Forty-ninth Legislature
Second Regular Session

 

COMMITTEE ON JUDICIARY

HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2438

(Reference to printed bill)

 

1   Strike everything after the enacting clause and insert:

2                 "Section 1. Section 19-125, Arizona Revised Statutes, is amended to

3           read:

4                 19-125. Form of ballot

5                 A. The secretary of state, at the time he transmits to the clerks of

6           the boards of supervisors a certified copy of the name of each candidate for

7           public office, shall transmit to each clerk a certified copy of the official

8           title, the descriptive title and the number of each measure and proposed

9           amendment to the constitution to be voted upon ON at the ensuing regular

10          general election.

11                B. Proposed constitutional amendments shall be numbered consecutively

12          beginning with the number one hundred, proposed initiative measures shall be

13          numbered consecutively beginning with the number two hundred, measures

14          submitted under the referendum shall be numbered consecutively beginning with

15          the number three hundred, and county and local issues shall be numbered

16          consecutively beginning with the number four hundred. Numbering shall be

17          consecutive based on the order in which the initiative or referendum

18          petitions are filed with the secretary of state. INDIVIDUAL NUMBERING SHALL

19          CONTINUE FROM THE LAST NUMBER USED IN THE PREVIOUS ELECTION AND SHALL NOT BE

20          REPEATED UNTIL ALL ONE HUNDRED NUMBERS IN THAT SERIES HAVE BEEN USED.

21          Proposed constitutional amendments shall be placed by themselves at the head

22          of the ballot column, followed by initiated and referred measures in that

23          order.

24                C. The officer in charge of elections shall print the official title,

25          the descriptive title and the number of each measure upon ON the official

26          ballot in the order presented to him by the secretary of state unless

27          otherwise provided by law. The number of the measure shall be in reverse

28          type and at least twelve point type. A proposed constitutional amendment


House Amendments to H.B. 2438

1           shall be designated "proposed amendment to the constitution by the

2           legislature", or "proposed amendment to the constitution by the initiative",

3           as the case may be. A measure referred by the legislature shall be

4           designated "referred to the people by the legislature", a measure referred by

5           petition shall be designated "referendum ordered by petition of the people"

6           and a measure proposed by initiative petition shall be designated "proposed

7           by initiative petition".

8                 D. There shall be printed on the official ballot immediately below the

9           number of the measure and the official title of each measure a descriptive

10          title containing a summary of the principal provisions of the measure, not to

11          exceed fifty words, which shall be prepared by the secretary of state and

12          approved by the attorney general AND THAT INCLUDES THE FOLLOWING or the

13          ballot shall comply with subsection E of this section:

14                A "yes" vote shall have the effect of ___________________________.

15                A "no" vote shall have the effect of ____________________________.

16          The blank spaces shall be filled with a brief phrase, approved by the

17          attorney general, stating the essential change in the existing law should the

18          measure receive a majority of votes cast in that particular manner. In the

19          case of a referendum, a "yes" vote shall have the effect of approving the

20          legislative enactment that is being referred. Below the statement of effect

21          of a "yes" vote and effect of a "no" vote there shall be printed the

22          corresponding words "yes" and "no" and a place for the voter to put a mark as

23          defined in section 16-400 indicating his preference.

24                E.   Instead of printing the official and descriptive titles or the full

25          text of each measure or question on the official ballot, the officer in

26          charge of elections may print phrases on the official ballot that contain all

27          of the following:

28                1. The number of the measure in reverse type and at least twelve point

29          type.

30                2. The designation of the measure as prescribed by subsection C of

31          this section or as a question, proposition or charter amendment, followed by

32          the words "relating to..." and inserting the subject.

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House Amendments to H.B. 2438

1                 3. Either the statement prescribed by subsection D of this section

2           that describes the effects of a "yes" vote and a "no" vote or, for other

3           measures, the text of the question or proposition.

4                 4. The words "yes" and "no" or "for" and "against", as may be

5           appropriate and a place for the voter to put a mark.

6                 F. For any ballot printed pursuant to subsection E of this section,

7           the instructions on the official ballot shall direct the voter to the full

8           text of the official and descriptive titles and the questions and

9           propositions as printed on the sample ballot and posted in the polling place.

10                Sec. 2. Applicability: 2010 elections

11                This act applies to the 2010 general election, and the secretary of

12          state shall not repeat the use of the numbers for the 2010 general election

13          that were used to designate ballot measures in the 2008 general election and

14          shall use numbers in sequence after those used in 2008.

15                Sec. 3. Emergency

16                This act is an emergency measure that is necessary to preserve the

17          public peace, health or safety and is operative immediately as provided by

18          law."

19   Amend title to conform

and, as so amended, it do pass

                                                      ADAM DRIGGS
                                                      Chairman

2438-se-jud
2/25/10
H:jmb

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