Arizona waits for ballot measure results as votes are being counted | 2024 Election

Arizonans voting on multiple ballot measures

Besides races for the presidency and Congress, voters in Arizona will decide on some crucial ballot measures, and they involve abortion access and immigration. FOX 10 Investigator Justin Lum has more.

PHOENIX - This election day, voters in Arizona will get to decide on a number of statewide ballot measures, some of which could have an impact on people's lives in the years to come.

Here's a look at the measures that Arizonans are voting on.

Proposition 133 - Political primaries

Per the Arizona 2024 General Election Publicity Pamphlet, Proposition 133 aims to change the state's constitution with regards to how primary elections are run in the state.

If voters approve the measure, each political party that qualifies for the ballot "shall be permitted to nominate for each office a number of candidates equal to the number of positions to be filled for that office in the ensuing general election, and all otherwise eligible candidates who are so nominated shall be placed on the ballot in the next ensuing general election."

The measure also effectively bans any towns and cities in the state from having a different direct primary system, because the measure specifically states it "supersedes any contrary or inconsistent provision of any charger, law, ordinance, rule, resolution or policy of and city." Arizona's constitution currently allows a city or town that has adopted a charter form of government to "enact and implement laws for the selection of its governing officers that may conflict with the state election laws."

Proposition 134 - Initiative signature requirements

According to an analysis by the Legislative Council, the measure aims to change the signature requirements for initiative and referendum measures to the following:

Constitutional amendments: At least 15% of qualified electors in each of the state's 30 legislative districts.
Statutory amendments: At least 10% of qualified electors in each of the state's 30 legislative districts.
Referendums: At least 5% of qualified electors in each of the state's 30 legislative districts.

The analysis states that under current rule, the same requirements apply, but on a statewide basis and without regard to where the qualified elector lives within Arizona.

Proposition 135 - Governor's emergency powers

According to the publicity pamphlet, Prop 135 would specify that the emergency powers granted to the state's governor during a state of emergency, except for "powers related to a state of war emergency or an emergency arising from a flood or fire," would terminate 30 days after the state of emergency was proclaimed, unless the state legislature extends the emergency powers via a concurrent resolution.

The analysis for this measure states that currently, Arizona's governor is allowed to declare a state of emergency "if the Governor finds that a disaster or other extreme peril threatens the safety of the people or property of this state."

Proposition 136 - Allowing legal challenges to ballot measures before the election

According to the proposition's analysis, the measure will amend the state's constitution and allow a person to challenge a ballot measure's constitutionality at least 100 days before the day when voters will decide on the measure or measures in question.

The analysis states that currently, the courts "generally may not adjudicate challenges to the constitutionality of an initiative measure until after the initiative measure is enacted by the voters."

Proposition 137 - Judicial Accountability Act

The measure, per its analysis, proposes a number of revisions to the state constitution, including:

Allowing state justices and judges appointed via the merit selection process who have not reached the mandatory retirement age of 70 to serve "during good behavior."
No more automatic retention vote for justices and judges appointed via the merit selection process.
An expanded Judicial Performance Review Commission that includes a member appointed by the Arizona State House and the Arizona State Senate.
A requirement for the JPR Commission, on the written request of a state legislator, to investigate allegations that a judge or justice "engaged in a pattern of malfeasance in office," and determine that such judge or justice did not meet judicial performance standards if it is found that the pattern of malfeasance had occurred.

If voters approve the measure, the results of this year's judicial retention election will be nullified.

Proposition 138 - Tipped Workers Protection Act

The measure, according to its analysis, would amend the state's constitution by adding a provision that regulates pay for tipped workers. If approved, it would allow employers to pay up to 25% per hour less than the minimum wage for employees who customarily and regularly receive tips or gratuities.

However, the employer will need to establish that the employee in question is paid at least the minimum wage plus $2 per hour, for all hours worked.

Currently, the analysis states that employers can pay tipped employees up to $3 less than minimum wage, when it is established that when adding tips or gratuities to wages, the tipped workers was paid at least the minimum wage for all hours worked.

Proposition 139 - Arizona Abortion Access Act

The measure, if approved by voters, will place a "fundamental right to abortion" in the state's constitution.

Besides declaring a fundamental right to abortion for every individual, the ballot measure also aims to ban the state from the following:

Denying, restricting, or interfering with abortion rights before fetal viability, "unless justified by a compelling state interest that is achieved by the least restrictive means."
Denying, restricting or interfering with an abortion that takes place after fetal viability that, "in the good faith judgment of a treating health care professional, is necessary to protect the life or mental health of the pregnant individual."
Penalizing any individual or entity for "aiding or assisting a pregnant individual in exercising the individual's right to abortion."

According to an article published on the National Library of Medicine's website, 24 weeks is considered to be the threshold for fetal viability in the United States.

Proposition 140 - Make Elections Fair Arizona Act

The measure aims to amend the state's constitution by changing the way primary and general elections are conducted.

If approved by voters, the measure will mandate that all qualified candidates for an elected office will be placed on the same primary ballot, regardless of their political affiliation, and all qualified voters may vote in the primary, regardless of their political party affiliation.

Following a primary election, the number of candidates who can advance to the general election will differ, depending on how many seats are up for election for a particular office, without regard to political party affiliations or a lack thereof:

One seat: No less than two and no more than five
Two seats: No less than four and no more than seven
Three seats: No less than six and no more than eight

The measure also states if state lawmakers do not pass a law to determine the actual number of candidates who will advance to the general election that takes effect on or before Nov. 1, 2025, the Secretary of State will determine the number of candidates for each office who will advance to the general election, consistent with the rules set forth in the ballot measure.

As for the general election, the following rules will apply:

One-seat race with only two candidates: The candidate who gets the majority of votes cast wins the seat
One-seat race with three or more candidates: Voter ranking will be used to determine the winner

"This process, at a minimum, shall allow a voter to rank all candidates for an office in order of the voter's preference," read a portion of the ballot measure with regards to voter ranking.

Proposition 311 - Back The Blue Act

If approved by voters, the analysis for Prop 311 states the measure would establish a new state law that provides a death benefit of $250,000 for the surviving spouse or children of a first responder "who is killed in the line of duty as the result of another person's criminal act."

"Proposition 311 would establish a $20 penalty fee on every criminal conviction to provide funding for the new state death benefit. The new state death benefit and penalty fee would begin on July 1, 2025. The state death benefit and penalty fee would be repealed on January 1, 2033," read a portion of the analysis.

The analysis also states that the criminal punishment for aggravated assault against peace officers will be increased until Jan. 1, 2033, and first responders will be included in the list of possible victims for the crime.

Proposition 312 - Property tax refund

The analysis states the measure, if approved by voters, would allow a property owner to apply for a once-per-year refund for "documented, reasonable expenses" incurred for the following reasons:

Mitigating the effects of a city, town, or county maintaining a public nuisance on the property owner's real property
Mitigating the effects of a city, town or county adopting and following "a policy, pattern or practice that declines to enforce existing laws prohibiting illegal camping, obstructing a public thoroughfare, loitering, panhandling, urinating or defecating in public, consuming alcoholic beverages in public or possessing or using illegal substances and the property owner incurs documented expenses to mitigate the effects of the policy, pattern, practice or public nuisance on their real property."

Proposition 313 - Increased punishment for child sex trafficking

Per the publicity pamphlet, the measure aims to revise Arizona law by increasing the penalty of those convicted of class 2 felony for child sex trafficking to life in prison, without the possibility of parole.

"Under current law, child sex trafficking is classified as a class 2 or a class 5 felony. Depending on the age of the victim, the nature of the offense and whether a person has previously been convicted of child sex trafficking or certain other felonies, a person who is convicted of a class 2 felony for child sex trafficking may serve a sentence that ranges from a minimum of seven years in prison to the remainder of the person's natural life without any form of release," read a portion of the Legislative Council's analysis on the measure.

Proposition 314 - Secure the Border Act

Per an analysis by the Legislative Council, the ballot measure aims to make changes to the Arizona Revised Statutes by:

Creating a new a class 6 felony law that bans a natural person who is not in the country legally from "knowingly submitting false documentation when applying for a federal, state or local public benefit." According to the Cornell Law School's Legal Information Institute (LII), "natural person" is a legal term for a living human being.
Creating a new crime that bans a natural person who is not in the country legally from "knowingly submitting false information or documents to an employer to evade detection for employment eligibility under the E-Verify program."
Creating a new crime that bans a person who is at least 18 years old from "knowingly selling fentanyl in violation of the current drug laws if the person knows the drug sold contains fentanyl and the fentanyl causes the death of another person."
Creating a new crime that bans a person who is an alien from "entering or attempting to enter this state directly from a foreign nation at any location that is not a lawful port of entry." Alien is defined by the LII as a legal term that refers to anyone who is not a U.S. citizen or a U.S. national.
Creating a new crime that bans a person who is an alien from "[entering] this state at a location other than a lawful port of entry and refuses to comply with an order to return to a foreign nation or the alien's nation of origin."

Proposition 315 - Rulemaking reform

The measure, according to its analysis, deals with the process in which state agencies adopt rules.

If approved by voters, a state agency would be required to submit for review a proposed rule "that is estimated to increase regulatory costs in Arizona by more than $100,000 within five years after implementation."

"If [the Office of Economic Opportunity] finds that the proposed rule is estimated to increase regulatory costs in Arizona by more than $500,000 within five years after implementation, the proposed rule would not become effective until legislation is enacted to ratify the proposed rule," read a portion of the analysis.

Currently, the analysis states that a state agency seeking to propose a rule needs to open a rulemaking docket as a way to notify the public of the proposed rulemaking.

"The state agency is required to accept comments on the proposed rule for at least 30 days before submitting the final rule to the Governor’s Regulatory Review Council (GRRC) for approval," read a portion of the analysis. "The Administrative Rules Oversight Committee (AROC) may also review any rulemaking action to ensure conformity with statute and legislative intent. AROC may comment and designate a representative to testify to GRRC on whether the rule is consistent with statute or legislative intent. GRRC is required to consider the comments and testimony
AROC and may review and approve the rule or return the rule."

Proposition 479 - Maricopa County transportation sale tax extension

(From File)

The measure is specific to Maricopa County voters.

If approved by voters there, the measure will extend a half-cent sales tax for another 20 years, until Dec. 31, 2045.

"This excise (sales) tax revenue would be used to build new freeways, widen existing freeways and highways, expand and rehabilitate the region’s arterial ‘grid’ street system, expand regional bus services, provide Americans with Disabilities Act (ADA) paratransit services, and expand the region’s high-capacity transit system," read a portion of the pamphlet.

This is not a new tax that is being proposed, as people in Maricopa County have been paying the tax since the mid-1980s.