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, servant or contractor, after the services shall have been rendered

or the contract entered into, nor shall the compensation of any public officer, other than

a justice of the peace, be increased or diminished during his term of office; provided,

however, that when any legislative increase or decrease in compensation of the

members of any court or the clerk thereof, or of any board or commission composed of

two or more officers or persons whose respective terms of office are not coterminous,

has heretofore or shall hereafter become effective as to any member or clerk of such.18

court, or any member of such board or commission, it shall be effective from such date

as to each thereof.

18 Suits against state

Section 18. The legislature shall direct by law in what manner and in what

courts suits may be brought against the state.

19 Local or special laws

Section 19. No local or special laws shall be enacted in any of the following

cases, that is to say:

1. Granting divorces.

2. Locating or changing county seats.

3. Changing rules of evidence.

4. Changing the law of descent or succession.

5. Regulating the practice of courts of justice.

6. Limitation of civil actions or giving effect to informal or invalid deeds.

7. Punishment of crimes and misdemeanors.

8. Laying out, opening, altering, or vacating roads, plats, streets, alleys, and

public squares.

9. Assessment and collection of taxes.

10. Regulating the rate of interest on money.

11. The conduct of elections.

12. Affecting the estates of deceased persons or of minors.

13. Granting to any corporation, association, or individual, any special or

exclusive privileges, immunities, or franchises.

14. Remitting fines, penalties, and forfeitures.

15. Changing names of persons or places.

16. Regulating the jurisdiction and duties of justices of the peace.

17. Incorporation of cities, towns, or villages, or amending their charters.

18. Relinquishing any indebtedness, liability, or obligation to this State.

19. Summoning and empanelling of juries.

20. When a general law can be made applicable.

20 Appropriation bills

Section 20. The general appropriation bill shall embrace nothing but

appropriations for the different departments of the state, for state institutions, for public

schools, and for interest on the public debt. All other appropriations shall be made by

separate bills, each embracing but one subject.

21 Term limits of members of state legislature.

Section 21. The members of the first legislature shall hold office until the first

Monday in January, 1913. The terms of office of the members of succeeding.19

legislatures shall be two years. No state senator shall serve more than four consecutive

terms in that office, nor shall any state representative serve more than four consecutive

terms in that office. This limitation on the number of terms of consecutive service shall

apply to terms of office beginning on or after January 1, 1993. No legislator, after

serving the maximum number of terms, which shall include any part of a term served,

may serve in the same office until he has been out of office for no less than one full term.

22 Juvenile justice; certain chronic and violent juvenile offenders

prosecuted as adults; community alternatives for certain juvenile

offenders; public proceedings and records

Section 22. In order to preserve and protect the right of the people to justice

and public safety, and to ensure fairness and accountability when juveniles engage in

unlawful conduct, the legislature, or the people by initiative or referendum, shall have the

authority to enact substantive and procedural laws regarding all proceedings and matters

affecting such juveniles. The following rights, duties, and powers shall govern such

proceedings and matters:

1. Juveniles 15 years of age or older accused of murder, forcible sexual assault,

armed robbery or other violent felony offenses as defined by statute shall be prosecuted

as adults. Juveniles 15 years of age or older who are chronic felony offenders as

defined by statute shall be prosecuted as adults. Upon conviction all such juveniles shall

be subject to the same laws as adults, except as specifically provided by statute and by

article 22, section 16 of this constitution. All other juveniles accused of unlawful

conduct shall be prosecuted as provided by law. Every juvenile convicted of or found

responsible for unlawful conduct shall make prompt restitution to any victims of such

conduct for their injury or loss.

2. County attorneys shall have the authority to defer the prosecution of

juveniles who are not accused of violent offenses and who are not chronic felony

offenders as defined by statute and to establish community-based alternatives for

resolving matters involving such juveniles.

3. All proceedings and matters involving juveniles accused of unlawful conduct

shall be open to the public and all records of those proceedings shall be public

records. Exceptions shall be made only for the protection of the privacy of innocent

victims of crime, or when a court of competent jurisdiction finds a clear public interest in

confidentiality.

23 Passes and purchase of transportation by public officers;inapplication

to national guard

Section 23. It shall not be lawful for any person holding public office in this

state to accept or use a pass or to purchase transportation from any railroad or other

corporation, other than as such transportation may be purchased by the general public;

Provided, that this shall not apply to members of the national guard of Arizona traveling

under orders. The legislature shall enact laws to enforce this provision..20

24 Enacting clause of bills; initiative bills

Section 24. The enacting clause of every bill enacted by the legislature shall be

as follows: "Be it enacted by the Legislature of the State of Arizona," or when the

initiative is used: "Be it enacted by the People of the State of Arizona."

25 Continuity of governmental operations in emergency

Section 25. The legislature, in order to insure continuity of state and local

governmental operations in periods of emergency resulting from disasters caused by

enemy attack, shall have the power and the immediate duty to:

1. Provide for prompt and temporary succession to the powers and duties of

public offices, of whatever nature and whether filled by election or appointment, the

incumbents of which may become unavailable for carrying on the powers and duties of

such offices.

2. Adopt such other measures as may be necessary and proper for insuring the

continuity of governmental operations.

In the exercise of the powers hereby conferred, the legislature shall in all

respects conform to the requirements of this constitution except to the extent that in the

judgment of the legislature so to do would be impracticable or would admit of undue

delay.

Article 5 - EXECUTIVE DEPARTMENT

1. Executive department; state officers; terms; election; residence and

office at seat of government; duties

(Version amended by 1992 Proposition 100)

Section 1. A. The executive department shall consist of the governor,

secretary of state, state treasurer, attorney general, and superintendent of public

instruction, each of whom shall hold office for four years beginning on the first Monday

of January, 1971 next after the regular general election in 1970.

B. The person having the highest number of the votes cast for the office voted

for shall be elected, but if two or more persons have an equal and the highest number of

votes for the office, the two houses of the legislature at its next regular session shall elect

forthwith, by joint ballot, one of such persons for said office.

C. The officers of the executive department during their terms of office shall

reside at the seat of government where they shall keep their offices and the public

records, books, and papers. They shall perform such duties as are prescribed by the

constitution and as may be provided by law..21

1. Term limits on executive department and state officers; term lengths;

election; residence and office at seat of government; duties.

(Version amended by 1992 Proposition 107)

Section 1. A. The executive department shall consist of the governor,

secretary of state, state treasurer, attorney general, and superintendent of public

instruction, each of whom shall hold office for a term of four years beginning on the first

Monday of January, 1971 next after the regular general election in 1970. No member

of the executive department shall hold that office for more than two consecutive

terms. This limitation on the number of terms of consecutive service shall apply to terms

of office beginning on or after January 1, 1993. No member of the executive

department after serving the maximum number of terms, which shall include any part of

a term served, may serve in the same office until out of office for no less than one full

term.

B. The person having a majority of the votes cast for the office voted for shall

be elected. If no person receives a majority of the votes cast for the office, a second

election shall be held as prescribed by law between the persons receiving the highest

and second highest number of votes cast for the office. The person receiving the highest

number of votes at the second election for the office is elected, but if the two persons

have an equal number of votes for the office, the two houses of the legislature at its next

regular session shall elect forthwith, by joint ballot, one of such persons for said office.

C. The officers of the executive department during their terms of office shall

reside at the seat of government where they shall keep their offices and the public

records, books, and papers. They shall perform such duties as are prescribed by the

constitution and as may be provided by law.

2. Eligibility to state offices

Section 2. No person shall be eligible to any of the offices mentioned in section

1 of this article except a person of the age of not less than twenty-five years, who shall

have been for ten years next preceding his election a citizen of the United States, and for

five years next preceding his election a citizen of Arizona.

3. Governor, commander-in-chief of the military forces

Section 3. The governor shall be commander-in-chief of the military forces of

the state, except when such forces shall be called into the service of the United States..22

4. Governor; powers and duties; special sessions of legislature; message

and recommendations

Section 4. The governor shall transact all executive business with the officers of

the government, civil and military, and may require information in writing from the

officers in the executive department upon any subject relating to the duties of their

respective offices. He shall take care that the laws be faithfully executed. He may

convene the legislature in extraordinary session. He shall communicate, by message, to

the legislature at every session the condition of the state, and recommend such matters

as he shall deem expedient.

5. Reprieves, commutations and pardons

Section 5. The governor shall have power to grant reprieves, commutation, and

pardons, after convictions, for all offenses except treason and cases of impeachment,

upon such conditions and with such restrictions and limitations as may be provided by

law.

6. Death, resignation, removal or disability of governor; succession to

office; impeachment, absence from state or temporary disability

Section 6. In the event of the death of the governor, or his resignation, removal

from office, or permanent disability to discharge the duties of the office, the secretary of

state, if holding by election, shall succeed to the office of governor until his successor

shall be elected and shall qualify. If the secretary of state be holding otherwise than by

election, or shall fail to qualify as governor, the attorney general, the state treasurer, or

the superintendent of public instruction, if holding by election, shall, in the order named,

succeed to the office of governor. The taking of the oath of office as governor by any

person specified in this section shall constitute resignation from the office by virtue of the

holding of which he qualifies as governor. Any successor to the office shall become

governor in fact and entitled to all of the emoluments, powers and duties of governor

upon taking the oath of office.

In the event of the impeachment of the governor, his absence from the state, or

other temporary disability to discharge the duties of the office, the powers and duties of

the office of governor shall devolve upon the same person as in case of vacancy, but

only until the disability ceases..23

7. Presentation of bills to governor; approval; veto; filing with secretary of

state; veto of items in appropriation bills; inapplication of veto

power to referred bills

Section 7. Every bill passed by the legislature, before it becomes a law, shall be

presented to the governor. If he approve, he shall sign it, and it shall become a law as

provided in this constitution. But if he disapprove, he shall return it, with his objections,

to the house in which it originated, which shall enter the objections at large on the

journal. If after reconsideration it again passes both houses by an aye and nay vote on

roll call of two-thirds of the members elected to each house, it shall become a law as

provided in this constitution, notwithstanding the governor's objections. This section

shall not apply to emergency measures as referred to in section 1 of the article on the

legislative department.

If any bill be not returned within five days after it shall have been presented to

the governor (Sunday excepted) such bill shall become a law in like manner as if he had

signed it, unless the legislature by its final adjournment prevents its return, in which case

it shall be filed with his objections in the office of the secretary of state within ten days

after such adjournment (Sundays excepted) or become a law as provided in this

constitution. After the final action by the governor, or following the adoption of a bill

notwithstanding his objection, it shall be filed with the secretary of state.

If any bill presented to the governor contains several items of appropriations of

money, he may object to one or more of such items, while approving other portions of

the bill. In such case he shall append to the bill at the time of signing it, a statement of

the item or items which he declines to approve, together with his reasons therefor, and

such item or items shall not take effect unless passed over the governor's objections as

in this section provided.

The veto power of the governor shall not extend to any bill passed by the

legislature and referred to the people for adoption or rejection.

8. Vacancies in office

Section 8. When any office shall, from any cause, become vacant, and no

mode shall be provided by the Constitution or by law for filling such vacancy, the

governor shall have the power to fill such vacancy by appointment.

9. Powers and duties of state officers

Section 9. The powers and duties of secretary of state, state treasurer,

attorney-general, and superintendent of public instruction shall be as prescribed by law..24

10 Canvass of election returns for state officers; certificates of election

Section 10. The returns of the election for all state officers shall be canvassed,

and certificates of election issued by the secretary of state, in such manner as may be

provided by law.

11 Commissions

Section 11. All commissions shall issue in the name of the state, and shall be

signed by the governor, sealed with the seal of the state, and attested by the secretary of

state.

12 Compensation of elective state officers; commission on salaries for

elective state officers

Section 12. The salaries of those holding elective state offices shall be as

established by law from time to time, subject to the limitations of article 6, section 33

and to the limitations of article 4, part 2, section 17. Such salaries as are presently

established may be altered from time to time by the procedure established in this

section or as otherwise provided by law, except that legislative salaries may be altered

only by the procedures established in this section.

A commission to be known as the commission on salaries for elective state

officers is authorized to be established by the legislature. The commission shall be

composed of five members appointed from private life, two of whom shall be appointed

by the governor and one each by the president of the senate, the speaker of the house

of representatives, and the chief justice. At such times as may be directed by the

legislature, the commission shall report to the governor with recommendations

concerning the rates of pay of elected state officers. The governor shall upon the

receipt of such report make recommendations to the legislature with respect to the exact

rates of pay which he deems advisable for those offices and positions other than for the

rates of pay of members of the legislature. Such recommendations shall become

effective at a time established by the legislature after the transmission of the

recommendation of the governor without aid of further legislative action unless, within

such period of time, there has been enacted into law a statute which establishes rates of

pay other than those proposed by the governor, or unless either house of the legislature

specifically disapproves all or part of the governor's recommendation. The

recommendations of the governor, unless disapproved or altered within the time

provided by law, shall be effective; and any 1971 recommendations shall be effective as

to all offices on the first Monday in January of 1973. In case of either a legislative

enactment or disapproval by either house, the recommendations shall be effective only

insofar as not altered or disapproved. The recommendations of the commission as to

legislative salaries shall be certified by it to the secretary of state and the secretary of

state shall submit to the qualified electors at the next regular general election the

question, "Shall the recommendations of the commission on salaries for elective state

officers concerning legislative salaries be accepted? [ ] Yes [ ] No." Such

recommendations if approved by the electors shall become effective at the beginning of.25

the next regular legislative session without any other authorizing legislation. All

recommendations which become effective under this section shall supersede all laws

enacted prior to their effective date relating to such salaries.

Article 6 - JUDICIAL DEPARTMENT

1. Judicial power; courts

Section 1. The judicial power shall be vested in an integrated judicial

department consisting of a supreme court, such intermediate appellate courts as may be

provided by law, a superior court, such courts inferior to the superior court as may be

provided by law, and justice courts.

2. Supreme court; composition; divisions; decisions, transaction of

business

Section 2. The supreme court shall consist of not less than five justices. The

number of justices may be increased or decreased by law, but the court shall at all times

be constituted of at least five justices.

The supreme court shall sit in accordance with rules adopted by it, either in

banc or in divisions of not less than three justices, but the court shall not declare any law

unconstitutional except when sitting in banc. The decisions of the court shall be in

writing and the grounds stated.

The court shall be open at all times, except on nonjudicial days, for the

transaction of business.

3. Supreme court; administrative supervision; chief justice

Section 3. The supreme court shall have administrative supervision over all the

courts of the state. The chief justice shall be elected by the justices of the supreme

court from one of their number for a term of five years, and may be reelected for like

terms. The vice chief justice shall be elected by the justices of the supreme court from

one of their number for a term determined by the court. A member of the court may

resign the office of chief justice or vice chief justice without resigning from the court.

The chief justice, or in his absence or incapacity, the vice chief justice, shall

exercise the court's administrative supervision over all the courts of the state. He may

assign judges of intermediate appellate courts, superior courts, or courts inferior to the

superior court to serve in other courts or counties..26

4. Supreme court; term of office

Section 4. Justices of the supreme court shall hold office for a regular term of

six years except as provided by this article.

5. Supreme court; jurisdiction; writs; rules; habeas corpus

Section 5. The supreme court shall have:

1. Original jurisdiction of habeas corpus, and quo warranto, mandamus,

injunction and other extraordinary writs to state officers.

2. Original and exclusive jurisdiction to hear and determine causes between

counties concerning disputed boundaries and surveys thereof or concerning claims of

one county against another.

3. Appellate jurisdiction in all actions and proceedings except civil and criminal

actions originating in courts not of record, unless the action involves the validity of a tax,

impost, assessment, toll, statute or municipal ordinance.

4. Power to issue injunctions and writs of mandamus, review, prohibition,

habeas corpus, certiorari, and all other writs necessary and proper to the complete

exercise of its appellate and revisory jurisdiction.

5. Power to make rules relative to all procedural matters in any court.

6. Such other jurisdiction as may be provided by law.

Each justice of the supreme court may issue writs of habeas corpus to any part

of the state upon petition by or on behalf of a person held in actual custody, and may

make such writs returnable before himself, the supreme court, appellate court or

superior court, or judge thereof.

6. Supreme court; qualifications of justices

Section 6. A justice of the supreme court shall be a person of good moral

character and admitted to the practice of law in and a resident of the state of Arizona

for ten years next preceding his taking office.

7. Supreme court; clerk and assistants; administrative director and staff

Section 7. The supreme court shall appoint a clerk of the court and assistants

thereto who shall serve at its pleasure, and who shall receive such compensation as may

be provided by law.

The supreme court shall appoint an administrative director and staff to serve at

its pleasure to assist the chief justice in discharging his administrative duties. The

director and staff shall receive such compensation as may be provided by law..27

8. Supreme court; publication of opinions

Section 8. Provision shall be made by law for the speedy publication of the

opinions of the supreme court, and they shall be free for publication by any person.

9. Intermediate appellate courts

Section 9. The jurisdiction, powers, duties and composition of any intermediate

appellate court shall be as provided by law.

10 Superior court; number of judges

Section 10. There shall be in each county at least one judge of the superior

court. There shall be in each county such additional judges as may be provided by law,

but not exceeding one judge for each thirty thousand inhabitants or majority fraction

thereof. The number of inhabitants in a county for purposes of this section may be

determined by census enumeration or by such other method as may be provided by

law.

11 Superior court; presiding judges; duties

Section 11. There shall be in each county a presiding judge of the superior

court. In each county in which there are two or more judges, the supreme court shall

appoint one of such judges presiding judge. Presiding judges shall exercise

administrative supervision over the superior court and judges thereof in their counties,

and shall have such other duties as may be provided by law or by rules of the supreme

court.

12 Superior court; term of office

Section 12. A. Judges of the superior court in counties having a population of

less than two hundred fifty thousand persons according to the most recent United States

census shall be elected by the qualified electors of their counties at the general

election. They shall hold office for a regular term of four years except as provided by

this section from and after the first Monday in January next succeeding their election,

and until their successors are elected and qualify. The names of all candidates for judge

of the superior court in such counties shall be placed on the regular ballot without

partisan or other designation except the division and title of the office.

B. The governor shall fill any vacancy in such counties by appointing a person

to serve until the election and qualification of a successor. At the next succeeding

general election following the appointment of a person to fill a vacancy, a judge shall be

elected to serve for the remainder of the unexpired term.

Judges of the superior court in counties having a population of two hundred fifty

thousand persons or more according to the most recent United States census shall hold

office for a regular term of four years except as provided by this article..28

13 Superior court; composition; salaries; judgments and proceedings;

process

Section 13. The superior courts provided for in this article shall constitute a

single court, composed of all the duly elected or appointed judges in each of the

counties of the state. The legislature may classify counties for the purpose of fixing

salaries of judges or officers of the court.

The judgments, decrees, orders and proceedings of any session of the superior

court held by one or more judges shall have the same force and effect as if all the judges

of the court had presided.

The process of the court shall extend to all parts of the state.

14 Superior court; original jurisdiction

Section 14. The superior court shall have original jurisdiction of:

1. Cases and proceedings in which exclusive jurisdiction is not vested by law in

another court.

2. Cases of equity and at law which involve the title to or possession of real

property, or the legality of any tax, impost, assessment, toll or municipal ordinance.

3. Other cases in which the demand or value of property in controversy

amounts to one thousand dollars or more, exclusive of interest and costs.

4. Criminal cases amounting to felony, and cases of misdemeanor not otherwise

provided for by law.

5. Actions of forcible entry and detainer.

6. Proceedings in insolvency.

7. Actions to prevent or abate nuisance.

8. Matters of probate.

9. Divorce and for annulment of marriage.

10. Naturalization and the issuance of papers therefor.

11. Special cases and proceedings not otherwise provided for, and such other

jurisdiction as may be provided by law.

15. Superior court; proceedings

15 Jurisdiction and authority in juvenile proceedings

Section 15. The jurisdiction and authority of the courts of this state in all

proceedings and matters affecting juveniles shall be as provided by the legislature or the

people by initiative or referendum..29

16 Superior court; appellate jurisdiction

Section 16. The superior court shall have appellate jurisdiction in cases arising

in justice and other courts inferior to the superior court as may be provided by law.

17 Superior court; conduct of business; trial juries; jury trial; grand juries

Section 17. The superior court shall be open at all times, except on nonjudicial

days, for the determination of non-jury civil cases and the transaction of business. For

the determination of civil causes and matters in which a jury demand has been entered,

and for the trial of criminal causes, a trial jury shall be drawn and summoned from the

body of the county, as provided by law. The right of jury trial as provided by this

constitution shall remain inviolate, but trial by jury may be waived by the parties in any

civil cause or by the parties with the consent of the court in any criminal cause. Grand

juries shall be drawn and summoned only by order of the superior court.

18 Superior court; writs

Section 18. The superior court or any judge thereof may issue writs of

mandamus, quo warranto, review, certiorari, prohibition, and writs of habeas corpus on

petition by or on behalf of a person held in actual custody within the

county. Injunctions, attachments, and writs of prohibition and habeas corpus may be

issued and served on legal holidays and non-judicial days.

19 Superior court; service of judge in another county

Section 19. A judge of the superior court shall serve in another county at the

direction of the chief justice of the supreme court or may serve in another county at the

request of the presiding judge of the superior court thereof.

20 Retirement and service of retired justices and judges

Section 20. The legislature shall prescribe by law a plan of retirement for

justices and judges of courts of record, including the basis and amount of retirement

pay, and requiring except as provided in section 35 of this article, that justices and

judges of courts of record be retired upon reaching the age of seventy. Any retired

justice or judge of any court of record who is drawing retirement pay may serve as a

justice or judge of any court. When serving outside his county of residence, any such

retired justice or judge shall receive his necessary traveling and subsistence

expenses. A retired judge who is temporarily called back to the active duties of a judge

is entitle to received the same compensation and expenses as other like active judges

less any amount received for such period in retirement benefits.

21 Superior court; speedy decisions

Section 21. Every matter submitted to a judge of the superior court for his

decision shall be decided within sixty days from the date of submission thereof. The.30

supreme court shall by rule provide for the speedy disposition of all matters not decided

within such period.

22 Superior and other courts; qualifications of judges

Section 22. Judges of the superior court, intermediate appellate courts or

courts inferior to the superior court having jurisdiction in civil cases of one thousand

dollars or more, exclusive of interest and costs, established by law under the provisions

of section 1 of this article, shall be at least thirty years of age, of good moral character

and admitted to the practice of law in and a resident of the state for five years next

preceding their taking office.

23 Superior court; clerk

Section 23. There shall be in each county a clerk of the superior court. The

clerk shall be elected by the qualified electors of his county at the general election and

shall hold office for a term of four years from and after the first Monday in January next

succeeding his election. The clerk shall have such powers and perform such duties as

may be provided by law or by rule of the supreme court or superior court. He shall

receive such compensation as may be provided by law.

24 Superior court; court commissioners, masters and referees

Section 24. Judges of the superior court may appoint court commissioners,

masters and referees in their respective counties, who shall have such powers and

perform such duties as may be provided by law or by rule of the supreme court. Court

commissioners, masters and referees shall receive such compensation as may be

provided by law.

25 Style of process; conduct of prosecutions in name of state

Section 25. The style of process shall be "The State of Arizona", and

prosecutions shall be conducted in the name of the state and by its authority.

26 Oath of office

Section 26. Each justice, judge and justice of the peace shall, before entering

upon the duties of his office, take and subscribe an oath that he will support the

Constitution of the United States and the Constitution of the State of Arizona, and that

he will faithfully and impartially discharge the duties of his office to the best of his ability.

The oath of all judges of courts inferior to the superior court and the oath of

justices of the peace shall be filed in the office of the county recorder, and the oath of all

other justices and judges shall be filed in the office of the secretary of state..31

27 Charge to juries; reversal of causes for technical error

Section 27. Judges shall not charge juries with respect to matters of fact, nor

comment thereon, but shall declare the law. No cause shall be reversed for technical

error in pleadings or proceedings when upon the whole case it shall appear that

substantial justice has been done.

28 Justices and judges; dual office holding; political activity; practice of

law

Section 28. Justices and judges of courts of record shall not be eligible for any

other public office or for any other public employment during their term of office, except

that they may assume another judicial office, and upon qualifying therefor, the office

formerly held shall become vacant. No justice or judge of any court of record shall

practice law during his continuance in office, nor shall he hold any office in a political

party or actively take part in any political campaign other than his own for his reelection

or retention in office. Any justice or judge who files nomination papers for an elective

office, other than for judge of the superior court or a court of record inferior to the

superior court in a county having a population of less than two hundred fifty thousand

persons according to the most recent United States census, forfeits his judicial office.

30 Courts of record

Section 30. A. The supreme court, the court of appeals and the superior court

shall be courts of record. Other courts of record may be established by law, but justice

courts shall not be courts of record.

B. All justices and judges of courts of record, except for judges of the superior

court and other courts of record inferior to the superior court in counties having a

population of less than two hundred fifty thousand persons according to the most recent

United States census, shall be appointed in the manner provided in section 37 of this

article.

31 Judges pro tempore

Section 31. The legislature may provide for the appointment of members of the

bar having the qualifications provided in section 22 of this article as judges pro tempore

of courts inferior to the supreme court. When serving, any such person shall have all the

judicial powers of a regular elected judge of the court to which he is appointed. A

person so appointed shall receive such compensation as may be provided by law. The

population limitation of section 10 of this article shall not apply to the appointment of

judges pro tempore of the superior court..32

32 Justices of the peace and inferior courts; jurisdiction, powers and

duties; terms of office; salaries

Section 32. A. The number of justices of the peace to be elected in precincts

shall be as provided by law. Justices of the peace may be police justices of

incorporated cities and towns.

B. The jurisdiction, powers and duties of courts inferior to the superior court

and of justice courts, and the terms of office of judges of such courts and justices of the

peace shall be as provided by law. The legislature may classify counties and precincts

for the purpose of fixing salaries of judges of courts inferior to the superior court and of

justices of the peace.

C. The civil jurisdiction of courts inferior to the superior court and of justice

courts shall not exceed the sum of ten thousand dollars, exclusive of interest and

costs. Criminal jurisdiction shall be limited to misdemeanors. The jurisdiction of such

courts shall not encroach upon the jurisdiction of courts of record but may be made

concurrent therewith, subject to the limitations provided in this section.

33 Change by legislature in number of justices or judges; reduction of

salary during term of office

Section 33. No change made by the legislature in the number of justices or

judges shall work the removal of any justice or judge from office. The salary of any

justice or judge shall not be reduced during the term of office for which he was elected

or appointed.

34 Absence of judicial officer from state

Section 34. Any judicial officer except a retired justice or judge who absents

himself from the state for more than sixty consecutive days shall be deemed to have

forfeited his office, but the governor may extend the leave of absence for such time as

reasonable necessity therefor exists.

35 Continuance in office; continued existence of offices; application of

prior statute and rules

Section 35. A. All justices, judges, justices of the peace and officers of any

court who are holding office as such by election or appointment at the time of the

adoption of this section shall serve or continue in office for the respective terms for

which they are so elected or for their respective unexpired terms, and until their

successors are elected or appointed and qualify or they are retained in office pursuant to

section 38 of this article; provided, however, that any justice or judge elected at the

general election at which this section is adopted shall serve for the term for which he is

so elected. The continued existence of any office heretofore legally established or held

shall not be abolished or repealed by the adoption of this article. The statutes and rules.33

relating to the authority, jurisdiction, practice and procedure of courts, judicial officers

and offices in force at the time of the adoption of this article and not inconsistent

herewith, shall, so far as applicable, apply to and govern such courts, judicial officers

and offices until amended or repealed.

B. All judges of the superior court holding office by appointment or retention in

counties with a population of two hundred fifty thousand persons or more according to

the most recent United States census at the time of the adoption of this amendment to

this section shall serve or continue in office for the respective terms for which they were

appointed. Upon an incumbent vacating the office of judge of the superior court,

whether by failing to file a declaration for retention, by rejection by the qualified electors

of the county or resignation, the appointment shall be pursuant to section 37 of this

article.

36 Commission on appellate court appointments and terms, appointments

and vacancies on commission

Section 36. A. There shall be a nonpartisan commission on appellate court

appointments which shall be composed of the chief justice of the supreme court, who

shall be chairman, five attorney members, who shall be nominated by the board of

governors of the state bar of Arizona and appointed by the governor with the advice

and consent of the senate in the manner prescribed by law, and ten nonattorney

members who shall be appointed by the governor with the advice and consent of the

senate in the manner prescribed by law. At least ninety days prior to a term expiring or

within twenty-one days of a vacancy occurring for a nonattorney member on the

commission for appellate court appointments, the governor shall appoint a nominating

committee of nine members, not more than five of whom may be from the same political

party. The makeup of the committee shall, to the extent feasible, reflect the diversity of

the population of the state. Members shall not be attorneys and shall not hold any

governmental office, elective or appointive, for profit. The committee shall provide

public notice that a vacancy exists and shall solicit, review and forward to the governor

all applications along with the committee's recommendations for appointment.

Attorney members of the commission shall have resided in the state and shall

have been admitted to practice before the supreme court for not less than five

years. Not more than three attorney members shall be members of the same political

party and not more than two attorney members shall be residents of any one

county. Nonattorney members shall have resided in the state for not less than five years

and shall not be judges, retired judges or admitted to practice before the supreme

court. Not more than five nonattorney members shall be members of the same political

party. Not more than two nonattorney members shall be residents of any one

county. None of the attorney or nonattorney members of the commission shall hold any

governmental office, elective or appointive, for profit, and no attorney member shall be

eligible for appointment to any judicial office of the state until one year after he ceases to

be a member. Attorney members of the commission shall serve staggered four-year.34

terms and nonattorney members shall serve staggered four-year terms. Vacancies shall

be filled for the unexpired terms in the same manner as the original appointments.

B. No person other than the chief justice shall serve at the same time as a

member of more than one judicial appointment commission.

C. In making or confirming appointments to the appellate court commission, the

governor, the senate and the state bar shall endeavor to see that the commission reflects

the diversity of Arizona's population.

In the event of the absence or incapacity of the chairman the supreme court shall

appoint a justice thereof to serve in his place and stead.

D. Prior to making recommendations to the governor as hereinafter provided,

the commission shall conduct investigations, hold public hearings and take public

testimony. An executive session as prescribed by rule may be held upon a two-thirds

vote of the members of the commission in a public hearing. Final decisions as to

recommendations shall be made without regard to political affiliation in an impartial and

objective manner. The commission shall consider the diversity of the state's population,

however the primary consideration shall be merit. Voting shall be in a public

hearing. The expenses of meetings of the commission and the attendance of members

thereof for travel and subsistence shall be paid from the general fund of the state as state

officers are paid, upon claims approved by the chairman.

E. After public hearings the supreme court shall adopt rules of procedure for

the commission on appellate court appointments.

F. Notwithstanding the provisions of subsection A, the initial appointments for

the five additional nonattorney members and the two additional attorney members of the

commission shall be designated by the governor for staggered terms as follows:

1. One appointment for a nonattorney member shall be for a one-year term.

2. Two appointments for nonattorney members shall be for a two-year term.

3. Two appointments for nonattorney members shall be for a three-year term.

4. One appointment for an attorney member shall be for a one-year term.

5. One appointments for an attorney member shall be for a two-year term.

G. The members currently serving on the commission may continue to serve

until the expiration of their normal terms. All subsequent appointments shall be made as

prescribed by this section..35

37 Judicial vacancies and appointments; initial terms; residence; age

Section 37. A. Within sixty days from the occurrence of a vacancy in the office

of a justice or judge of any court of record, except for vacancies occurring in the office

of a judge of the superior court or a judge of a court of record inferior to the superior

court, the commission on appellate court appointments, if the vacancy is in the supreme

court or an intermediate appellate court of record, shall submit to the governor the

names of not less than three persons nominated by it to fill such vacancy, no more than

two of whom shall be members of the same political party unless there are more than

four such nominees, in which event not more than sixty percentum of such nominees

shall be members of the same political party.

B. Within sixty days from the occurrence of a vacancy in the office of a judge

of the superior court or a judge of a court of record inferior to the superior court except

for vacancies occurring in the office of a judge of the superior court or a judge of a

court of record inferior to the superior court in a county having a population of less than

two hundred fifty thousand persons according to the most recent United States census,

the commission on trial court appointments for the county in which the vacancy occurs

shall submit to the governor the names of not less than three persons nominated by it to

fill such vacancy, no more than two of whom shall be members of the same political

party unless there are more than four such nominees, in which event no more than sixty

per centum of such nominees shall be members of the same political party. A nominee

shall be under sixty-five years of age at the time his name is submitted to the

governor. Judges of the superior court shall be subject to retention or rejection by a

vote of the qualified electors of the county from which they were appointed at the

general election in the manner provided by section 38 of this article.

C. A vacancy in the office of a justice or a judge of such courts of record shall

be filled by appointment by the governor without regard to political affiliation from one

of the nominees whose names shall be submitted to him as hereinabove provided. In

making the appointment, the governor shall consider the diversity of the state's

population for an appellate court appointment and the diversity of the county's

population for a trial court appointment, however the primary consideration shall be

merit. If the governor does not appoint one of such nominees to fill such vacancy within

sixty days after their names are submitted to the governor by such commission, the chief

justice of the supreme court forthwith shall appoint on the basis of merit alone without

regard to political affiliation one of such nominees to fill such vacancy. If such

commission does not, within sixty days after such vacancy occurs, submit the names of

nominees as hereinabove provided, the governor shall have the power to appoint any

qualified person to fill such vacancy at any time thereafter prior to the time the names of

the nominees to fill such vacancy are submitted to the governor as hereinabove

provided. Each justice or judge so appointed shall initially hold office for a term ending

sixty days following the next regular general election after the expiration of a term of two

years in office. Thereafter, the terms of justices or judges of the supreme court and the

superior court shall be as provided by this article..36

D. A person appointed to fill a vacancy on an intermediate appellate court or

another court of record now existing or hereafter established by law shall have been a

resident of the counties or county in which that vacancy exists for at least one year prior

to his appointment, in addition to possessing the other required qualifications. A

nominee shall be under sixty-five years of age at the time his name is submitted to the

governor.

38 Declaration of candidacy; form of judicial ballot, rejection and

retention; failure to file declaration

Section 38. A. A justice or judge of the supreme court or an intermediate

appellate court shall file in the office of the secretary of state, and a judge of the superior

court or other court of record including such justices or judges who are holding office as

such by election or appointment at the time of the adoption of this section except for

judges of the superior court and other courts of record inferior to the superior court in

counties having a population of less than two hundred fifty thousand persons, according

to the United States census, shall file in the office of the clerk of the board of

supervisors of the county in which he regularly sits and resides, not less than sixty nor

more than ninety days prior to the regular general election next preceding the expiration

of his term of office, a declaration of his desire to be retained in office, and the secretary

of state shall certify to the several boards of supervisors the appropriate names of the

candidate or candidates appearing on such declarations filed in his office.

B. The name of any justice or judge whose declaration is filed as provided in

this section shall be placed on the appropriate official ballot at the next regular general

election under a nonpartisan designation and in substantially the following form:

Shall __________, (Name of justice or judge) of the _________ court be

retained in office? Yes __ No __ (Mark X after one).

C. If a majority of those voting on the question votes "No," then, upon the

expiration of the term for which such justice or judge was serving, a vacancy shall exist,

which shall be filled as provided by this article. If a majority of those voting on the

question votes "Yes," such justice or judge shall remain in office for another term,

subject to removal as provided by this constitution.

D. The votes shall be counted and canvassed and the result declared as in the

case of state and county elections, whereupon a certificate of retention or rejection of

the incumbent justice or judge shall be delivered to him by the secretary of state or the

clerk of the board of supervisors, as the case may be.

E. If a justice or judge fails to file a declaration of his desire to be retained in

office, as required by this section, then his office shall become vacant upon expiration of

the term for which such justice or judge was serving..37

39 Retirement of justices and judges; vacancies

Section 39. On attaining the age of seventy years a justice or judge of a court

of record shall retire and his judicial office shall be vacant, except as otherwise provided

in section 35 of this article. In addition to becoming vacant as provided in this section,

the office of a justice or judge of any court of record becomes vacant upon his death or

his voluntary retirement pursuant to statute or his voluntary resignation, and also, as

provided in section 38 of this article, upon the expiration of his term next following a

general election at which a majority of those voting on the question of his retention vote

in the negative or for which general election he is required, but fails, to file a declaration

of his desire to be retained in office.

This section is alternative to and cumulative with the methods of removal of

judges and justices provided in parts 1 and 2 of article 8 and article 6.1 of this

Constitution.

40 Option for counties with less than two hundred fifty thousand persons

Section 40. Notwithstanding any provision of this article to the contrary, any

county having a population of less than two hundred fifty thousand persons, according

to the most recent United States census, may choose to select its judges of the superior

court or of courts of record inferior to the superior court as if it had a population of two

hundred fifty thousand or more persons. Such choice shall be determined by vote of the

qualified electors of such county voting on the question at an election called for such

purpose by resolution of the board of supervisors of such county. If such qualified

electors approve, the provisions of sections 12, 28, 30, 35 through 39, 41 and 42 shall

apply as if such county had a population of two hundred fifty thousand persons or more.

41 Superior court divisions; commission on trial court appointments;

membership; terms

A. Except as otherwise provided, judges of the superior court in counties

having a population of two hundred fifty thousand persons or more according to the

most recent United States census shall hold office for a regular term of four years.

B. There shall be a nonpartisan commission on trial court appointments for

each county having a population of two hundred fifty thousand persons or more

according to the most recent United States census which shall be composed of the

following members:

1. The chief justice of the supreme court, who shall be the chairman of the

commission. In the event of the absence or incapacity of the chairman the supreme

court shall appoint a justice thereof to serve in his place and stead.

2. Five attorney members, none of whom shall reside in the same supervisorial

district and not more than three of whom shall be members of the same political party,

who are nominated by the board of governors of the state bar of Arizona and who are.38

appointed by the governor subject to confirmation by the senate in the manner

prescribed by law.

3. Ten nonattorney members, no more than two of whom shall reside in the

same supervisorial district.

C. At least ninety days prior to a term expiring or within twenty-one days of a

vacancy occurring for a nonattorney member on the commission for trial court

appointments, the member of the board of supervisors from the district in which the

vacancy has occurred shall appoint a nominating committee of seven members who

reside in the district, not more than four of whom may be from the same political

party. The make-up of the committee shall, to the extent feasible, reflect the diversity of

the population of the district. Members shall not be attorneys and shall not hold any

governmental office, elective or appointive, for profit. The committee shall provide

public notice that a vacancy exists and shall solicit, review and forward to the governor

all applications along with the committee's recommendations for appointment. The

governor shall appoint two persons from each supervisorial district who shall not be of

the same political party, subject to confirmation by the senate in the manner prescribed

by law.

D. In making or confirming appointments to trial court commissions, the

governor, the senate and the state bar shall endeavor to see that the commission reflects

the diversity of the county's population.

E. Members of the commission shall serve staggered four year terms, except

that initial appointments for the five additional nonattorney members and the two

additional attorney members of the commission shall be designated by the governor as

follows:

1. One appointment for a nonattorney member shall be for a one-year term.

2. Two appointments for nonattorney members shall be for a two-year term.

3. Two appointments for nonattorney members shall be for a three-year term.

4. One appointment for an attorney member shall be for a one-year term.

5. One appointment for an attorney member shall be for a two-year term.

F. Vacancies shall be filled for the unexpired terms in the same manner as the

original appointments.

G. Attorney members of the commission shall have resided in this state and

shall have been admitted to practice in this state by the supreme court for at least five

years and shall have resided in the supervisorial district from which they are appointed

for at least one year. Nonattorney members shall have resided in this state for at least

five years, shall have resided in the supervisorial district for at least one year before

being nominated and shall not be judges, retired judges nor admitted to practice before

the supreme court. None of the attorney or nonattorney members of the commission

shall hold any governmental office, elective or appointive, for profit and no attorney

member is eligible for appointment to any judicial office of this state until one year after

membership in the commission terminates.

H. No person other than the chief justice shall serve at the same time as a

member of more than one judicial appointment commission..39

I. The commission shall submit the names of not less than three individuals for

nomination for the office of the superior court judge pursuant to section 37 of this

article.

J. Prior to making recommendations to the governor, the commission shall

conduct investigations, hold public hearings and take public testimony. An executive

session as prescribed by rule may be held upon a two-thirds vote of the members of the

commission in a public hearing. Final decisions as to recommendations shall be made

without regard to political affiliation in an impartial and objective manner. The

commission shall consider the diversity of the county's population and the geographical

distribution of the residences of the judges throughout the county, however the primary

consideration shall be merit. Voting shall be in a public hearing. The expenses of

meetings of the commission and the attendance of members thereof for travel and

subsistence shall be paid from the general fund of the state as state officers are paid,

upon claims approved by the chairman.

K. After public hearings the supreme court shall adopt rules of procedure for

the commission on trial court appointments.

L. The members of the commission who were appointed pursuant to section 36

of this article prior to the effective date of this section may continue to serve until the

expiration of their normal terms. All subsequent appointments shall be made as

prescribed by this section.

42 Retention evaluation of justices and judges

The supreme court shall adopt, after public hearings, and administer for all

justices and judges who file a declaration to be retained in office, a process, established

by court rules for evaluating judicial performance. The rules shall include written

performance standards and performance reviews which survey opinions of persons who

have knowledge of the justice's or judge's performance. The public shall be afforded a

full and fair opportunity for participation in the evaluation process through public

hearings, dissemination of evaluation reports to voters and any other methods as the

court deems advisable.

Article 6.1 - COMMISSION OF JUDICIAL CONDUCT

1. Composition; appointment; term; vacancies

Section 1. A. A commission on judicial conduct is created to be composed of

eleven persons consisting of two judges of the court of appeals, two judges of the

superior court, one justice of the peace and one municipal court judge, who shall be

appointed by the supreme court, two members of the state bar of Arizona, who shall be

appointed by the governing body of such bar association, and three citizens who are not

judges, retired judges nor members of the state bar of Arizona, who shall be appointed

by the governor subject to confirmation by the senate in the manner prescribed by law..40

B. Terms of members of the commission shall be six years, except that initial

terms of two members appointed by the supreme court and one member appointed by

the state bar of Arizona for terms which begin in January, 1991 shall be for two years

and initial terms of one member appointed by the supreme court and one member

appointed by the state bar of Arizona for terms which begin in January, 1991 shall be

for four years. If a member ceases to hold the position that qualified him for

appointment his membership on the commission terminates. An appointment to fill a

vacancy for an unexpired term shall be made for the remainder of the term by the

appointing power of the original appointment.

2. Disqualification of judge

Section 2. A judge is disqualified from acting as a judge, without loss of salary,

while there is pending an indictment or an information charging him in the United States

with a crime punishable as a felony under Arizona or federal law, or a recommendation

to the supreme court by the commission on judicial conduct for his suspension, removal

or retirement.

3. Suspension or removal of judge

Section 3. On recommendation of the commission on judicial conduct, or on its

own motion, the supreme court may suspend a judge from office without salary when, in

the United States, he pleads guilty or no contest or is found guilty of a crime punishable

as a felony under Arizona or federal law or of any other crime that involves moral

turpitude under such law. If his conviction is reversed the suspension terminates, and he

shall be paid his salary for the period of suspension. If he is suspended and his

conviction becomes final the supreme court shall remove him from office.

4. Retirement of judge

Section 4. On recommendation of the commission on judicial conduct, the

supreme court may retire a judge for disability that seriously interferes with the

performance of his duties and is or is likely to become permanent, and may censure,

suspend without pay or remove a judge for action by him that constitutes wilful

misconduct in office, wilful and persistent failure to perform his duties, habitual

intemperance or conduct prejudicial to the administration of justice that brings the

judicial office into disrepute.

B. A judge retired by the supreme court shall be considered to have retired

voluntarily. A judge removed by the supreme court is ineligible for judicial office in this

state..41

5. Definitions and rules implementing article

Section 5. The term "judge" as used in this article shall apply to all justices of

the peace, judges in courts inferior to the superior court as may be provided by law,

judges of the superior court, judges of the court of appeals and justices of the supreme

court. The supreme court shall make rules implementing this article and providing for

confidentiality of proceedings. A judge who is a member of the commission or supreme

court shall not participate as a member in any proceedings hereunder involving his own

censure, suspension, removal or involuntary retirement.

6. Article self-executing

Section 6. The provisions of this article shall be self-executing.

Article 7 - SUFFRAGE AND ELECTIONS

1. Method of voting; secrecy

Section 1. All elections by the people shall be by ballot, or by such other

method as may be prescribed by law; Provided, that secrecy in voting shall be

preserved.

2. Qualifications of voters; disqualification

Section 2. A. No person shall be entitled to vote at any general election, or for

any office that now is, or hereafter may be, elective by the people, or upon any question

which may be submitted to a vote of the people, unless such person be a citizen of the

United States of the age of eighteen years or over, and shall have resided in the state for

the period of time preceding such election as prescribed by law, provided that

qualifications for voters at a general election for the purpose of electing presidential

electors shall be as prescribed by law. The word "citizen" shall include persons of the

male and female sex.

B. The rights of citizens of the United States to vote and hold office shall not be

denied or abridged by the state, or any political division or municipality thereof, on

account of sex, and the right to register, to vote and to hold office under any law now in

effect, or which may hereafter be enacted, is hereby extended to, and conferred upon

males and females alike.

C. No person who is adjudicated an incapacitated person shall be qualified to

vote at any election, nor shall any person convicted of treason or felony, be qualified to

vote at any election unless restored to civil rights.

3. Voting residence of federal employees and certain others.42

Section 3. For the purpose of voting, no person shall be deemed to have

gained or lost a residence by reason of being present or absent while employed in the

service of the United States, or while a student at any institution of learning, or while

kept at any institution or other shelter at public expense, or while confined in any public

jail or prison.

4. Privilege of electors from arrest

Section 4. Electors shall in all cases, except treason, felony, or breach of the

peace, be privileged from arrest during their attendance at any election, and in going

thereto and returning therefrom.

5. Military duty on day of election

Section 5. No elector shall be obliged to perform military duty on the day of an

election, except in time of war or public danger.

6. Residence of military personnel stationed within state

Section 6. No soldier, seaman, or marine, in the army or navy of the United

States shall be deemed a resident of this state in consequence of his being stationed at

any military or naval place within this state.

7. Highest number of votes received as determinative of person elected

Section 7. In all elections held by the people in this state, the person, or

persons, receiving the highest number of legal votes shall be declared elected.

8. Qualifications for voters at school elections

Section 8. Qualifications for voters at school elections shall be as are now, or

as may hereafter be, provided by law.

9. Advisory vote

Section 9. For the purpose of obtaining an advisory vote of the people, the

legislature shall provide for placing the names of candidates for United States senator on

the official ballot at the general election next preceding the election of a United States

senator.

10 Direct primary election law.43

Section 10. The Legislature shall enact a direct primary election law, which

shall provide for the nomination of candidates for all elective State, county, and city

offices, including candidates for United States Senator and for Representative in

Congress. Any person who is registered as no party preference or independent as the

party preference or who is registered with a political party that is not qualified for

representation on the ballot may vote in the primary election of any one of the political

parties that is qualified for the ballot.

11 General elections; date

Section 11. There shall be a general election of representatives in congress, and

of state, county, and precinct officers on the first Tuesday after the first Monday in

November of the first even numbered year after the year in which Arizona is admitted to

statehood and biennially thereafter.

12 Registration and other laws

Section 12. There shall be enacted registration and other laws to secure the

purity of elections and guard against abuses of the elective franchise.

13 Submission of questions upon bond issues or special assessments

Section 13. Questions upon bond issues or special assessments shall be

submitted to the vote of real property tax payers, who shall also in all respects be

qualified electors of this State, and of the political subdivisions thereof affected by such

question.

14 Fee for placing candidate's name on ballot

Section 14. No fee shall ever be required in order to have the name of any

candidate placed on the official ballot for any election or primary.

15 Qualifications for public office

Section 15. Every person elected or appointed to any elective office of trust or

profit under the authority of the state, or any political division or any municipality

thereof, shall be a qualified elector of the political division or municipality in which such

person shall be elected..44

16 Campaign contributions and expenditures; publicity

Section 16. The legislature, at its first session, shall enact a law providing for a

general publicity, before and after election, of all campaign contributions to, and

expenditures of campaign committees and candidates for public office.

17 Vacancy in Congress

Section 17. There shall be a primary and general election as prescribed by law,

which shall provide for nomination and election of a candidate for United States senator

and for representative in congress when a vacancy occurs through resignation or any

other cause.

18 Term limits on ballot appearances in congressional elections.

Section 18. The name of any candidate for United States senator from Arizona

shall not appear on the ballot if, by the end of the current term of office, the candidate

will have served (or, but for resignation, would have served) in that office for two

consecutive terms, and the name of a candidate for United States representative from

Arizona shall not appear on the ballot if, by the end of the current term of office, the

candidate will have served (or, but for resignation, would have served) in that office for

three consecutive terms. Terms are considered consecutive unless they are at least one

full term apart. Any person appointed or elected to fill a vacancy in the United States

congress who serves at least one half of a term of office shall be considered to have

served a term in that office for purposes of this section. For purposes of this section,

terms beginning before January 1, 1993 shall not be considered.

Article 8 - REMOVAL FROM OFFICE

1. Officers subject to recall; petitioners

Section 1. Every public officer in the state of Arizona, holding an elective office,

either by election or appointment, is subject to recall from such office by the qualified

electors of the electoral district from which candidates are elected to such office. Such

electoral district may include the whole state. Such number of said electors as shall

equal twenty-five per centum of the number of votes cast at the last preceding general

election for all of the candidates for the office held by such officer, may by petition,

which shall be known as a recall petition, demand his recall.

2. Recall petitions; contents; filing; signatures; oath

Section 2. Every recall petition must contain a general statement, in not more

than two hundred words, of the grounds of such demand, and must be filed in the office

in which petitions for nominations to the office held by the incumbent are required to be

filed. The signatures to such recall petition need not all be on one sheet of paper, but.45

each signer must add to his signature the date of his signing said petition, and his place

of residence, giving his street and number, if any, should he reside in a town or

city. One of the signers of each sheet of such petition, or the person circulating such

sheet, must make and subscribe an oath on said sheet, that the signatures thereon are

genuine.

3. Resignation of officer; special election

Section 3. If such officer shall offer his resignation it shall be accepted, and the

vacancy shall be filled as may be provided by law. If he shall not resign within five days

after a recall petition is filed as provided by law, a special election shall be ordered to

be held as provided by law, to determine whether such officer shall be recalled. On the

ballots at such election shall be printed the reasons as set forth in the petition for

demanding his recall, and, in not more than two hundred words, the officer's justification

of his course in office. He shall continue to perform the duties of his office until the

result of such election shall have been officially declared.

4. Special election; candidates; results; qualification of successor

Section 4. Unless the incumbent otherwise requests, in writing, the incumbent's

name shall be placed as a candidate on the official ballot without nomination. Other

candidates for the office may be nominated to be voted for at said election. The

candidate who receives the highest number of votes shall be declared elected for the

remainder of the term. Unless the incumbent receives the highest number of votes, the

incumbent shall be deemed to be removed from office, upon qualification of the

successor. In the event that the successor shall not qualify within five days after the

result of said election shall have been declared, the said office shall be vacant, and may

be filled as provided by law.

5. Recall petitions; restrictions and conditions

Section 5. No recall petition shall be circulated against any officer until he shall

have held his office for a period of six months, except that it may be filed against a

member of the legislature at any time after five days from the beginning of the first

session after his election. After one recall petition and election, no further recall petition

shall be filed against the same officer during the term for which he was elected, unless

petitioners signing such petition shall first pay into the public treasury which has paid

such election expenses, all expenses of the preceding election.

6. Application of general election laws; implementary legislation

Section 6. The general election laws shall apply to recall elections in so far as

applicable. Laws necessary to facilitate the operation of the provisions of this article.46

shall be enacted, including provision for payment by the public treasury of the

reasonable special election campaign expenses of such officer.

1. Power of impeachment in house of representatives; trial by senate

Section 1. The house of representatives shall have the sole power of

impeachment. The concurrence of a majority of all the members shall be necessary to

an impeachment. All impeachments shall be tried by the senate, and, when sitting for

that purpose, the senators shall be upon oath or affirmation to do justice according to

law and evidence, and shall be presided over by the chief justice of the supreme

court. Should the chief justice be on trial, or otherwise disqualified, the senate shall

elect a judge of the supreme court to preside.

2. Conviction; grounds for impeachment; judgment; liability to trial

Section 2. No person shall be convicted without a concurrence of two-thirds of

the senators elected. The governor and other state and judicial officers, except justices

of courts not of record, shall be liable to impeachment for high crimes, misdemeanors,

or malfeasance in office, but judgment in such cases shall extend only to removal from

office and disqualification to hold any office of honor, trust, or profit in the state. The

party, whether convicted or acquitted, shall, nevertheless, be liable to trial and

punishment according to law.

Article 9 - PUBLIC DEPT, REVENUE, AND TAXATION

1. Surrender of power of taxation; uniformity of taxes

Section 1. The power of taxation shall never be surrendered, suspended or

contracted away. Except as provided by section 18 of this article, all taxes shall be

uniform upon the same class of property within the territorial limits of the authority

levying the tax, and shall be levied and collected for public purposes only.

2. Property subject to taxation; exemptions

Section 2. (1) There shall be exempt from taxation all federal, state, county

and municipal property.

(2) Property of educational, charitable and religious associations or institutions

not used or held for profit may be exempt from taxation by law.

(3) Public debts, as evidenced by the bonds of Arizona, its counties,

municipalities or other subdivisions, shall also be exempt from taxation.

(4) All household goods owned by the user thereof and used solely for

noncommercial purposes shall be exempt from taxation, and such person entitled to.47

such exemption shall not be required to take any affirmative action to receive the benefit

of such exemption.

(5) Stocks of raw or finished materials, unassembled parts, work in process or

finished products constituting the inventory of a retailer or wholesaler located within the

state and principally engaged in the resale of such materials, parts or products, whether

or not for resale to the ultimate consumer, shall be exempt from taxation.

(6) The legislature may exempt personal property that is used for agricultural

purposes or in a trade or business from taxation in a manner provided by law, except

that the exemption does not apply to any amount of the full cash value of the personal

property of a taxpayer that exceeds fifty thousand dollars. The legislature may provide

by law to increase the exempt amount according to annual variations in a designated

national inflation index.

(7) The legislature may exempt the property of cemeteries that are set apart

and used to inter deceased human beings from taxation in a manner provided by law.

(8) There shall be further exempt from taxation the property of each honorably

discharged airman, soldier, sailor, United States marine, member of revenue marine

service, the coast guard, nurse corps or of any predecessor or of the component of

auxiliary of any thereof, resident of this state, in the amount of:

(a) One thousand five hundred dollars if the total assessment of such person

does not exceed three thousand five hundred dollars.

(b) One thousand dollars if the total assessment of such person does not

exceed four thousand dollars.

(c) Five hundred dollars if the total assessment of such person does not exceed

four thousand five hundred dollars.

(d) Two hundred fifty dollars if the total assessment of such person does not

exceed five thousand dollars.

(e) No exemption if the total assessment of such person exceeds five thousand

dollars.

No such exemption shall be made for such person unless such person shall have

served at least sixty days in the military or naval service of the United States during

World War I or prior wars and shall have been a resident of this state prior to

September 1, 1945.

(9) There shall be further exempt from taxation as herein provided the property

of each honorably discharged airman, soldier, sailor, United States marine, member of

revenue marine service, the coast guard, nurse corps or of any predecessor or of the

component of auxiliary of any thereof, resident of this state, where such person has a

service-connected disability as determined by the United States veterans administration

or its successor. No such exemption shall be made for such person unless he shall have

been a resident of this state prior to September 1, 1945 or unless such person shall

have been a resident of this state for at least four years prior to his original entry into

service as an airman, soldier, sailor, United States marine, member of revenue marine

service, the coast guard, nurse corps or of any predecessor or of the component of

auxiliary of any thereof. The property of such person having a compensable service-.48

connected disability exempt from taxation as herein provided shall be determined as

follows:

(a) If such person's service-connected disability as determined by the United

States veterans administration or its successor is sixty per cent or less, the property of

such person exempt from taxation shall be determined by such person's percentage of

disability multiplied by the assessment of such person in the amount of:

(i) One thousand five hundred dollars if the total assessment of such person

does not exceed three thousand five hundred dollars.

(ii) One thousand dollars if the total assessment of such person does not

exceed four thousand dollars.

(iii) Five hundred dollars if the total assessment of such person does not exceed

four thousand five hundred dollars.

(iv) Two hundred fifty dollars if the total assessment of such person does not

exceed five thousand dollars.

(v) No exemption if the total assessment of such person exceeds five thousand

dollars.

(b) If such person's service-connected disability as determined by the United

States veterans administration or its successor is more than sixty per cent, the property

of such person exempt from taxation shall be in the amount of:

(i) One thousand five hundred dollars if the total assessment of such person

does not exceed three thousand five hundred dollars.

(ii) One thousand dollars if the total assessment of such person does not

exceed four thousand dollars.

(iii) Five hundred dollars if the total assessment of such person does not exceed

four thousand five hundred dollars.

(iv) Two hundred fifty dollars if the total assessment of such person does not

exceed five thousand dollars.

(v) No exemption if the total assessment of such person exceeds five thousand

dollars.

(10) There shall be further exempt from taxation the property of each

honorably discharged airman, soldier, sailor, United States marine, member of revenue

marine service, the coast guard, nurse corps or of any predecessor or of the component

of auxiliary of any thereof, resident of this state, where such person has a nonservice-connected

total and permanent disability, physical or mental, as so certified by the

United States veterans administration, or its successor, or such other certification as

provided by law, in the amount of:

(a) One thousand five hundred dollars if the total assessment of such person

does not exceed three thousand five hundred dollars.

(b) One thousand dollars if the total assessment of such person does not

exceed four thousand dollars.

(c) Five hundred dollars if the total assessment of such person does not exceed

four thousand five hundred dollars..49

(d) Two hundred fifty dollars if the total assessment of such person does not

exceed five thousand dollars.

(e) No exemption if the total assessment of such person exceeds five thousand

dollars.

No such exemption shall be made for such person unless he shall have served at

least sixty days in the military or naval service of the United States during time of war

after World War I and shall have been a resident of this state prior to September 1,

1945.

(11) There shall be further exempt from taxation the property of each widow,

resident of this state, in the amount of:

(a) One thousand five hundred dollars if the total assessment of such widow

does not exceed three thousand five hundred dollars.

(b) One thousand dollars if the total assessment of such widow does not

exceed four thousand dollars.

(c) Five hundred dollars if the total assessment of such widow does not exceed

four thousand five hundred dollars.

(d) Two hundred fifty dollars if the total assessment of such widow does not

exceed five thousand dollars.

(e) No exemption if the total assessment of such widow exceeds five thousand

dollars.

In order to qualify for this exemption, the income from all sources of such

widow, together with the income from all sources of all children of such widow residing

with the widow in her residence in the year immediately preceding the year for which

such widow applies for this exemption, shall not exceed:

1. Seven thousand dollars if none of the widow's children under the age of

eighteen years resided with her in such widow's residence; or

2. Ten thousand dollars if one or more of the widow's children residing with her

in such widow's residence was under the age of eighteen years, or was totally and

permanently disabled, physically or mentally, as certified by competent medical authority

as provided by law.

Such widow shall have resided with her last spouse in this state at the time of

the spouse's death if she was not a widow and a resident of this state prior to January 1,

1969.

(12) No property shall be exempt which has been conveyed to evade

taxation. The total exemption from taxation granted to the property owned by a person

who qualifies for any exemption in accordance with the terms of subsections (8), (9),

(10) or (11) shall not exceed one thousand five hundred dollars. The provisions of this

section shall be self-executing.

(13) All property in the state not exempt under the laws of the United States or

under this constitution or exempt by law under the provisions of this section shall be

subject to taxation to be ascertained as provided by law..50

2. Exemption from tax; property of widowers

Section 2.1. There shall be further exempt from taxation the property of each

widower, resident of this state, in the amount of:

1. One thousand five hundred dollars if the total assessment of such widower

does not exceed three thousand five hundred dollars.

2. One thousand dollars if the total assessment of such widower does not

exceed four thousand dollars.

3. Five hundred dollars if the total assessment of such widower does not

exceed four thousand five hundred dollars.

4. Two hundred fifty dollars if the total assessment of such widower does not

exceed five thousand dollars.

5. No exemption if the total assessment of such widower exceeds five thousand

dollars.

In order to qualify for this exemption, the income from all sources of such

widower, together with the income from all sources of all children of such widower

residing with the widower in his residence in the year immediately preceding the year for

which such widower applies for this exemption, shall not exceed:

1. Seven thousand dollars if none of the widower's children under the age of

eighteen years resided with him in such widower's residence; or

2. Ten thousand dollars if one or more of the widower's children residing with

him in such widower's residence was under the age of eighteen years, or was totally and

permanently disabled, physically or mentally, as certified by competent medical authority

as provided by law.

Such widower shall have resided with his last spouse in this state at the time of

the spouse's death if he was not a widower and a resident of this state prior to January

1, 1969.

No property shall be exempt which has been conveyed to evade taxation. The

total exemption from taxation granted to the property owned by a person who qualifies

for any exemption in accordance with the terms of this section shall not exceed one

thousand five hundred dollars. This section shall be self-executing.

2.2. Exemption from tax; property of persons who are disabled

Section 2.2. A. There shall be further exempt from taxation the property of

each person who, after age seventeen, has been medically certified as totally and

permanently disabled, in the amount of:

1. One thousand five hundred dollars if the total assessment of such person

does not exceed three thousand five hundred dollars.

2. One thousand dollars if the total assessment of such person does not exceed

four thousand dollars.

3. Five hundred dollars if the total assessment of such person does not exceed

four thousand five hundred dollars.

4. Two hundred fifty dollars if the total assessment of such person does not.51

exceed five thousand dollars.

5. No exemption if the total assessment of such person exceeds five thousand

dollars. The legislature may by law prescribe criteria for medical certification of such

disability.

B. The income from all sources of the person who is disabled, the person's

spouse and all of the person's children who reside in the person's residence in the year

immediately preceding the year for which the person applies for this exemption shall not

exceed:

1. Seven thousand dollars if none of the person's children under the age of

eighteen years resided in the person's residence; or

2. Ten thousand dollars if one or more of the person's children residing in the

residence was under the age of eighteen years or was totally and permanently disabled,

physically or mentally, as certified by competent medical authority as provided by law.

C. No property shall be exempt which has been conveyed to evade taxation.

The total exemption from taxation granted to the property owned by a person who

qualifies for any exemption in accordance with the terms of this section shall not exceed

one thousand five hundred dollars. This section shall be self-executing.

2. Exemption from tax; increase in amount of exemptions, assessments

and income

Section 2.3. The legislature may by law increase the amount of the exemptions,

the total permissible amount of assessments or the permissible amount of income from

all sources prescribed in sections 2, 2.1 and 2.2 of this article.

3. Annual tax; purposes; amount; tax laws; payment of taxes into state

treasury

Section 3. The legislature shall provide by law for an annual tax sufficient, with

other sources of revenue, to defray the necessary ordinary expenses of the state for

each fiscal year. And for the purpose of paying the state debt, if there be any, the

legislature shall provide for levying an annual tax sufficient to pay the annual interest and

the principal of such debt within twenty-five years from the final passage of the law

creating the debt.

No tax shall be levied except in pursuance of law, and every law imposing a tax

shall state distinctly the object of the tax, to which object only it shall be applied.

All taxes levied and collected for state purposes shall be paid into the state

treasury in money only.

4. Fiscal year; annual statement of receipts and expenditures; deficit.52

Section 4. The fiscal year shall commence on the first day of July in each

year. An accurate statement of the receipts and expenditures of the public money shall

be published annually, in such manner as shall be provided by law. Whenever the

expenses of any fiscal year shall exceed the income, the legislature may provide for

levying a tax for the ensuing fiscal year sufficient, with other sources of income, to pay

the deficiency, as well as the estimated expenses of the ensuing fiscal year.

5. Power of state to contract debts; purposes; limit; restrictions

Section 5. The state may contract debts to supply the casual deficits or failures

in revenues, or to meet expenses not otherwise provided for; but the aggregate amount

of such debts, direct and contingent, whether contracted by virtue of one or more laws,

or at different periods of time, shall never exceed the sum of three hundred and fifty

thousand dollars; and the money arising from the creation of such debts shall be applied

to the purpose for which it was obtained or to repay the debts so contracted, and to no

other purpose.

In addition to the above limited power to contract debts the state may borrow

money to repel invasion, suppress insurrection, or defend the state in time of war; but

the money thus raised shall be applied exclusively to the object for which the loan shall

have been authorized or to the repayment of the debt thereby created. No money shall

be paid out of the state treasury, except in the manner provided by law.

6. Local assessments and taxes

Section 6. Incorporated cities, towns, and villages may be vested by law with

power to make local improvements by special assessments, or by special taxation of

property benefited. For all corporate purposes, all municipal corporations may be

vested with authority to assess and collect taxes.

7. Gift or loan of credit; subsidies; stock ownership; joint ownership

Section 7. Neither the state, nor any county, city, town, municipality, or other

subdivision of the state shall ever give or loan its credit in the aid of, or make any

donation or grant, by subsidy or otherwise, to any individual, association, or

corporation, or become a subscriber to, or a shareholder in, any company or

corporation, or become a joint owner with any person, company, or corporation,

except as to such ownerships as may accrue to the state by operation or provision of

law or as authorized by law solely for investment of the monies in the various funds of

the state.

8. Local debt limits; assent of taxpayers

Section 8. (1) No county, city, town, school district, or other municipal

corporation shall for any purpose become indebted in any manner to an amount.53

exceeding six per centum of the taxable property in such county, city, town, school

district, or other municipal corporation, without the assent of a majority of the property

taxpayers, who must also in all respects be qualified electors, therein voting at an

election provided by law to be held for that purpose, the value of the taxable property

therein to be ascertained by the last assessment for state and county purposes, previous

to incurring such indebtedness; except, that in incorporated cities and towns

assessments shall be taken from the last assessment for city or town purposes;

provided, that under no circumstances shall any county or school district become

indebted to an amount exceeding fifteen per centum of such taxable property, as shown

by the last assessment roll thereof; and provided further, that any incorporated city or

town, with such assent, may be allowed to become indebted to a larger amount, but not

exceeding twenty per centum additional, for supplying such city or town with water,

artificial light, or sewers, when the works for supplying such water, light, or sewers are

or shall be owned and controlled by the municipality, and for the acquisition and

development by the incorporated city or town of land or interests therein for open space

preserves, parks, playgrounds and recreational facilities.

(2) The provisions of section 18, subsections (3), (4), (5) and (6) of this article

shall not apply to this section.

8. Unified school district debt limit

Section 8.1. (1) Notwithstanding the provisions of section 8 of this article a

unified school district may become indebted to an amount not exceeding thirty per cent

of the taxable property of the school district, as shown by the last assessment roll

thereof. For purposes of this section, a unified school district is a single school district

which provides education to the area within the district for grades kindergarten through

twelve and which area is not subject to taxation by any other common or high school

district.

(2) The provisions of section 18, subsections (3), (4), (5) and (6) of this article

shall not apply to this section.

9. Statement of tax and objects

Section 9. Every law which imposes, continues, or revives a tax shall distinctly

state the tax and the objects for which it shall be applied; and it shall not be sufficient to

refer to any other law to fix such tax or object..54

10 Aid of church, private or sectarian school, or public service

corporation

Section 10. No tax shall be laid or appropriation of public money made in aid

of any church, or private or sectarian school, or any public service corporation.

11 Taxing procedure; license tax on registered vehicles

Section 11. From and after December 31, 1973, the manner, method and

mode of assessing, equalizing and levying taxes in the state of Arizona shall be such as is

prescribed by law.

From and after December 31, 1973, a license tax is hereby imposed on

vehicles registered for operation upon the highways in Arizona, which license tax shall

be in lieu of all ad valorem property taxes on any vehicle subject to such license

tax. Such license tax shall be collected as provided by law. To facilitate an even

distribution of the registration of vehicles and the collection of the license tax imposed by

this section, the legislature may provide for different times or periods of registration

between and within the several classes of vehicles.

In the event that a vehicle is destroyed after the beginning of a registration year,

the license tax paid for such year on such vehicle may be reduced as provided by law.

From and after December 31, 1973, mobile homes, as defined by law for tax

purposes, shall not be subject to the license tax imposed under the provisions of this

section but shall be subject to ad valorem property taxes on any mobile homes in the

manner provided by law. Distribution of the proceeds derived from such tax shall be as

provided by law.

From and after December 31, 1973, the legislature shall provide for the

distribution of the proceeds from such license tax to the state, counties, school districts,

cities and towns.

12 Authority to provide for levy and collection of license and other taxes

Section 12. The law-making power shall have authority to provide for the levy

and collection of license, franchise, gross revenue, excise, income, collateral and direct

inheritance, legacy, and succession taxes, also graduated income taxes, graduated

collateral and direct inheritance taxes, graduated legacy and succession taxes, stamp,

registration, production, or other specific taxes.

13 Inventory tax on materials and products of manufacturers

No tax shall be levied on raw or unfinished materials, unassembled parts, work

in process or finished products, constituting the inventory of a manufacturer or

manufacturing establishment located within the state and principally engaged in the

fabrication, production and manufacture of products, wares and articles for use, from

raw or prepared materials, imparting thereto new forms, qualities, properties and.55

combinations, which materials, parts, work in process or finished products are not

consigned or billed to any other party.

14 Use and distribution of vehicle, user, and gasoline and diesel tax

receipts

Section 14. No moneys derived from fees, excises, or license taxes relating to

registration, operation, or use of vehicles on the public highways or streets or to fuels or

any other energy source used for the propulsion of vehicles on the public highways or

streets, shall be expended for other than highway and street purposes including the cost

of administering the state highway system and the laws creating such fees, excises, or

license taxes, statutory refunds and adjustments provided by law, payment of principal

and interest on highway and street bonds and obligations, expenses of state enforcement

of traffic laws and state administration of traffic safety programs, payment of costs of

publication and distribution of Arizona highways magazine, state costs of construction,

reconstruction, maintenance or repair of public highways, streets or bridges, costs of

rights of way acquisitions and expenses related thereto, roadside development, and for

distribution to counties, incorporated cities and towns to be used by them solely for

highway and street purposes including costs of rights of way acquisitions and expenses

related thereto, construction, reconstruction, maintenance, repair, roadside

development, of county, city and town roads, streets, and bridges and payment of

principal and interest on highway and street bonds. As long as the total highway user

revenues derived equals or exceeds the total derived in the fiscal year ending June 30,

1970, the state and any county shall not receive from such revenues for the use of each

and for distribution to cities and towns, fewer dollars than were received and distributed

in such fiscal year. This section shall not apply to moneys derived from the automobile

license tax imposed under section 11 of article IX of the Constitution of Arizona. All

moneys collected in accordance with this section shall be distributed as provided by

law.

15 License tax on aircraft

Section 15. Commencing January 1, 1965, a license tax is imposed on aircraft

registered for operation in Arizona, which license tax shall be in lieu of all ad valorem

property taxes on any aircraft subject thereto, but nothing in this section shall be

deemed to apply to:

1. Regularly scheduled aircraft operated by an air line company for the primary

purpose of carrying persons or property for hire in interstate, intrastate, or international

transportation.

2. Aircraft owned and held by an aircraft dealer solely for purposes of sale.

3. Aircraft owned by a nonresident who operates aircraft for a period not in

excess of ninety days in any one calendar year, provided that such aircraft are not

engaged in any intrastate commercial activity..56

4. Aircraft owned and operated exclusively in the public service by the state or

by any political subdivision thereof, or by the civil air patrol. The amount, manner,

method and mode of assessing, equalizing and levying such license tax and the

distribution of the proceeds therefrom shall be prescribed by law.

16 Exemption of watercraft from ad valorem property taxes

Section 16. Commencing January 1, 1967, all watercraft registered for

operation in Arizona, excluding watercraft owned and operated for any commercial

purpose, is exempt from ad valorem property taxes. Watercraft exempt from ad

valorem property taxes shall be subject to or exempt from a license tax, as may be

prescribed by law.

"Watercraft", as used in this section, shall be defined as provided by law.

17 Economic estimates commission; appropriation limitation; powers and

duties of commission

Section 17. (1) The economic estimates commission shall be established by

law, with a membership of not to exceed three members, and shall determine and

publish prior to February 1 of each year the estimated total personal income for the

following fiscal year. By April 1 of each year the commission shall determine and

publish a final estimate of the total personal income for the following fiscal year, which

estimate shall be used in computing the appropriations limit for the legislature. For the

purposes of this section, "total personal income" means the dollar amount that will be

reported as total income by persons for the state of Arizona by the U. S. department of

commerce or its successor agency.

(2) For purposes of this section, "state revenues":

(a) Include all monies, revenues, fees, fines, penalties, funds, tuitions, property

and receipts of any kind whatsoever received by or for the account of the state or any

of its agencies, departments, offices, boards, commissions, authorities, councils and

insitutions except as provided in this subsection.

(b) Do not include:

(i) Any amounts or property received from the issuance or incurrence of bonds

or other lawful long-term obligations issued or incurred for a specific purpose. For the

purpose of this subdivision long-term obligations shall not include warrants issued in the

ordinary course of operation or registered for payment by the state.

(ii) Any amounts or property received as payment of dividends or interest.

(iii) Any amounts or property received by the state in the capacity of trustee,

custodian or agent.

(iv) Any amounts received from employers for deposit in the unemployment

compensation fund or any successor fund..57

(v) Any amounts collected by the state for distribution to counties, cities and

towns without specific restrictions on the use of the funds other than the restrictions

included in section 14 of this article.

(vi) Any amounts received as grants, aid, contributions or gifts of any type,

except voluntary contributions or other contributions received directly or indirectly in

lieu of taxes.

(vii) Any amounts received as the proceeds from the sale, lease or

redemption of property or as consideration for services or the use of property.

(viii) Any amounts received pursuant to a transfer during a fiscal year from

another agency, department, office, board, commission, authority, council or institution

of the state which were included as state revenues for such fiscal year or which are

excluded from state revenue under other provisions of this subsection.

(ix) Any amounts attributable to an increase in the rates of tax subsequent to

July 1, 1979 on vehicle users, gasoline and diesel fuel which were levied on July 1,

1979.

(x) Any amounts received during a fiscal year as refunds, reimbursements or

other recoveries of amounts appropriated which were applied against the appropriation

limitation for such fiscal year or which were excluded from state revenues under other

provisions of this subsection.

(3) The legislature shall not appropriate for any fiscal year state revenues in

excess of seven per cent of the total personal income of the state for that fiscal year as

determined by the economic estimates commission. The limitation may be exceeded

upon affirmative vote of two-thirds of the membership of each house of the legislature

on each measure that appropriates amounts in excess of the limitation. If the legislature

authorizes a specific dollar amount of appropriation for more than one fiscal year, for

the purpose of measuring such appropriation against the appropriation limitation, the

entire amount appropriated shall be applied against the limitation in the first fiscal year

during which any expenditures are authorized, and in no other fiscal year.

(4) In order to permit the transference of governmental functions or funding

responsibilities between the federal and state governments and between the state

government and its political subdivisions without abridging the purpose of this section to

limit state appropriations to a percentage of total personal income, the legislature shall

provide for adjustments of the appropriation percentage limitation consistent with the

following principles:

(a) If the federal government assumes all or any part of the cost of providing a

governmental function which the state previously funded in whole or in part, the

appropriation limitation shall be commensurately decreased.

(b) If the federal government requires the state to assume all or any part of the

cost of providing a governmental function the appropriation limitation shall be

commensurately increased.

(c) If the state assumes all or any part of the cost of providing a governmental

function and the state requires the political subdivision, which previously funded all or.58

any part of the cost of the function to commensurately decrease its tax revenues, the

appropriation percentage limitation shall be commensurately increased.

(d) If a political subdivision assumes all or any part of the cost of providing a

governmental function previously funded in whole or in part by the state, the

appropriation percentage limitation shall be commensurately decreased.

Any adjustments made pursuant to this subsection shall be made for the first

fiscal year of the assumption of the cost. Such adjustment shall remain in effect for each

subsequent fiscal year.

18.||Residential ad valorem tax limits; limit on increase in values; definitions

Section 18. (1) The maximum amount of ad valorem taxes that may be

collected from residential property in any tax year shall not exceed one per cent of the

property's full cash value as limited by this section.

(2) The limitation provided in subsection (1) does not apply to:

(a) Ad valorem taxes or special assessments levied to pay the principal of and

interest and redemption charges on bonded indebtedness or other lawful long-term

obligations issued or incurred for a specific purpose.

(b) Ad valorem taxes or assessments levied by or for property improvement

assessment districts, improvement districts and other special purpose districts other than

counties, cities, towns, school districts and community college districts.

(c) Ad valorem taxes levied pursuant to an election to exceed a budget,

expenditure or tax limitation.

(3) Except as otherwise provided by subsections (5), (6) and (7) of this section

the value of real property and improvements and the value of mobile homes used for all

ad valorem taxes except those specified in subsection (2) shall be the lesser of the full

cash value of the property or an amount ten per cent greater than the value of property

determined pursuant to this subsection for the prior year or an amount equal to the value

of property determined pursuant to this subsection for the prior year plus one-fourth of

the difference between such value and the full cash value of the property for current tax

year, whichever is greater.

(4) The legislature shall by law provide a method of determining the value,

subject to the provisions of subsection (3), of new property.

(5) The limitation on increases in the value of property prescribed in subsection

(3) does not apply to equalization orders that the legislature specifically exempts by law

from such limitation.

(6) Subsection (3) does not apply to:

(a) Property used in the business of patented or unpatented producing mines

and the mills and the smelters operated in connection with the mines.

(b) Producing oil, gas and geothermal interests.

(c) Real property, improvements thereto and personal property used thereon

used in the operation of telephone, telegraph, gas, water and electric utility companies..59

(d) Aircraft that is regularly scheduled and operated by an airline company for

the primary purpose of carrying persons or property for hire in interstate, intrastate or

international transportation.

(e) Standing timber.

(f) Property used in the operation of pipelines.

(g) Personal property regardless of use except mobile homes.

(7) A resident of this state who is sixty-five years of age or older may apply to

the county assessor for a property valuation protection option on the person's primary

residence, including not more than ten acres of undeveloped appurtenant land. The

resident may apply for a property valuation protection option after residing in the

primary residence for two years. If one person owns the property, the person's total

income from all sources including nontaxable income shall not exceed four hundred per

cent of the supplemental security income benefit rate established by section 1611 of the

social security act. If the property is owned by two or more persons, including a

husband and wife, at least one of the owners must be sixty-five years of age or older

and the owners' combined total income from all sources including nontaxable income

shall not exceed five hundred per cent of the supplemental security income benefit rate

established by section 1611 of the social security act. The assessor shall review the

owner's income qualifications on a triennial basis and shall use the owner's average total

income during the previous three years for the review. If the county assessor approves

a property valuation protection option, the value of the primary residence shall remain

fixed at the full cash value in effect during the year the property valuation protection

option is filed and as long as the owner remains eligible. To remain eligible, the county

assessor shall require a qualifying resident to reapply for the property valuation

protection option every three years and shall send a notice of reapplication to qualifying

residents six months before the three year reapplication requirement. If title to the

property is conveyed to any person who does not qualify for the property valuation

protection option, the property valuation protection option terminates, and the property

shall revert to its current full cash value.

(8) The legislature shall provide by law a system of property taxation consistent

with the provisions of this section.

(9) For purposes of this section:

(a) "Owner" means the owner of record of the property and includes a person

who owns the majority beneficial interest of a living trust.

(b) "Primary residence" means all owner occupied real property and

improvements to that real property in this state that is a single family home,

condominium, townhouse or an owner occupied mobile home and that is used for

residential purposes.

19 Limitation on ad valorem tax levied; exceptions.60

Section 19. (1) The maximum amount of ad valorem taxes levied by any

county, city, town or community college district shall not exceed an amount two per

cent greater than the amount levied in the preceding year.

(2) The limitation prescribed by subsection (1) does not apply to:

(a) Ad valorem taxes or special assessments levied to pay the principal of and

the interest and redemption charges on bonded indebtedness or other lawful long-term

obligations issued or incurred for a specific purpose.

(b) Ad valorem taxes or assessments levied by or for property improvement

assessment districts, improvement districts and other special purpose districts other than

counties, cities, towns and community college districts.

(c) Ad valorem taxes levied by counties for support of common, high and

unified school districts.

(3) This section applies to all tax years beginning after December 31, 1981.

(4) The limitation prescribed by subsection (1) shall be increased each year to

the maximum permissible limit, whether or not the political subdivision actually levies ad

valorem taxes to such amounts.

(5) The voters, in the manner prescribed by law, may elect to allow ad valorem

taxation in excess of the limitation prescribed by this section.

(6) The limitation prescribed by subsection (1) of this section shall be increased

by the amount of ad valorem taxes levied against property not subject to taxation in the

prior year and shall be decreased by the amount of ad valorem taxes levied against

property subject to taxation in the prior year and not subject to taxation in the current

year. Such amounts of ad valorem taxes shall be computed using the rate applied to

property not subject to this subsection.

(7) The legislature shall provide by law for the implementation of this section.

20 Expenditure limitation; adjustments; reporting

Section 20. (1) The economic estimates commission shall determine and

publish prior to April 1 of each year the expenditure limitation for the following fiscal

year for each county, city and town. The expenditure limitations shall be determined by

adjusting the amount of actual payments of local revenues for each such political

subdivision for fiscal year 1979-1980 to reflect the changes in the population of each

political subdivision and the cost of living. The governing board of any political

subdivision shall not authorize expenditures of local revenues in excess of the limitation

prescribed in this section, except as provided in subsections (2), (6) and (9) of this

section.

(2) Expenditures in excess of the limitations determined pursuant to subsection

(1) of this section may be authorized as follows:

(a) Upon affirmative vote of two-thirds of the members of the governing board

for expenditures directly necessitated by a natural or man-made disaster declared by the

governor. Any expenditures in excess of the expenditure limitation, as authorized by this

paragraph, shall not affect the determination of the expenditure limitation pursuant to.61

subsection (1) of this section in any subsequent years. Any expenditures authorized

pursuant to this paragraph shall be made either in the fiscal year in which the disaster is

declared or in the succeeding fiscal year.

(b) Upon the affirmative vote of seventy per cent of the members of the

governing board for expenditures directly necessitated by a natural or man-made

disaster not declared by the governor, subject to the following:

(i) The governing board reducing expenditures below the expenditure limitation

determined pursuant to subsection (1) of this section by the amount of the excess

expenditure for the fiscal year following a fiscal year in which excess expenditures were

made pursuant to this paragraph; or

(ii) Approval of the excess expenditure by a majority of the qualified electors

voting either at a special election held by the governing board or at a regularly scheduled

election for the nomination or election of the members of the governing board, in the

manner provided by law. If the excess expenditure is not approved by a majority of the

qualified electors voting, the governing board shall for the fiscal year which immediately

follows the fiscal year in which the excess expenditures are made, reduce expenditures

below the expenditure limitation determined pursuant to subsection (1) of this section by

the amount of the excess expenditures. Any expenditures in excess of the expenditure

limitation, as authorized by this paragraph, shall not affect the determination of the

expenditure limitation pursuant to subsection (1) of this section in any subsequent

years. Any expenditures pursuant to this paragraph shall be made either in the fiscal

year in which the disaster occurs or in the succeeding fiscal year.

(c) Upon affirmative vote of at least two-thirds of the members of the governing

board and approval by a majority of the qualified electors voting either at a special

election held by the governing board in a manner prescribed by law, or at a regularly

scheduled election for the nomination or election of the members of the governing

board. Such approval by a majority of the qualified electors voting shall be for a

specific amount in excess of the expenditure limitation, and such approval must occur

prior to the fiscal year in which the expenditure limitation is to be exceeded. Any

expenditures in excess of the expenditure limitation, as authorized by this subdivision,

shall not affect the determination of the expenditure limitation pursuant to subsection (1)

of this section, in subsequent years.

(3) As used in this section:

(a) "Base limit" means the amount of actual payments of local revenues for

fiscal year 1979-1980 as used to determine the expenditure limitation pursuant to

subsection (1) of this section.

(b) "Cost of living" means either:

(i) The price of goods and services as measured by the implicit price deflator

for the gross national product or its successor as reported by the United States

department of commerce or its successor agency.

(ii) A different measure or index of the cost of living adopted at the direction of

the legislature, by concurrent resolution, upon affirmative vote of two-thirds of the

membership of each house of the legislature. Such measure or index shall apply for.62

subsequent fiscal years, except it shall not apply for the fiscal year following the

adoption of such measure or index if the measure or index is adopted after March 1 of

the preceding fiscal year.

(c) "Expenditure" means any authorization for the payment of local revenues.

(d) "Local revenues" includes all monies, revenues, funds, fees, fines, penalties,

tuitions, property and receipts of any kind whatsoever received by or for the account of

a political subdivision or any of its agencies, departments, offices, boards, commissions,

authorities, councils and institutions, except:

(i) Any amounts or property received from the issuance or incurrence of bonds

or other lawful long-term obligations issued or incurred for a specific purpose, or

collected or segregated to make payments or deposits required by a contract

concerning such bonds or obligations. For the purpose of this subdivision long-term

obligations shall not include warrants issued in the ordinary course of operation or

registered for payment, by a political subdivision.

(ii) Any amounts or property received as payment of dividends or interest, or

any gain on the sale or redemption of investment securities, the purchase of which is

authorized by law.

(iii) Any amounts or property received by a political subdivision in the capacity

of trustee, custodian or agent.

(iv) Any amounts received as grants and aid of any type received from the

federal government or any of its agencies.

(v) Any amounts received as grants, aid, contributions or gifts of any type

except amounts received directly or indirectly in lieu of taxes received directly or

indirectly from any private agency or organization or any individual.

(vi) Any amounts received from the state which are included within the

appropriation limitation prescribed in section 17 of this article.

(vii) Any amounts received pursuant to a transfer during a fiscal year from

another agency, department, office, board, commission, authority, council or institution

of the same political subdivision which were included as local revenues for such fiscal

year or which are excluded from local revenue under other provisions of this section.

(viii) Any amounts or property accumulated for the purpose of purchasing land,

buildings or improvements or constructing buildings or improvements, if such

accumulation and purpose have been approved by the voters of the political subdivision.

(ix) Any amounts received pursuant to section 14 of this article which are

greater than the amount received in fiscal year 1979-1980.

(x) Any amounts received in return for goods or services pursuant to a contract

with another political subdivision, school district, community college district or the state,

and expended by the other political subdivision, school district, community college

district or the state pursuant to the expenditure limitation in effect when the amounts are

expended by the other political subdivision, school district, community college district or

the state..63

(xi) Any amounts expended for the construction, reconstruction, operation or

maintenance of a hospital financially supported by a city or town prior to January 1,

1980.

(xii) Any amounts or property collected to pay the principal of and interest on

any warrants issued by a political subdivision and outstanding as of July 1, 1979.

(xiii) Any amounts received during a fiscal year as refunds, reimbursements or

other recoveries of amounts expended which were applied against the expenditure

limitation for such fiscal year or which were excluded from local revenues under other

provisions of this subsection.

(xiv) Any amounts received collected by the counties for distribution to school

districts pursuant to state law.

(e) "Political subdivision" means any county, city or town. This definition applies

only to this section and does not otherwise modify the commonly accepted definition of

political subdivision.

(f) "Population" means either:

(i) The periodic census conducted by the United States department of

commerce or its successor agency, or the annual update of such census by the

department of economic security or its successor agency.

(ii) A different measure or index of population adopted at the direction of the

legislature, by concurrent resolution, upon affirmative vote of two-thirds of the

membership of each house of the legislature. Such measure or index shall apply for

subsequent fiscal years, except it shall not apply for the fiscal year following the

adoption of such measure or index if the measure or index is adopted after March 1 of

the preceding fiscal year.

(4) The economic estimates commission shall adjust the base limit to reflect

subsequent transfers of all or any part of the cost of providing a governmental function,

in a manner prescribed by law. The adjustment provided for in this subsection shall be

used in determining the expenditure limitation pursuant to subsection (1) of this section

beginning with the fiscal year immediately following the transfer.

(5) The economic estimates commission shall adjust the base limit to reflect any

subsequent annexation, creation of a new political subdivision, consolidation or change

in the boundaries of a political subdivision, in a manner prescribed by law. The

adjustment provided for in this subsection shall be used in determining the expenditure

limitation pursuant to subsection (1) of this section beginning with the fiscal year

immediately following the annexation, creation of a new political subdivision,

consolidation or change in the boundaries of a political subdivision.

(6) Any political subdivision may adjust the base limit by the affirmative vote of

two-thirds of the members of the governing board or by initiative, in the manner

provided by law, and in either instance by approval of the proposed adjustment by a

majority of the qualified electors voting at a regularly scheduled general election or at a

nonpartisan election held for the nomination or election of the members of the governing

board. The impact of the modification of the expenditure limitation shall appear on the

ballot and in publicity pamphlets, as provided by law. Any adjustment, pursuant to this.64

subsection, of the base limit shall be used in determining the expenditure limitation

pursuant to subsection (1) of this section beginning with the fiscal year immediately

following the approval, as provided by law.

(7) The legislature shall provide for expenditure limitations for such special

districts as it deems necessary.

(8) The legislature shall establish by law a uniform reporting system for all

political subdivisions or special districts subject to an expenditure limitation pursuant to

this section to insure compliance with this section. The legislature shall establish by law

sanctions and penalties for failure to comply with this section.

(9) Subsection (1) of this section does not apply to a city or town which at a

regularly scheduled election for the nomination or election of members of the governing

board of the city or town adopts an expenditure limitation pursuant to this subsection

different from the expenditure limitation prescribed by subsection (1) of this

section. The governing board of a city or town may by a two-thirds vote provide for

referral of an alternative expenditure limitation or the qualified electors may by initiative,

in the manner provided by law, propose an alternative expenditure limitation. In a

manner provided by law, the impact of the alternative expenditure limitation shall be

compared to the impact of the expenditure limitation prescribed by subsection (1) of this

section, and the comparison shall appear on the ballot and in publicity pamphlets. If a

majority of the qualified electors voting on such issue vote in favor of the alternative

expenditure limitation, such limitation shall apply to the city or town. If more than one

alternative expenditure limitation is on the ballot and more than one alternative

expenditure limitation is approved by the voters, the alternative expenditure limitation

receiving the highest number of votes shall apply to such city or town. If an alternative

expenditure limitation is adopted, it shall apply for the four succeeding fiscal

years. Following the fourth succeeding fiscal year, the expenditure limitation prescribed

by subsection (1) of this section shall become the expenditure limitation for the city or

town unless an alternative expenditure limitation is approved as provided in this

subsection. If a majority of the qualified electors voting on such issue vote against an

alternative expenditure limitation, the expenditure limitation prescribed pursuant to

subsection (1) of this section shall apply to the city or town, and no new alternative

expenditure limitation may be submitted to the voters for a period of at least two

years. If an alternative expenditure limitation is adopted pursuant to this subsection, the

city or town may not conduct an override election provided for in section 19, subsection

(4) of this article, during the time period in which the alternative expenditure limitation is

in effect.

(10) This section does not apply to any political subdivision until the fiscal year

immediately following the first regularly scheduled election after July 1, 1980 for the

nomination or election of the members of the governing board of such political

subdivision, except that a political subdivision, prior to the fiscal year during which the

spending limitation would first become effective, may modify the expenditure limitation

prescribed pursuant to subsection (1) of this section, by the provisions prescribed by.65

subsections (2) and (6) of this section, or may adopt an alternative expenditure limitation

pursuant to subsection (9) of this section.

A county may conduct a special election to exceed the expenditure limitation

prescribed pursuant to subsection (1) of this section for the fiscal years 1982-1983 and

1983-1984, on the first Tuesday after the first Monday in November in 1981.

(11) "City", as used in this article, means city or charter city.

21 Expenditure limitation; school districts and community college districts;

adjustments; reporting

Section 21.

(1) The economic estimates commission shall determine and publish prior to

April 1 of each year the expenditure limitation for the following fiscal year for each

community college district. The expenditure limitations shall be determined by adjusting

the amount of expenditures of local revenues for each such district for fiscal year 1979-

1980 to reflect the changes in the student population of each district and the cost of

living. The governing board of any community college district shall not authorize

expenditures of local revenues in excess of the limitation prescribed in this section,

except in the manner provided by law.

(2) The economic estimates commission shall determine and publish prior to

May 1 of each year the aggregate expenditure limitation for all school districts for the

following fiscal year. The aggregate expenditure limitation shall be determined by

adjusting the total amount of expenditures of local revenues for all school districts for

fiscal year 1979-1980 to reflect the changes in student population in the school districts

and the cost of living, and multiplying the result by 1.10. The aggregate expenditures of

local revenues for all school districts shall not exceed the limitation prescribed in this

section, except as provided in subsection (3) of this section.

(3) Expenditures in excess of the limitation determined pursuant to subsection

(2) of this section may be authorized for a single fiscal year upon affirmative vote of

two-thirds of the membership of each house of the legislature.

(4) As used in this section:

(a) "Cost of living" means either:

(i) The price of goods and services as measured by the implicit price deflator

for the gross national product or its successor as reported by the United States

department of commerce, or its successor agency.

(ii) A different measure or index of the cost of living adopted at the direction of

the legislature, by concurrent resolution, upon affirmative vote of two-thirds of the

membership of each house of the legislature. Such measure or index shall apply for

subsequent fiscal years, except it shall not apply for the fiscal year following the

adoption of such measure or index if the measure or index is adopted after March 1 of

the preceding fiscal year.

(b) "Expenditure" means any amounts budgeted to be paid from local revenues

as prescribed by law..66

(c) "Local revenues" includes all monies, revenues, funds, property and receipts

of any kind whatsoever received by or for the account of a school or community college

district or any of its agencies, departments, offices, boards, commissions, authorities,

councils and institutions, except:

(i) Any amounts or property received from the issuance or incurrence of bonds,

or other lawful long-term obligations issued or incurred for a specific purpose, or any

amounts or property collected or segregated to make payments or deposits required by

a contract concerning such bonds or obligations. For the purpose of this subdivision

long-term obligations shall not include warrants issued in the ordinary course of

operation or registered for payment by a political subdivision.

(ii) Any amounts or property received as payment of dividends and interest, or

any gain on the sale or redemption of investment securities, the purchase of which is

authorized by law.

(iii) Any amounts or property received by a school or community college

district in the capacity of trustee, custodian or agent.

(iv) Any amounts received as grants and aid of any type received from the

federal government or any of its agencies except school assistance in federally affected

areas.

(v) Any amounts or property received as grants, gifts, aid or contributions of

any type except amounts received directly or indirectly in lieu of taxes received directly

or indirectly from any private agency or organization, or any individual.

(vi) Any amounts received from the state for the purpose of purchasing land,

buildings or improvements or constructing buildings or improvements.

(vii) Any amounts received pursuant to a transfer during a fiscal year from

another agency, department, office, board, commission, authority, council or institution

of the same community college or school district which were included as local revenues

for such fiscal year or which are excluded from local revenue under other provisions of

this subsection.

(viii) Any amounts or property accumulated by a community college district for

the purpose of purchasing land, buildings or improvements or constructing buildings or

improvements.

(ix) Any amounts received in return for goods or services pursuant to a

contract with another political subdivision, school district, community college district or

the state and expended by the other political subdivision, school district, community

college district or the state pursuant to the expenditure limitation in effect when the

amounts are expended by the other political subdivision, school district, community

college district or the state.

(x) Any amounts received as tuition or fees directly or indirectly from any

public or private agency or organization or any individual.

(xi) Any ad valorem taxes received pursuant to an election to exceed the

limitation prescribed by section 19 of this article or for the purposes of funding

expenditures in excess of the expenditure limitations prescribed by subsection (7) of this

section..67

(xii) Any amounts received during a fiscal year as refunds, reimbursements or

other recoveries of amounts expended which were applied against the expenditure

limitation for such fiscal year or which were excluded from local revenues under other

provisions of this subsection.

(d) For the purpose of subsection (2) of this section, the following items are

also excluded from local revenues:

(i) Any amounts received as the proceeds from the sale, lease or rental of

school property as authorized by law.

(ii) Any amounts received from the capital levy as authorized by law.

(iii) Any amounts received from the acquisition, operation, or maintenance of

school services of a commercial nature which are entirely or predominantly self-supporting.

(iv) Any amounts received for the purpose of funding expenditures authorized

in the event of destruction of or damage to the facilities of a school district as authorized

by law.

(e) "Student population" means the number of actual, full-time or the equivalent

of actual full-time students enrolled in the school district or community college district

determined in a manner prescribed by law.

(5) The economic estimates commission shall adjust the amount of expenditures

of local revenues in fiscal year 1979-1980, as used to determine the expenditure

limitation pursuant to subsections (1) and (2) of this section, to reflect subsequent

transfers of all or any part of the cost of providing a governmental function, in a manner

prescribed by law. The adjustment provided for in this subsection shall be used in

determining the expenditure limitation pursuant to subsections (1) and (2) of this section

beginning with the fiscal year immediately following the transfer.

(6) The economic estimates commission shall adjust the amount of expenditures

of local revenues in fiscal year 1979-1980, as used to determine the expenditure

limitation pursuant to subsection (1) of this section, to reflect any subsequent annexation,

creation of a new district, consolidation or change in the boundaries of a district, in a

manner prescribed by law. The adjustment provided for in this subsection shall be used

in determining the expenditure limitation pursuant to subsection (1) of this section

beginning with the fiscal year immediately following the annexation, creation of a new

district, consolidation or change in the boundaries of a district.

(7) The legislature shall establish by law expenditure limitations for each school

district beginning with the fiscal year beginning July 1, 1980. Expenditures by a school

district in excess of such an expenditure limitation must be approved by a majority of the

electors voting on the excess expenditures.

(8) The legislature shall establish by law a uniform reporting system for districts

to insure compliance with this section. The legislature shall establish by law sanctions

and penalties for failure to comply with this section.

(9) This section is not effective for any community college district until the fiscal

year beginning July 1, 1981..68

(10) Subsections (2), (3), (5) and (6) of this section do not apply to school

districts until the fiscal year beginning July 1, 1981.

22 Vote required to increase state revenues; application; exceptions

Section (A) An act that provides for a net increase in state revenues, as

described in subsection B is effective on the affirmative vote of two-thirds of the

members of each house of the legislature. If the act receives such an affirmative vote, it

becomes effective immediately on the signature of the governor as provided by article

IV, part 1, section 1. If the governor vetoes the measure, it shall not become effective

unless it is approved by an affirmative vote of three-fourths of the members of each

house of the legislature.

(B) The requirements of this section apply to any act that provides for a net

increase in state revenues in the form of:

1. The imposition of any new tax.

2. An increase in a tax rate or rates.

3. A reduction or elimination of a tax deduction, exemption, exclusion, credit or

other tax exemption feature in computing tax liability.

4. An increase in a statutorily prescribed state fee or assessment or an increase

in a statutorily prescribed maximum limit for an administratively set fee.

5. The imposition of any new state fee or assessment or the authorization of any

new administratively set fee.

6. The elimination of an exemption from a statutorily prescribed state fee or

assessment.

7. A change in the allocation among the state, counties or cities of Arizona

transaction privilege, severance, jet fuel and use, rental occupancy, or other taxes.

8. Any combination of the elements described in paragraphs 1 through 7.

(C) This section does not apply to:

1. The effects of inflation, increasing assessed valuation or any other similar

effect that increases state revenue but is not caused by an affirmative act of the

legislature.

2. Fees and assessments that are authorized by statute, but are not prescribed

by formula, amount or limit, and are set by a state officer or agency.

3. Taxes, fees or assessments that are imposed by counties, cities, towns and

other political subdivisions of this state.

(D) Each act to which this section applies shall include a separate provision

describing the requirements for enactment prescribed by this section..69

Article 10 - STATE AND SCHOOL LANDS

1. Acceptance and holding of lands by state in trust

Section 1. All lands expressly transferred and confirmed to the state by the

provisions of the Enabling Act approved June 20, 1910, including all lands granted to

the state and all lands heretofore granted to the Territory of Arizona, and all lands

otherwise acquired by the state, shall be by the state accepted and held in trust to be

disposed of in whole or in part, only in manner as in the said Enabling Act and in this

Constitution provided, and for the several objects specified in the respective granting

and confirmatory provisions. The natural products and money proceeds of any of said

lands shall be subject to the same trusts as the lands producing the same.

2. Unauthorized disposition of land or proceeds as breach of trust

Section 2. Disposition of any of said lands, or of any money or thing of value

directly or indirectly derived therefrom, for any object other than that for which such

particular lands (or the lands from which such money or thing of value shall have been

derived) were granted or confirmed, or in any manner contrary to the provisions of the

said Enabling Act, shall be deemed a breach of trust.

3. Mortgage or other encumbrance; sale or lease at public auction

Section 3. No mortgage or other encumbrance of the said lands, or any part

thereof, shall be valid in favor of any person or for any purpose or under any

circumstances whatsoever. Said lands shall not be sold or leased, in whole or in part,

except to the highest and best bidder at a public auction to be held at the county seat of

the county wherein the lands to be affected, or the major portion thereof, shall lie, notice

of which public auction shall first have been duly given by advertisement, which shall set

forth the nature, time and place of the transaction to be had, with a full description of the

lands to be offered, and be published once each week for not less than ten successive

weeks in a newspaper of general circulation published regularly at the state capital, and

in that newspaper of like circulation which shall then be regularly published nearest to

the location of the lands so offered; nor shall any sale or contract for the sale of any

timber or other natural product of such lands be made, save at the place, in the manner,

and after the notice by publication provided for sales and leases of the lands

themselves. Nothing herein, or elsewhere in article X contained, shall prevent:

1. The leasing of any of the lands referred to in this article in such manner as the

legislature may prescribe, for grazing, agricultural, commercial and homesite purposes,

for a term of ten years or less, without advertisement;

2. The leasing of any of said lands, in such manner as the legislature may

prescribe, whether or not also leased for grazing and agricultural purposes, for mineral

purposes, other than for the exploration, development, and production of oil, gas and.70

other hydrocarbon substances, for a term of twenty years or less, without

advertisement, or,

3. The leasing of any of said lands, whether or not also leased for other

purposes, for the exploration, development, and production of oil, gas and other

hydrocarbon substances on, in or under said lands for an initial term of twenty (20)

years or less and as long thereafter as oil, gas or other hydrocarbon substance may be

procured therefrom in paying quantities, the leases to be made in any manner, with or

without advertisement, bidding, or appraisement, and under such terms and provisions,

as the Legislature may prescribe, the terms and provisions to include a reservation of a

royalty to the state of not less than twelve and one-half per cent of production.

4. Sale or other disposal; appraisal; minimum price; credit; passing of title

Section 4. All lands, lease-holds, timber, and other products of land, before

being offered, shall be appraised at their true value, and no sale or other disposal

thereof shall be made for a consideration less than the value so ascertained, nor in any

case less than the minimum price hereinafter fixed, nor upon credit unless accompanied

by ample security, and the legal title shall not be deemed to have passed until the

consideration shall have been paid.

5. Minimum price; relinquishment of lands to United States

Section 5. No lands shall be sold for less than three dollars per acre, and no

lands which are or shall be susceptible of irrigation under any projects now or hereafter

completed or adopted by the United States under legislation for the reclamation of

lands, or under any other project for the reclamation of lands, shall be sold at less than

twenty-five dollars per acre; Provided, that the state, at the request of the secretary of

the interior, shall from time to time relinquish such of its lands to the United States as at

any time are needed for irrigation works in connection with any such government

project, and other lands in lieu thereof shall be selected from lands of the character

named and in the manner prescribed in section twenty-four of the said Enabling Act.

6. Lands reserved by United States for development of water power

Section 6. No lands reserved and excepted of the lands granted to this state by

the United States, actually or prospectively valuable for the development of water

powers or power for hydro-electric use or transmission, which shall be ascertained and

designated by the secretary of the interior within five years after the proclamation of the

president declaring the admission of the state, shall be subject to any disposition

whatsoever by the state or by any officer of the state, and any conveyance or transfer of

such lands made within said five years shall be null and void..71

7. Establishment of permanent funds; segregation, investment and

distribution of monies

Section 7. A. A separate permanent fund shall be established for each of the

several objects for which the said grants are made and confirmed by the enabling act to

the state, and whenever any monies shall be in any manner derived from any of said

lands, the same shall be deposited by the state treasurer in the permanent fund

corresponding to the grant under which the particular land producing such monies was,

by the enabling act, conveyed or confirmed.

B. No monies shall ever be taken from one permanent fund for deposit in any

other, or for any object other than that for which the land producing the same was

granted or confirmed.

C. All such monies shall be invested in safe interest-bearing securities and

prudent equity securities consistent with the requirements of this section.

D. The legislature shall establish a board of investment to serve as trustees of

the permanent funds. The board shall provide for the management of the assets of the

funds consistent with the following conditions:

1. Not more than sixty per cent of a fund at cost may be invested in equities at

any time.

2. Equities that are eligible for purchase are restricted to stocks listed on any

national stock exchange or eligible for trading through the United States national

association of securities dealers automated quotation system, or successor institutions,

except as may be prohibited by general criteria or by a restriction on investment in a

specific security adopted pursuant to this subsection.

3. Not more than five per cent of all of the funds combined at cost may be

invested in equity securities issued by the same institution, agency or corporation, other

than securities issued as direct obligations of and fully guaranteed by the United States

government.

E. In making investments under this section the state treasurer and trustees shall

exercise the judgment and care under the prevailing circumstances that an institutional

investor of ordinary prudence, discretion and intelligence exercises in managing large

investments entrusted to it, not in regard to speculation, but in regard to the permanent

disposition of monies, considering the probable safety of capital as well as the probable

total rate of return over extended periods of time.

F. The earnings, interest, dividends and realized capital gains and losses from

investment of a permanent fund, shall be credited to that fund.

G. The board of investment shall determine the amount of the annual

distributions required by this section and allocate distributions pursuant to

law. Beginning July 1, 2000 and except as otherwise provided in this section, the

amount of the annual distribution from a permanent fund established pursuant to this

section is the amount determined by multiplying the following factors:

1. The average of the annual total rate of return for the immediately preceding

five complete fiscal years less the average of the annual percentage change in the GDP.72

price deflator, or a successor index, for the immediately preceding five complete fiscal

years. For purposes of this paragraph:

(a) "Annual total rate of return" means the quotient obtained by dividing the

amount credited to a fund pursuant to subsection F for a complete fiscal year, plus

unrealized capital gains and losses, by the average monthly market value of the fund for

that year.

(b) "GDP price deflator" means the gross domestic price deflator reported by

the United States department of commerce, bureau of economic analysis, or its

successor agency.

2. The average of the monthly market values of the fund for the immediately

preceding five complete fiscal years.

H. Notwithstanding any other provision of this section, the annual distribution

from the permanent funds for fiscal years 1999-2000 through 2002-2003 shall be as

follows:

1. For fiscal year 1999-2000, the greater of five per cent of the average of the

monthly market values of the funds for fiscal years 1994-1995 through 1998-1999 or

the average of actual annual distributions for fiscal years 1994-1995 through 1998-

1999.

2. For fiscal years 2000-2001 through 2002-2003, the greater of the average

of the actual annual distributions for the immediately preceding five complete fiscal years

or the amount of the distribution required by subsection G.

8. Conformity of contracts with enabling act

Section 8. Every sale, lease, conveyance, or contract of or concerning any of

the lands granted or confirmed, or the use thereof or the natural products thereof made

to this state by the said Enabling Act, not made in substantial conformity with the

provisions thereof, shall be null and void.

9. Sale or lease; conditions; limitations; lease prior to adoption of

constitution

Section 9. All lands expressly transferred and confirmed to the state, by the

provisions of the Enabling Act approved June 20, 1910, including all lands granted to

the state, and all lands heretofore granted to the territory of Arizona, and all lands

otherwise acquired by the state, may be sold or leased by the state in the manner, and

on the conditions, and with the limitations, prescribed by the said Enabling Act and this

Constitution, and as may be further prescribed by law; Provided, that the legislature

shall provide for the separate appraisement of the lands and of the improvements on

school and university lands which have been held under lease prior to the adoption of

this Constitution, and for reimbursement to the actual bona fide residents or lessees of

such lands upon which such improvements are situated, as prescribed by title 65, Civil

Code of Arizona, 1901, and in such cases only as permit reimbursements to lessees in

said title 65..73

10 Laws for sale or lease of state lands; protection of residents and

lessees

Section 10. The legislature shall provide by proper laws for the sale of all state

lands or the lease of such lands, and shall further provide by said laws for the protection

of the actual bona fide residents and lessees of said lands, whereby such residents and

lessees of said lands shall be protected in their rights to their improvements (including

water rights) in such manner that in case of lease to other parties the former lessee shall

be paid by the succeeding lessee the value of such improvements and rights and actual

bona fide residents and lessees shall have preference to a renewal of their leases at a

reassessed rental to be fixed as provided by law.

11 Maximum acreage allowed single purchaser

Section 11. No individual, corporation or association shall be allowed to

purchase more than one hundred sixty (160) acres of agricultural land or more than six

hundred forty (640) acres of grazing land.

Article 11 - EDUCATION

1. Public school system; education of pupils who are hearing and vision

impaired

Section 1. A. The legislature shall enact such laws as shall provide for the

establishment and maintenance of a general and uniform public school system, which

system shall include:

1. Kindergarten schools.

2. Common schools.

3. High schools.

4. Normal schools.

5. Industrial schools.

6. Universities, which shall include an agricultural college, a school of mines,

and such other technical schools as may be essential, until such time as it may be

deemed advisable to establish separate state institutions of such character.

B. The legislature shall also enact such laws as shall provide for the education

and care of pupils who are hearing and vision impaired.

2. Conduct and supervision of school system

Section 2. The general conduct and supervision of the public school system

shall be vested in a state board of education, a state superintendent of public instruction,.74

county school superintendents, and such governing boards for the state institutions as

may be provided by law.

3. State board of education; composition; powers and duties;

compensation

Section 3. The state board of education shall be composed of the following

members: the superintendent of public instruction, the president of a state university or a

state college, three lay members, a member of the state junior college board, a

superintendent of a high school district, a classroom teacher and a county school

superintendent. Each member, other than the superintendent of public instruction, to be

appointed by the governor with the consent of the senate in the manner prescribed by

law. The powers, duties, compensation and expenses, and the terms of office of the

board shall be such as may be prescribed by law.

4. State superintendent of public instruction; board membership; powers

and duties

Section 4. The state superintendent of public instruction shall be a member, and

secretary, of the state board of education, and, ex-officio, a member of any other board

having control of public instruction in any state institution. His powers and duties shall

be prescribed by law.

5. Regents of university and other governing boards; appointments by

governor; membership of governor on board of regents

Section 5. The regents of the university, and the governing boards of other state

educational institutions, shall be appointed by the governor with the consent of the

senate in the manner prescribed by law, except that the governor shall be, ex-officio, a