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ARIZONA
Constitution of the State of Arizona
Article 1
- STATE BOUNDARIES
Article 11
- EDUCATION
Article 22
- SCHEDULE AND
MISCELLANEOUS
Article 2
- DECLARATION OF
RIGHTS
Article 12
- COUNTIES
Article 25
- RIGHT TO WORK
Article 3
- DISTRIBUTION OF
POWERS
Article 13
–MUNICIPAL
CORPORATIONS
Article 26
- RIGHT OF LICENSED
REAL ESTATE BROKERS AND
SALESMEN TO PREPARE
INSTRUMENTS INCIDENT TO
PROPERTY TRANSACTIONS
Article 4
– LEGISLATIVE
DEPARTMENT
Article 14
- CORPORATIONS
OTHER THAN MUNICIPAL
Article 27
- REGULATION OF
PUBLIC HEALTH, SAFETY AND
WELFARE
Article 5
- EXECUTIVE
DEPARTMENT
Article 15
- THE CORPORATION
COMMISSION
Article 28
- ENGLISH AS THE
OFFICIAL LANGUAGE
Article 6
- JUDICIAL DEPARTMENT
Article 16
- MILITIA
Article 29
PUBLIC RETIREMENT
SYSTEMS
Article 6.1
- COMMISSION OF
JUDICIAL CONDUCT
Article 17
- WATER RIGHTS
Article 7
- SUFFRAGE AND
ELECTIONS
Article 18
- LABOR
Article 8
- REMOVAL FROM OFFICE
Article 19
- MINES
Article 9
- PUBLIC DEPT, REVENUE,
AND TAXATION
Article 20
- ORDINANCE
Article 10
- STATE AND SCHOOL
LANDS
Article 21
- MODE OF AMENDING.1
Article 1 - STATE BOUNDARIES
1.
Designation of boundaries
Section 1. The boundaries of the State of
Arizona shall be as follows,
namely: Beginning at a point on the Colorado
River twenty English miles below the
junction of the Gila and Colorado Rivers, as
fixed by the Gadsden Treaty between the
United States and Mexico, being in latitude
thirty-two degrees, twenty-nine minutes,
forty-four and forty-five one- hundredths
seconds north and longitude one hundred
fourteen degrees, forty-eight minutes,
forty-four and fifty-three one -hundredths seconds
west of Greenwich; thence along and with the
international boundary line between the
United States and Mexico in a southeastern
direction to Monument Number 127 on
said boundary line in latitude thirty-one
degrees, twenty minutes north; thence east along
and with said parallel of latitude, continuing
on said boundary line to an intersection with
the meridian of longitude one hundred nine
degrees, two minutes, fifty-nine and twenty-five
one-hundredths seconds west, being identical
with the southwestern corner of New
Mexico; thence north along and with said
meridian of longitude and the west boundary
of New Mexico to an intersection with the
parallel of latitude thirty-seven degrees north,
being the common corner of Colorado, Utah,
Arizona, and New Mexico; thence west
along and with said parallel of latitude and
the south boundary of Utah to an intersection
with the meridian of longitude one hundred
fourteen degrees, two minutes, fifty-nine and
twenty-five one-hundredths seconds west, being
on the east boundary line of the State
of Nevada; thence south along and with said
meridian of longitude and the east
boundary of said State of Nevada, to the
center of the Colorado River; thence down
the mid-channel of said Colorado River in a
southern direction along and with the east
boundaries of Nevada, California, and the
Mexican Territory of Lower California,
successively, to the place of beginning.
2.
Alteration of state boundaries
Section 2. The legislature, in cooperation
with the properly constituted authority
of any adjoining state, is empowered to
change, alter, and redefine the state boundaries,
such change, alteration and redefinition to
become effective only upon approval of the
Congress of the United States.
Preamble
We, the people of the State of Arizona,
grateful to Almighty God for our liberties, do ordain this
Constitution..2
Article 2 - DECLARATION OF RIGHTS
1.
Fundamental principles; recurrence to
Section 1. A frequent recurrence to
fundamental principles is essential to the
security of individual rights and the
perpetuity of free government.
2.
Political power; purpose of government
Section 2. All political power is inherent in
the people, and governments derive
their just powers from the consent of the
governed, and are established to protect and
maintain individual rights.
2. Victims'
bill of rights
Section 2.1. (A) To preserve and protect
victims' rights to justice and due
process, a victim of crime has a right:
1. To be treated with fairness, respect, and
dignity, and to be free from
intimidation, harassment, or abuse, throughout
the criminal justice process.
2. To be informed, upon request, when the
accused or convicted person is
released from custody or has escaped.
3. To be present at and, upon request, to be
informed of all criminal
proceedings where the defendant has the right
to be present.
4. To be heard at any proceeding involving a
post-arrest release decision, a
negotiated plea, and sentencing.
5. To refuse an interview, deposition, or
other discovery request by the
defendant, the defendant's attorney, or other
person acting on behalf of the defendant.
6. To confer with the prosecution, after the
crime against the victim has been
charged, before trial or before any
disposition of the case and to be informed of the
disposition.
7. To read pre-sentence reports relating to
the crime against the victim when
they are available to the defendant.
8. To receive prompt restitution from the
person or persons convicted of the
criminal conduct that caused the victim's loss
or injury.
9. To be heard at any proceeding when any
post-conviction release from
confinement is being considered.
10. To a speedy trial or disposition and
prompt and final conclusion of the case
after the conviction and sentence.
11. To have all rules governing criminal
procedure and the admissibility of
evidence in all criminal proceedings protect
victims' rights and to have these rules be
subject to amendment or repeal by the
legislature to ensure the protection of these
rights.
12. To be informed of victims' constitutional
rights..3
(B) A victim's exercise of any right granted
by this section shall not be grounds
for dismissing any criminal proceeding or
setting aside any conviction or sentence.
(C) "Victim" means a person against whom the
criminal offense has been
committed or, if the person is killed or
incapacitated, the person's spouse, parent, child
or other lawful representative, except if the
person is in custody for an offense or is the
accused.
(D) The legislature, or the people by
initiative or referendum, have the authority
to enact substantive and procedural laws to
define, implement, preserve and protect the
rights guaranteed to victims by this section,
including the authority to extend any of these
rights to juvenile proceedings.
(E) The enumeration in the constitution of
certain rights for victims shall not be
construed to deny or disparage others granted
by the legislature or retained by victims.
3. Supreme
law of the land
Section 3. The Constitution of the United
States is the supreme law of the land.
4. Due
process of law
Section 4. No person shall be deprived of
life, liberty, or property without due
process of law.
5. Right of
petition and of assembly
Section 5. The right of petition, and of the
people peaceably to assemble for
the common good, shall never be abridged.
6. Freedom
of speech and press
Section 6. Every person may freely speak,
write, and publish on all subjects,
being responsible for the abuse of that right.
7. Oaths
and affirmations
Section 7. The mode of administering an oath,
or affirmation, shall be such as
shall be most consistent with and binding upon
the conscience of the person to whom
such oath, or affirmation, may be
administered.
8. Right to
privacy
Section 8. No person shall be disturbed in his
private affairs, or his home
invaded, without authority of law..4
9.
Irrevocable grants of privileges, franchises or immunities
Section 9. No law granting irrevocably any
privilege, franchise, or immunity
shall be enacted.
10
Self-incrimination; double jeopardy
Section 10. No person shall be compelled in
any criminal case to give
evidence against himself, or be twice put in
jeopardy for the same offense.
11
Administration of justice
Section 11. Justice in all cases shall be
administered openly, and without
unnecessary delay.
12 Liberty
of conscience; appropriations for religious purposes
prohibited; religious freedom
Section 12. The liberty of conscience secured
by the provisions of this
constitution shall not be so construed as to
excuse acts of licentiousness, or justify
practices inconsistent with the peace and
safety of the state. No public money or
property shall be appropriated for or applied
to any religious worship, exercise, or
instruction, or to the support of any
religious establishment. No religious qualification
shall be required for any public office or
employment, nor shall any person be
incompetent as a witness or juror in
consequence of his opinion on matters of religion,
nor be questioned touching his religious
belief in any court of justice to affect the weight
of his testimony.
13 Equal
privileges and immunities
Section 13. No law shall be enacted granting
to any citizen, class of citizens, or
corporation other than municipal, privileges
or immunities which, upon the same terms,
shall not equally belong to all citizens or
corporations.
14 Habeas
corpus
Section 14. The privilege of the writ of
habeas corpus shall not be suspended
by the authorities of the state.
15
Excessive bail; cruel and unusual punishment
Section 15. Excessive bail shall not be
required, nor excessive fines imposed,
nor cruel and unusual punishment inflicted..5
16
Corruption of blood; forfeiture of estate
Section 16. No conviction shall work
corruption of blood, or forfeiture of
estate.
17 Eminent
domain; just compensation for private property taken; public
use as judicial question
Section 17. Private property shall not be
taken for private use, except for
private ways of necessity, and for drains,
flumes, or ditches, on or across the lands of
others for mining, agricultural, domestic, or
sanitary purposes. No private property shall
be taken or damaged for public or private use
without just compensation having first
been made, paid into court for the owner,
secured by bond as may be fixed by the
court, or paid into the state treasury for the
owner on such terms and conditions as the
legislature may provide, and no right of way
shall be appropriated to the use of any
corporation other than municipal, until full
compensation therefore be first made in
money, or ascertained and paid into court for
the owner, irrespective of any benefit
from any improvement proposed by such
corporation, which compensation shall be
ascertained by a jury, unless a jury be waived
as in other civil cases in courts of record,
in the manner prescribed by law. Whenever an
attempt is made to take private
property for a use alleged to be public, the
question whether the contemplated use be
really public shall be a judicial question,
and determined as such without regard to any
legislative assertion that the use is public.
18
Imprisonment for debt
Section 18. There shall be no imprisonment for
debt, except in cases of fraud.
19 Bribery
or illegal rebating; witnesses; self-incrimination no defense
Section 19. Any person having knowledge or
possession of facts that tend to
establish the guilt of any other person or
corporation charged with bribery or illegal
rebating, shall not be excused from giving
testimony or producing evidence, when legally
called upon to do so, on the ground that it
may tend to incriminate him under the laws of
the state; but no person shall be prosecuted
or subject to any penalty or forfeiture for,
or on account of, any transaction, matter, or
thing concerning which he may so testify or
produce evidence.
20 Military
power subordinate to civil power
Section 20. The military shall be in strict
subordination to the civil power..6
21 Free and
equal elections
Section 21. All elections shall be free and
equal, and no power, civil or military,
shall at any time interfere to prevent the
free exercise of the right of suffrage.
22 Bailable
offenses
Section 22. All persons charged with crime
shall be bailable by sufficient
sureties, except for:
1. Capital offenses when the proof is evident
or the presumption great.
2. Felony offenses, committed when the person
charged is already admitted to
bail on a separate felony charge and where the
proof is evident or the presumption great
as to the present charge.
3. Felony offenses if the person charged poses
a substantial danger to any
other person or the community, if no
conditions of release which may be imposed will
reasonably assure the safety of the other
person or the community and if the proof is
evident or the presumption great as to the
present charge.
23 Trial by
jury; number of jurors specified by law
Section 23. The right of trial by jury shall
remain inviolate. Juries in criminal
cases in which a sentence of death or
imprisonment for thirty years or more is
authorized by law shall consist of twelve
persons. In all criminal cases the unanimous
consent of the jurors shall be necessary to
render a verdict. In all other cases, the
number of jurors, not less than six, and the
number required to render a verdict, shall be
specified by law.
24 Rights
of accused in criminal prosecutions
Section 24. In criminal prosecutions, the
accused shall have the right to appear
and defend in person, and by counsel, to
demand the nature and cause of the accusation
against him, to have a copy thereof, to
testify in his own behalf, to meet the witnesses
against him face to face, to have compulsory
process to compel the attendance of
witnesses in his own behalf, to have a speedy
public trial by an impartial jury of the
county in which the offense is alleged to have
been committed, and the right to appeal in
all cases; and in no instance shall any
accused person before final judgment be
compelled to advance money or fees to secure
the rights herein guaranteed.
25 Bills of
attainder; ex post facto laws; impairment of contract
obligations
Section 25. No bill of attainder,
ex-post-facto law, or law impairing the
obligation of a contract, shall ever be
enacted.
26 Bearing
arms
Section 26. The right of the individual
citizen to bear arms in defense of himself
or the state shall not be impaired, but
nothing in this section shall be construed as.7
authorizing individuals or corporations to
organize, maintain, or employ an armed body
of men.
27 Standing
army; quartering soldiers
Section 27. No standing army shall be kept up
by this state in time of peace,
and no soldier shall in time of peace be
quartered in any house without the consent of its
owner, nor in time of war except in the manner
prescribed by law.
28 Treason
Section 28. Treason against the state shall
consist only in levying war against
the state, or adhering to its enemies, or in
giving them aid and comfort. No person shall
be convicted of treason unless on the
testimony of two witnesses to the same overt act,
or confession in open court.
29
Hereditary emoluments, privileges or powers; perpetuities or
entailments
Section 29. No hereditary emoluments,
privileges, or powers shall be granted
or conferred, and no law shall be enacted
permitting any perpetuity or entailment in this
state.
30
Indictment or information; preliminary examination
Section 30. No person shall be prosecuted
criminally in any court of record for
felony or misdemeanor, otherwise than by
information or indictment; no person shall be
prosecuted for felony by information without
having had a preliminary examination
before a magistrate or having waived such
preliminary examination.
31 Damages
for death or personal injuries
Section 31. No law shall be enacted in this
state limiting the amount of damages
to be recovered for causing the death or
injury of any person.
32
Constitutional provisions mandatory
Section 32. The provisions of this
Constitution are mandatory, unless by
express words they are declared to be
otherwise.
33
Reservation of rights
Section 33. The enumeration in this
Constitution of certain rights shall not be
construed to deny others retained by the
people..8
34
Industrial pursuits by state and municipal corporations
Section 34. The state of Arizona and each
municipal corporation within the
state of Arizona shall have the right to
engage in industrial pursuits.
Article 3 - DISTRIBUTION OF POWERS
ARTICLE III
DISTRIBUTION OF POWERS
The powers of the government of the state of
Arizona shall be divided into three
separate departments, the legislative, the
executive, and the judicial; and, except as
provided in this constitution, such
departments shall be separate and distinct, and no one
of such departments shall exercise the powers
properly belonging to either of the others.
Article 4 - LEGISLATIVE DEPARTMENT
1.
Legislative authority; initiative and referendum
Section 1. (1) Senate; house of
representatives; reservation of power to
people. The legislative authority of the state
shall be vested in the legislature, consisting
of a senate and a house of representatives,
but the people reserve the power to propose
laws and amendments to the constitution and to
enact or reject such laws and
amendments at the polls, independently of the
legislature; and they also reserve, for use
at their own option, the power to approve or
reject at the polls any act, or item, section,
or part of any act, of the legislature.
(2) Initiative power. The first of these
reserved powers is the initiative. Under
this power ten per centum of the qualified
electors shall have the right to propose any
measure, and fifteen per centum shall have the
right to propose any amendment to the
constitution.
(3) Referendum power; emergency measures;
effective date of acts. The
second of these reserved powers is the
referendum. Under this power the legislature, or
five per centum of the qualified electors, may
order the submission to the people at the
polls of any measure, or item, section, or
part of any measure, enacted by the
legislature, except laws immediately necessary
for the preservation of the public peace,
health, or safety, or for the support and
maintenance of the departments of the state
government and state institutions; but to
allow opportunity for referendum petitions, no
act passed by the legislature shall be
operative for ninety days after the close of the
session of the legislature enacting such
measure, except such as require earlier operation
to preserve the public peace, health, or
safety, or to provide appropriations for the
support and maintenance of the departments of
the state and of state institutions;
provided, that no such emergency measure shall
be considered passed by the legislature
unless it shall state in a separate section
why it is necessary that it shall become.9
immediately operative, and shall be approved
by the affirmative votes of two-thirds of
the members elected to each house of the
legislature, taken by roll call of ayes and nays,
and also approved by the governor; and should
such measure be vetoed by the
governor, it shall not become a law unless it
shall be approved by the votes of three-fourths
of the members elected to each house of the
legislature, taken by roll call of ayes
and nays.
(4) Initiative and referendum petitions;
filing. All petitions submitted under the
power of the initiative shall be known as
initiative petitions, and shall be filed with the
secretary of state not less than four months
preceding the date of the election at which
the measures so proposed are to be voted upon.
All petitions submitted under the
power of the referendum shall be known as
referendum petitions, and shall be filed with
the secretary of state not more than ninety
days after the final adjournment of the session
of the legislature which shall have passed the
measure to which the referendum is
applied. The filing of a referendum petition
against any item, section, or part of any
measure shall not prevent the remainder of
such measure from becoming operative.
(5) Effective date of initiative and
referendum measures. Any measure or
amendment to the constitution proposed under
the initiative, and any measure to which
the referendum is applied, shall be referred
to a vote of the qualified electors, and shall
become law when approved by a majority of the
votes cast thereon and upon
proclamation of the governor, and not
otherwise.
(6) (A) Veto of initiative or referendum. The
veto power of the governor shall
not extend to an initiative measure approved
by a majority of the votes cast thereon or
to a referendum measure decided by a majority
of the votes cast thereon.
(6) (B) Legislature's power to repeal
initiative or referendum. The legislature
shall not have the power to repeal an
initiative measure approved by a majority of the
votes cast thereon or to repeal a referendum
measure decided by a majority of the
votes cast thereon.
(6) (C) Legislature's power to amend
initiative or referendum. The legislature
shall not have the power to amend an
initiative measure approved by a majority of the
votes cast thereon, or to amend a referendum
measure decided by a majority of the
votes cast thereon, unless the amending
legislation furthers the purposes of such
measure and at least three-fourths of the
members of each house of the legislature, by a
roll call of ayes and nays, vote to amend such
measure.
(6) (D) Legislature's power to appropriate or
divert funds created by initiative
or referendum. The legislature shall not have
the power to appropriate or divert funds
created or allocated to a specific purpose by
an initiative measure approved by a
majority of the votes cast thereon, or by a
referendum measure decided by a majority of
the votes cast thereon, unless the
appropriation or diversion of funds furthers the
purposes of such measure and at least
three-fourths of the members of each house of
the legislature, by a roll call of ayes and
nays, vote to appropriate or divert such funds.
(7) Number of qualified electors. The whole
number of votes cast for all
candidates for governor at the general
election last preceding the filing of any initiative or.10
referendum petition on a state or county
measure shall be the basis on which the number
of qualified electors required to sign such
petition shall be computed.
(8) Local, city, town or county matters. The
powers of the initiative and the
referendum are hereby further reserved to the
qualified electors of every incorporated
city, town, and county as to all local, city,
town, or county matters on which such
incorporated cities, towns, and counties are
or shall be empowered by general laws to
legislate. Such incorporated cities, towns,
and counties may prescribe the manner of
exercising said powers within the restrictions
of general laws. Under the power of the
initiative fifteen per centum of the qualified
electors may propose measures on such
local, city, town, or county matters, and ten
per centum of the electors may propose the
referendum on legislation enacted within and
by such city, town, or county. Until
provided by general law, said cities and towns
may prescribe the basis on which said
percentages shall be computed.
(9) Form and contents of initiative and of
referendum petitions; verification.
Every initiative or referendum petition shall
be addressed to the secretary of state in the
case of petitions for or on state measures,
and to the clerk of the board of supervisors,
city clerk, or corresponding officer in the
case of petitions for or on county, city, or
town measures; and shall contain the
declaration of each petitioner, for himself, that he is
a qualified elector of the state (and in the
case of petitions for or on city, town, or
county measures, of the city, town, or county
affected), his post office address, the
street and number, if any, of his residence,
and the date on which he signed such
petition. Each sheet containing petitioners'
signatures shall be attached to a full and
correct copy of the title and text of the
measure so proposed to be initiated or referred
to the people, and every sheet of every such
petition containing signatures shall be
verified by the affidavit of the person who
circulated said sheet or petition, setting forth
that each of the names on said sheet was
signed in the presence of the affiant and that in
the belief of the affiant each signer was a
qualified elector of the state, or in the case of a
city, town, or county measure, of the city,
town, or county affected by the measure so
proposed to be initiated or referred to the
people.
(10) Official ballot. When any initiative or
referendum petition or any measure
referred to the people by the legislature
shall be filed, in accordance with this section,
with the secretary of state, he shall cause to
be printed on the official ballot at the next
regular general election the title and number
of said measure, together with the words
"yes" and "no" in such manner that the
electors may express at the polls their approval
or disapproval of the measure.
(11) Publication of measures. The text of all
measures to be submitted shall be
published as proposed amendments to the
constitution are published, and in submitting
such measures and proposed amendments the
secretary of state and all other officers
shall be guided by the general law until
legislation shall be especially provided therefor.
(12) Conflicting measures or constitutional
amendments. If two or more
conflicting measures or amendments to the
constitution shall be approved by the people
at the same election, the measure or amendment
receiving the greatest number of
affirmative votes shall prevail in all
particulars as to which there is conflict..11
(13) Canvass of votes; proclamation. It shall
be the duty of the secretary of
state, in the presence of the governor and the
chief justice of the supreme court, to
canvass the votes for and against each such
measure or proposed amendment to the
constitution within thirty days after the
election, and upon the completion of the canvass
the governor shall forthwith issue a
proclamation, giving the whole number of votes cast
for and against each measure or proposed
amendment, and declaring such measures or
amendments as are approved by a majority of
those voting thereon to be law.
(14) Reservation of legislative power. This
section shall not be construed to
deprive the legislature of the right to enact
any measure. Except that the legislature shall
not have the power to adopt any measure that
supersedes, in whole or in part, any
initiative measure approved by a majority of
the votes cast thereon or any referendum
measure decided by a majority of the votes
cast thereon unless the superseding measure
furthers the purposes of the initiative or
referendum measure and at least three-fourths of
the members of each house of the legislature,
by a roll call of ayes and nays, vote to
supersede such initiative or referendum
measure.
(15) Legislature's right to refer measure to
the people. Nothing in this section
shall be construed to deprive or limit the
legislature of the right to order the submission
to the people at the polls of any measure,
item, section, or part of any measure.
(16) Self-executing. This section of the
constitution shall be, in all respects, self-executing.
2. Penalty
for violation of initiative and referendum provisions
Section 2. The legislature shall provide a
penalty for any wilful violation of any
of the provisions of the preceding section.
1. Senate;
house of representatives; members;
special session upon
petition of members; congressional and
legislative boundaries; citizen commissions
Section 1. (1) The senate shall be composed of
one member elected from
each of the thirty legislative districts
established pursuant to this section.
The house of representatives shall be composed
of two members elected
from each of the thirty legislative districts
established pursuant to this section.
(2) Upon the presentation to the governor of a
petition bearing the
signatures of not less than two-thirds of the
members of each house, requesting a
special session of the legislature and
designating the date of convening, the
governor shall promptly call a special session
to assemble on the date specified.
At a special session so called the subjects
which may be considered by the
legislature shall not be limited.
(3) By February 28 of each year that ends in
one, an independent
redistricting commission shall be established
to provide for the redistricting of
congressional and state legislative districts.
The independent redistricting
commission shall consist of five members. No
more than two members of the.12
independent redistricting commission shall be
members of the same political party.
Of the first four members appointed, no more
than two shall reside in the same
county. Each member shall be a registered
Arizona voter who has been
continuously registered with the same
political party or registered as unaffiliated
with a political party for three or more years
immediately preceding appointment,
who is committed to applying the provisions of
this section in an honest,
independent and impartial fashion and to
upholding public confidence in the
integrity of the redistricting process. Within
the three years previous to
appointment, members shall not have been
appointed to, elected to, or a candidate
for any other public office, including
precinct committeeman or committeewoman
but not including school board member or
officer, and shall not have served as an
officer of a political party, or served as a
registered paid lobbyist or as an officer
of a candidate's campaign committee.
(4) The commission on appellate court
appointments shall nominate
candidates for appointment to the independent
redistricting commission, except
that, if a politically balanced commission
exists whose members are nominated by
the commission on appellate court appointments
and whose regular duties relate to
the elective process, the commission on
appellate court appointments may
delegate to such existing commission
(hereinafter called the commission on
appellate court appointments' designee) the
duty of nominating members for the
independent redistricting commission, and all
other duties assigned to the
commission on appellate court appointments in
this section.
(5) By January 8 of years ending in one, the
commission on appellate
court appointments or its designee shall
establish a pool of persons who are willing
to serve on and are qualified for appointment
to the independent redistricting
commission. The pool of candidates shall
consist of twenty-five nominees, with ten
nominees from each of the two largest
political parties in Arizona based on party
registration, and five who are not registered
with either of the two largest political
parties in Arizona.
(6) Appointments to the independent
redistricting commission shall be
made in the order set forth below. No later
than January 31 of years ending in one,
the highest ranking officer elected by the
Arizona house of representatives shall
make one appointment to the independent
redistricting commission from the pool
of nominees, followed by one appointment from
the pool made in turn by each of
the following: the minority party leader of
the Arizona house of representatives, the
highest ranking officer elected by the Arizona
senate, and the minority party leader
of the Arizona senate. Each such official
shall have a seven-day period in which to
make an appointment. Any official who fails to
make an appointment within the
specified time period will forfeit the
appointment privilege. In the event that there
are two or more minority parties within the
house or the senate, the leader of the
largest minority party by statewide party
registration shall make the appointment.
(7) Any vacancy in the above four independent
redistricting commission
positions remaining as of March 1 of a year
ending in one shall be filled from the.13
pool of nominees by the commission on
appellate court appointments or its
designee. The appointing body shall strive for
political balance and fairness.
(8) At a meeting called by the secretary of
state, the four independent
redistricting commission members shall select
by majority vote from the nomination
pool a fifth member who shall not be
registered with any party already represented
on the independent redistricting commission
and who shall serve as chair. If the
four commissioners fail to appoint a fifth
member within fifteen days, the
commission on appellate court appointments or
its designee, striving for political
balance and fairness, shall appoint a fifth
member from the nomination pool, who
shall serve as chair.
(9) The five commissioners shall then select
by majority vote one of their
members to serve as vice-chair.
(10) After having been served written notice
and provided with an
opportunity for a response, a member of the
independent redistricting commission
may be removed by the governor, with the
concurrence of two-thirds of the
senate, for substantial neglect of duty, gross
misconduct in office, or inability to
discharge the duties of office.
(11) If a commissioner or chair does not
complete the term of office for
any reason, the commission on appellate court
appointments or its designee shall
nominate a pool of three candidates within the
first thirty days after the vacancy
occurs. The nominees shall be of the same
political party or status as was the
member who vacated the office at the time of
his or her appointment, and the
appointment other than the chair shall be made
by the current holder of the office
designated to make the original appointment.
The appointment of a new chair shall
be made by the remaining commissioners. If the
appointment of a replacement
commissioner or chair is not made within
fourteen days following the presentation
of the nominees, the commission on appellate
court appointments or its designee
shall make the appointment, striving for
political balance and fairness. The newly
appointed commissioner shall serve out the
remainder of the original term.
(12) Three commissioners, including the chair
or vice-chair, constitute a
quorum. Three or more affirmative votes are
required for any official action.
Where a quorum is present, the independent
redistricting commission shall conduct
business in meetings open to the public, with
48 or more hours public notice
provided.
(13) A commissioner, during the commissioner's
term of office and for
three years thereafter, shall be ineligible
for Arizona public office or for registration
as a paid lobbyist.
(14) The independent redistricting commission
shall establish
congressional and legislative districts. The
commencement of the mapping process
for both the congressional and legislative
districts shall be the creation of districts
of equal population in a grid-like pattern
across the state. Adjustments to the grid
shall then be made as necessary to accommodate
the goals as set forth below:.14
A. Districts shall comply with the United
States Constitution and the
United States voting rights act;
B. Congressional districts shall have equal
population to the extent
practicable, and state legislative districts
shall have equal population to the extent
practicable;
C. Districts shall be geographically compact
and contiguous to the extent
practicable;
D. District boundaries shall respect
communities of interest to the extent
practicable;
E. To the extent practicable, district lines
shall use visible geographic
features, city, town and county boundaries,
and undivided census tracts;
F. To the extent practicable, competitive
districts should be favored
where to do so would create no significant
detriment to the other goals.
(15) Party registration and voting history
data shall be excluded from the
initial phase of the mapping process but may
be used to test maps for compliance
with the above goals. The places of residence
of incumbents or candidates shall
not be identified or considered.
(16) The independent redistricting commission
shall advertise a draft map
of congressional districts and a draft map of
legislative districts to the public for
comment, which comment shall be taken for at
least thirty days. Either or both
bodies of the legislature may act within this
period to make recommendations to
the independent redistricting commission by
memorial or by minority report, which
recommendations shall be considered by the
independent redistricting commission.
The independent redistricting commission shall
then establish final district
boundaries.
(17) The provisions regarding this section are
self-executing. The
independent redistricting commission shall
certify to the secretary of state the
establishment of congressional and legislative
districts.
(18) Upon approval of this amendment, the
department of administration
or its successor shall make adequate office
space available for the independent
redistricting commission. The treasurer of the
state shall make $6,000,000
available for the work of the independent
redistricting commission pursuant to the
year 2000 census. Unused monies shall be
returned to the state's general fund. In
years ending in eight or nine after the year
2001, the department of administration
or its successor shall submit to the
legislature a recommendation for an
appropriation for adequate redistricting
expenses and shall make available
adequate office space for the operation of the
independent redistricting
commission. The legislature shall make the
necessary appropriations by a majority
vote.
(19) The independent redistricting commission,
with fiscal oversight from
the department of administration or its
successor, shall have procurement and
contracting authority and may hire staff and
consultants for the purposes of this
section, including legal representation..15
(20) The independent redistricting commission
shall have standing in legal
actions regarding the redistricting plan and
the adequacy of resources provided for
the operation of the independent redistricting
commission. The independent
redistricting commission shall have sole
authority to determine whether the Arizona
attorney general or counsel hired or selected
by the independent redistricting
commission shall represent the people of
Arizona in the legal defense of a
redistricting plan.
(21) Members of the independent redistricting
commission are eligible for
reimbursement of expenses pursuant to law, and
a member's residence is deemed
to be the member's post of duty for purposes
of reimbursement of expenses.
(22) Employees of the department of
administration or its successor shall
not influence or attempt to influence the
district-mapping decisions of the
independent redistricting commission.
(23) Each commissioner's duties established by
this section expire upon
the appointment of the first member of the
next redistricting commission. The
independent redistricting commission shall not
meet or incur expenses after the
redistricting plan is completed, except if
litigation or any government approval of
the plan is pending, or to revise districts if
required by court decisions or if the
number of congressional or legislative
districts is changed.
2.
Qualifications of members of legislature
Section 2. No person shall be a member of the
Legislature unless he shall be a
citizen of the United States at the time of
his election, nor unless he shall be at least
twenty-five years of age, and shall have been
a resident of Arizona at least three years
and of the county from which he is elected at
least one year before his election.
3. Sessions
of legislature; special sessions; limitation of subjects for
consideration
Section 3. The sessions of the legislature
shall be held annually at the capitol of
the state, and shall commence on the second
Monday of January of each year. The
governor may call a special session, whenever
in his judgment it is advisable. In calling
a special session, the governor shall specify
the subjects to be considered, and at such
special session no laws shall be enacted
except such as relate to the subjects mentioned
in the call.
4.
Disqualification for membership in Legislature
Section 4. No person holding any public office
of profit or trust under the
authority of the United States, or of this
state, shall be a member of the legislature;
Provided, that appointments in the state
militia and the offices of notary public, justice of.16
the peace, United States commissioner, and
postmaster of the fourth class, shall not
work disqualification for membership within
the meaning of this section.
5.
Ineligibility of members of legislature to other public offices
Section 5. No member of the legislature,
during the term for which he shall
have been elected or appointed shall be
eligible to hold any other office or be otherwise
employed by the state of Arizona or, any
county or incorporated city or town
thereof. This prohibition shall not extend to
the office of school trustee, nor to
employment as a teacher or instructor in the
public school system.
6.
Privilege from arrest; civil process
Section 6. Members of the legislature shall be
privileged from arrest in all cases
except treason, felony, and breach of the
peace, and they shall not be subject to any
civil process during the session of the
legislature, nor for fifteen days next before the
commencement of each session.
7. Freedom
of debate
Section 7. No member of the legislature shall
be liable in any civil or criminal
prosecution for words spoken in debate.
8.
Organization; officers; rules of procedure
Section 8. Each house, when assembled, shall
choose its own officers, judge of
the election and qualification of its own
members, and determine its own rules of
procedure.
9. Quorum;
compelling attendance; adjournment
Section 9. The majority of the members of each
house shall constitute a
quorum to do business, but a smaller number
may meet, adjourn from day to day, and
compel the attendance of absent members, in
such manner and under such penalties as
each house may prescribe. Neither house shall
adjourn for more than three days, nor to
any place other than that in which it may be
sitting, without the consent of the other.
10 Journal
of proceedings; roll call
Section 10. Each house shall keep a journal of
its proceedings, and at the
request of two members the ayes and nays on
roll call on any question shall be entered..17
11
Disorderly behavior; expulsion of members
Section 11. Each house may punish its members
for disorderly behavior, and
may, with the concurrence of two-thirds of its
members, expel any member.
12
Procedure on bills; approval or disapproval by governor
Section 12. Every bill shall be read by
sections on three different days, unless in
case of emergency, two-thirds of either house
deem it expedient to dispense with this
rule. The vote on the final passage of any
bill or joint resolution shall be taken by ayes
and nays on roll call. Every measure when
finally passed shall be presented to the
governor for his approval or disapproval.
13 Subject
and title of bills
Section 13. 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.
14
Legislation by reference prohibited
Section 14. No Act or section thereof shall be
revised or amended by mere
reference to the title of such act, but the
act or section as amended shall be set forth and
published at full length.
15 Passage
of bills by majority; signing of bills
Section 15. A majority of all members elected
to each house shall be necessary
to pass any bill, and all bills so passed
shall be signed by the presiding officer of each
house in open session.
16 Right to
protest
Section 16. Any member of the legislature
shall have the right to protest and
have the reasons of his protest entered on the
journal.
17 Extra
compensation prohibited; increase or decrease of compensation
during term of office
Section 17. The legislature shall never grant
any extra compensation to any
public officer, agent, ser | 
