March 17, 2020
By Jenna Bentley
Even the
best-intentioned ballot measures can have unintended consequences or mistakes
in the way the language is written. But thanks to a clause that severely limits
the Legislature’s ability to change the wording of a measure, Arizona is in the
dangerous position of not being able to amend or correct language that has
passed at the ballot without considerable difficulty. Now, a bill headed to the
Arizona House could help make voters more aware of the law—and the potential
implications that their votes on ballot measures could hold.
In 1998,
Arizona enacted the Voter Protection Act (VPA) making Arizona the only state
in the nation to require any legislative changes to an initiative to further
the original intent of the language (meaning it can never be repealed by the
legislature) in addition to a supermajority vote to amend. Measures passed
at the ballot can only be repealed by another ballot initiative. Unfortunately,
many Arizonans are not aware of the strict requirements of the VPA when they
vote on ballot measures. These initiatives can have monumental (and in some
cases, disastrous) consequences for our state.
Fortunately,
a simple, commonsense notice requirement to help inform voters of Arizona’s VPA
has passed the Senate and will soon be headed to the House floor. SB1020 will require that a disclosure be
printed once on all ballot forms, political signs, publicity pamphlets, and
legislative council analysis notifying voters of the effects of the VPA on
voter-passed initiatives. This language is pulled directly from Prop 105 in
its procedural description: “Notice: pursuant to proposition 105 (1998),
these measures can never 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, or by
referring the change to the ballot.”
This bill
does not change the VPA and maintains that right of voters to the initiative
process while providing voters fair notice of the VPA’s strict requirements.
Surely,
if this provision was written into a proposition itself, it would appear in the
summary due to its drastic effects. Arizona’s VPA is unlike any other in the country;
because of this, the importance of telling voters about it warrants its presence
on the ballot—not hidden in a publicity pamphlet few people read. Suppressing
highly relevant information, like the existence of the VPA, keeps voters from
making fully informed decisions.
Any
arguments claiming that a person’s potential mistrust of the government,
coupled with knowledge of Arizona’s VPA, will somehow influence their vote is
disingenuous. We have no sincerely held belief requirements prior to voting. Therefore,
any argument that a voter’s potential mistrust of the Legislature’s limited
ability to make changes to initiatives are undemocratic. Finally, concerns that
this one-line addition will somehow create multiple-page ballots, or cause
voter confusion, also are with little merit. It is the same as saying that it’s
better to withhold vital information from voters, then to risk them not
understanding it. And that’s a disturbing argument.
Please vote YES to SB1020 on the House floor and ensure that voters are informed
of our unique Voter Protection Act.
Jenna Bentley
is the Director of Government Affairs at the Goldwater Institute.
