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constitutional amendments; single subject
Our Position: oppose
Bill Number: SCR1008
Sponsor: Senator Huppenthal
Legislative Session: 2006 Legislative Session
It refers to the voters a measure to eliminate the separate-amendment provision of the Arizona Constitution and to replace it with the much lower standard for statutes. The requirement for a single question relative to constitutional amendments is written and interpreted more strictly — and for good reason. According to an Arizona Supreme Court decision, “The clear import of this provision is that voters must be allowed to express their separate opinion as to each proposed constitutional amendment.” That is critical and should not be weakened because someone’s favorite issue was knocked off the ballot. Proposed amendments to the Arizona Constitution should not be a jumble of loosely related matters.
Status
There was a strike everything on a different topic in Appropriations, so this measure is dead.
Action Needed
No action is needed as they did a strike everything to change the bill.
More information
To view more about the bill status, the text of the bill, and the legislature's summary, go to http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=SCR1008
Contact
Sandy Bahr at (602) 253-8633 or at sandy.bahr@sierraclub.org
Background
This bill refers to the voters a measure to eliminate the separate-amendment provision of the Arizona Constitution and to replace it with the much lower standard for statutes. Article 4, Part 2, Section 13 includes the provision relating to statutes. It states:
“Every Act shall embrace but one subject and matters properly connected therewith, which subject shall be expressed in the title; but if any subject shall be embraced in an Act which shall not be expressed in the title, such Act shall be void only as to so much thereof as shall not be embraced in the title.”
As you probably know, this provision has been interpreted very loosely and the courts have allowed considerable latitude in combining topics in legislation. There are many “Christmas tree” bills that move through the process and become law every year.
On the other hand, the section of the Constitution which addresses proposed constitutional amendments, Article 21, Section 1, states:
“If more than one proposed amendment shall be submitted at any election, such proposed amendments shall be submitted in such manner that the electors may vote for or against such proposed amendments separately.”
This is written and interpreted more strictly — and for good reason. According to a recent Arizona Supreme Court decision, “The clear import of this provision is that voters must be allowed to express their separate opinion as to each proposed constitutional amendment.” That is critical and should not be weakened because someone’s favorite issue was knocked off the ballot. The Arizona Constitution is the foundation for our laws. It and the U.S. Constitution are the law of the land and should be clear, concise, and easily understood by the citizens of this country and of this state. Proposed amendments to the Arizona Constitution should not be a jumble of loosely related matters.
Eliminating the single amendment provision of the Arizona Constitution and replacing it with this much weaker standard is truly one of the worst ideas we have seen in recent days —and there have been many. If this should pass, that means that in the future, we could be looking at 100-page constitutional amendments that throw in everything but the kitchen sink. How would that serve the state of Arizona or the public’s interest?
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