the judicial branch of government by reducing the power of the legislative branch, which makes new laws and lies in the hands of the citizenry,” Asnani wrote. “By voting for Prop 128, you will be reducing the weight of your vote while giving the 90 people in the Legislature more power than the 3 million plus Arizona voters like you who participate in the general election.”

Sheoran said the courts have shown partisanship in recent decisions, and therefore should not have such a large role in invalidating citizen-approved laws.

Voting: Most Americans want chance to support abortion rights on state ballot

Proposition 129: Single subject rule

Proposition 129 would require future voter initiatives to cover only one subject and would require a description of that subject in the title. Any portion of such an initiative not addressed in the title would be void, even if approved by voters.

The supporters and opponents are almost identical to Proposition 128, as they are to 132 as well.

Many voter initiatives deal with multiple issues because it costs money to qualify a measure for the ballot, and some issues are closely related.

For example, the 2016 ballot measure that raised the minimum wage also included provisions for expanding sick leave for workers.

The 2020 ballot measure that legalized marijuana use for adults included provisions to erase criminal records for people with low-level marijuana charges, and also created a new licensing system for marijuana shops run by people harmed by the war on drugs.

Sheoran said the League of Women Voters determined this measure was harmful to voters because citizens already have limited ability to write legislation, while lawmakers get to introduce thousands of potential bills a year.

She said it's only fair that citizens can package related measures together in a logical way so they don't have to present multiple measures to voters dealing with the same issue.

"Citizens only get one bite at the apple — during elections," she said.

The complex political issues addressed through ballot measures, she said, are not always so simple that one simple subject can address them.

"Issues like voting rights, women’s rights to health, reproductive rights, even living wages for workers, are complex subjects," she said. "And (this measure) again introduces the judicial arm to be part of the process. Who is to decide if a subject title and subject are the same? Courts can make that determination in an unbalanced way."

Including multiple provisions in a ballot measure doesn't always mean voters will know of all those elements based on what they see on their ballot. State law requires that the descriptive title on ballots explaining the provisions of a measure not exceed fifty words. These titles are written by the Secretary of State's office and approved by the Attorney General.

Seiden, from the chamber, said his group is putting the most effort into passing Proposition 129, seeing it as the most important of this year's measures.

He said that limiting measures to a single subject should make it easier, not harder, to get them on the ballot.

"For far too long these initiatives have been overly convoluted," he said. He cited a recent ballot measure that would have addressed election reforms that contained dozens of provisions. That measure didn't receive enough signatures to qualify for the ballot.

He said voters can be misled into believing they are approving one thing, when in reality the ballot measure does quite a bit more than what is described in the title.

“It is a transparency measure,” he said of Proposition 129. “I would challenge anyone to come out to the open and say they have a problem with that.”

Proposition 132: 60% to approve taxes

Proposition 132 would require 60% of voters to approve any new tax via a ballot measure.

Supporters, including Republican Gov. Doug Ducey, note that lawmakers must have a two-thirds vote to approve new taxes when they vote on such matters in the Legislature.

But opponents say this could result in minority rule, where 41% of voters can block legislation dealing with the wide array of issues that rely on tax dollars.

Victor Riches, president and CEO of the Goldwater Institute, wrote in his support statement to Proposition 132 that it is needed to protect Arizonans from “out-of-state special interests.”

Election guide: November 2022

City races | School boards | State | Governor
| Ballot measures | Federal races | How to vote

“Arizona voters already passed a measure that requires a two-thirds vote of the Legislature to pass any tax increase,” he wrote. “That was done to ensure that politicians consider all alternatives for raising revenue before they simply pass additional tax burdens on to Arizona residents and small businesses. Prop 132 applies this same reasoning to ballot questions by requiring 60% of the voters to approve tax increases placed on the ballot. Not only does this protect our wallets during times of skyrocketing inflation and gas prices, it also limits the ability of out-of-state special interests to raise our taxes for their own pet projects.”

Seiden said the higher burden is warranted for tax increases.

"They are going to hurt our economy nine times out of 10," he said of tax increases, justifying why a greater percentage of voters should be required to pass them.

Sheoran said citizen initiatives should not face this additional hurdle.

"What is very ironic is they are going to use a simple majority vote to impose a two-thirds majority requirement on voters," she said. "We believe a simple majority is what is needed. A simple majority is what they use to pass laws, to give tax breaks, which is a kind of taxation on the people who don’t get the tax breaks."

An example of a measure that would not pass under the requirement is Proposition 208, which voters in November 2020 approved with 51.7% of the vote. It imposed a 3.5% surcharge on taxable incomes over $250,000 for single filers and $500,000 for joint filers.

The measure later was struck down by the courts.

What's on your ballot: The Gaggle breaks down key ballot propositions for 2022

Reach reporter Ryan Randazzo at ryan.randazzo@arizonarepublic.com or 602-444-4331. Follow him on Twitter @UtilityReporter.

Subscribe to azcentral.com today.

This article originally appeared on Arizona Republic: Arizona Props. 128, 129 and 132: What they do, what you should know