Lawmakers consider measure to make it harder for voters to pass initiatives, referendums

Arizona legislators are proposing to raise the bar for voters to pass new laws at the ballot box, just months after the state’s voters approved two measures opposed by many GOP lawmakers.

A proposed constitutional amendment passed by a committee in the Arizona House of Representatives on Wednesday would require initiatives and referendums to win a supermajority of 60% of votes to pass, instead of a simple majority.

Voters would have to approve the idea for it to take effect. But it may just be one of several proposals they find on their ballot at the next general election that could upend the initiative process.

Backers have argued many of these proposals merely apply standards to the initiative process that legislators must follow already.

Tax increases require a supermajority to pass the Legislature, for example.

And when voters approved the Voter Protection Act, they required a supermajority for the Legislature to change a law passed through the initiative process.

Some lawmakers have in turn argued it is only fair to require supermajorities for measures passed at the ballot box.

“I think it’s super important we have an initiative process and the ability for voters to have their will done. But I wanted to do this bill because we have become a petri dish for outside money to come in and, with a small amount of voters, get something to pass that is very hard to get changed in the future,” Rep. Tim Dunn, a Republican from Yuma and sponsor of the supermajority measure, told a House committee.

But critics have countered that changes such as Dunn's House Concurrent Resolution 2016 also should require a supermajority vote — an unlikely prospect in a narrowly divided Legislature.

“Shouldn’t we hold ourselves to that standard with this proposal? Otherwise, what message are we sending to the voters?” Rep. Athena Salman, D-Tempe, asked Dunn.

More broadly, Democrats have argued that the measure amounts to a power grab by the Legislature as the state’s political landscape shifts and voters see the initiative process rather than the Legislature as a more effective avenue to implement the policies they want.

“A lot of these measures that we see on the ballot do come to our Legislature, and for many reasons, we don’t see many of these issues advance at our state Legislature. And that’s why citizens resort to the initiative process,” said Rep. Raquel Terán, D-Phoenix.

Moreover, Democrats argue it has already become expensive enough to run a statewide ballot measure campaign.

Last year, voters legalized the recreational use of marijuana by adults age 21 and over. That measure passed with 60% of the vote after a proposal to legalize marijuana narrowly failed four years earlier.

Voters also elected to raise taxes on higher incomes to increase funds for public education. That measure passed with nearly 52% of the vote.

Republicans generally opposed both measures, and GOP lawmakers have sought in recent legislative sessions to curb the initiative process.

Meanwhile, the Arizona Chamber of Commerce and Industry has made it a priority this legislative session to change the initiative process, particularly by raising the threshold to pass initiatives.

Some states already require supermajorities to pass ballot measures.

Twenty-four states have a citizen initiative process, including Arizona, according to the National Conference of State Legislatures.

Voters can pass a ballot measure with a simple majority in 13 of those states.

Other states have adopted a range of special rules.

Some, such as Colorado and Florida, have set a higher bar for constitutional amendments.

Some states require that a measure get a certain proportion of support from all those voting in an election, not just the number who voted on the measure.

Other states raise the threshold for measures to pass about particular issues. Neighboring Utah requires 60% approval for laws that deal with hunting and fishing, for example.

Lawmakers also are considering steps beyond requiring a supermajority.

The Senate approved Concurrent Resolution 1024 on Wednesday, which would ask voters to require a two-thirds supermajority to pass initiatives that change taxes, such as by creating a new tax or eliminating existing tax exemptions. 

Another proposal wending through the Legislature would end tax increases passed through a statewide initiative after five years.

One proposal that would not require voter approval could limit the scope of initiatives to a single subject, potentially scuttling major policy changes dealing with different facets of law.

Contact Andrew Oxford at andrew.oxford@arizonarepublic.com or on Twitter at @andrewboxford.