Constitution Arizona

Preamble

We the people of the State of Arizona, grateful to Almighty God for our liberties, do

ordain this Constitution.

ARTICLE I. STATE BOUNDARIES

1. Designation of boundaries

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 onehundredths

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 thirtyone

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 onehundredths

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.

ARTICLE II. 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.

2.1. 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.

(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.

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.

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.

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. A. All persons charged with crime shall be bailable by sufficient

sureties, except:

1. For capital offenses, sexual assault, sexual conduct with a minor under fifteen

years of age or molestation of a child under fifteen years of age when the proof is

evident or the presumption great.

2. For 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. For 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.

4. For serious felony offenses as prescribed by the legislature if the person

charged has entered or remained in the United States illegally and if the proof is

evident or the presumption great as to the present charge.

B. The purposes of bail and any conditions of release that are set by a judicial

officer include:

1. Assuring the appearance of the accused.

2. Protecting against the intimidation of witnesses.

3. Protecting the safety of the victim, any other person or the community.

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 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.

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.

35. Actions by illegal aliens prohibited

Section 35. A person who is present in this state in violation of federal immigration law

related to improper entry by an alien shall not be awarded punitive damages in any action

in any court in this state.

ARTICLE III. DISTRIBUTION OF POWERS

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 IV. LEGISLATIVE DEPARTMENT

PART 1. INITIATIVE AND REFERENDUM

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 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 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.

(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, selfexecuting.

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.

PART 2. THE LEGISLATURE

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 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 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:

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.

(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 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.

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 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 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.

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 V. 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.

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.

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.

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.

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

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 VI. 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.

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.

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.

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. 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.

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 entitled to receive 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 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.

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.

29. Repeal

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. A. 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, except that justices of the peace pro tempore shall

have the same qualifications as justices of the peace and do not have to reside in the

precinct in which the justice of the peace pro tempore is appointed to serve.

B. When serving, any such person shall have all the judicial powers of a regular elected

judge of the court to which the person 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. 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 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 twentyone

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 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.

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.

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.

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

Section 41. 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 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.

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

Section 42. 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 VI.I

ARTICLE VI.I. COMMISSION ON 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.

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.

Article VI.I

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 VII. 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

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

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.

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 VIII

PART 1. RECALL OF PUBLIC OFFICERS

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 twentyfive

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 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 shall

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

special election campaign expenses of such officer.

PART 2. IMPEACHMENT

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 IX. PUBLIC DEBT, 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 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-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 nonserviceconnected

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.

(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 selfexecuting.

(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.

2.1. 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 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.

2.3. 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

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

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, public safety, law enforcement, fire

and emergency services facilities and streets and transportation facilities.

(2) The provisions of section 18, subsections (3), (4), (5) and (6) of this article shall not

apply to this section.

8.1. 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.

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, materials and products of manufacturers; production livestock and

animals; tax exemption

Section 13. No tax shall be levied on:

1. 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 combinations, which materials, parts, work in

process or finished products are not consigned or billed to any other party.

2. Livestock, poultry, aquatic animals and honeybees owned by a person who is

principally engaged in agricultural production, subject to such conditions as may be

prescribed by law.

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.

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.

(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 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.

(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. To be eligible for the

property valuation protection option, the resident shall make application and furnish

documentation required by the assessor on or before September 1. If the resident fails to

file the application on or before September 1, the assessor shall process the application

for the subsequent year. If the resident files an application with the assessor on or before

September 1, the assessor shall notify the resident whether the application is accepted or

denied on or before December 1. 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(b)(1) 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(b)(1) 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

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 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, except that beginning in 2007 the

limitation prescribed by subsection (1) shall be computed from the actual tax levy

of the county, city, town or community college district in 2005.

(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

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

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.

(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 twothirds

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 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

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 limitations for school districts and community college districts

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 by the legislature for a single fiscal year, by concurrent

resolution, 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.

(c) "Local revenues" includes all monies, revenues, funds, property and receipts of any

kind whatsoever received by or for the account of a school district 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 district 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 district 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.

(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 of school districts:

(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.

(v) Any revenues derived from an additional state transaction privilege tax rate increment

for educational purposes that was authorized by the voters before January 1, 2001.

(vi) Any amounts received pursuant to article XI, section 8, Constitution of Arizona, that

are approved by the majority of qualified voters at a statewide general election held after

November 1, 2002, and before January 1, 2003.

(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 subsection (1) or (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 subsection (1) or (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 of a

community college district 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 school districts

and community college districts to ensure compliance with this section. The legislature

shall establish by law sanctions and penalties for failure to comply with this section.

22. Vote required to increase state revenues; application; exceptions

Section 22. (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.

23. Expenditures required by initiative or referendum; funding source

Section 23. (A) An initiative or referendum measure that proposes a mandatory

expenditure of state revenues for any purpose, establishes a fund for any specific purpose

or allocates funding for any specific purpose must also provide for an increased source of

revenues sufficient to cover the entire immediate and future costs of the proposal. The

increased revenues may not be derived from the state general fund or reduce or cause a

reduction in general fund revenues.

(B) If the identified revenue source provided pursuant to subsection A in any fiscal year

fails to fund the entire mandated expenditure for that fiscal year, the legislature may

reduce the expenditure of state revenues for that purpose in that fiscal year to the amount

of funding supplied by the identified revenue source.

24. Prohibition of new real property sale or transfer taxes

Section 24. The state, any county, city, town, municipality or other political subdivision

of the state, or any district created by law with authority to impose any tax, fee, stamp

requirement or other assessment, shall not impose any new tax, fee, stamp requirement or

other assessment, direct or indirect, on the act or privilege of selling, purchasing,

granting, assigning, transferring, receiving, or otherwise conveying any interest in real

property. This section does not apply to any tax, fee, or other assessment in existence on

December 31, 2007.

ARTICLE X. 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 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.

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 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.

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 XI. 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, 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, four lay members, a president or chancellor of a community college district, a

person who is an owner or administrator of a charter school, a superintendent of a high

school district, a classroom teacher and a county school superintendent. Each member,

other than the superintendent of public instruction, shall 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 member

of the board of regents of the university.

6. Admission of students of both sexes to state educational institutions; tuition; common

school system

Section 6. The university and all other state educational institutions shall be open to

students of both sexes, and the instruction furnished shall be as nearly free as possible.

The legislature shall provide for a system of common schools by which a free school

shall be established and maintained in every school district for at least six months in each

year, which school shall be open to all pupils between the ages of six and twenty-one

years.

7. Sectarian instruction; religious or political test or qualification

Section 7. No sectarian instruction shall be imparted in any school or state educational

institution that may be established under this Constitution, and no religious or political

test or qualification shall ever be required as a condition of admission into any public

educational institution of the state, as teacher, student, or pupil; but the liberty of

conscience hereby secured shall not be so construed as to justify practices or conduct

inconsistent with the good order, peace, morality, or safety of the state, or with the rights

of others.