Arizona voters reject Props 136, 137, and 138: AP projection

PHOENIX - The Associated Press is projecting a defeat for three Arizona ballot measures that deal with ballot initiatives, judicial terms, and tipped workers.

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

According to the proposition's analysis by the state Legislative Council, the measure would have amended 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, would have made 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.

Had voters approved the measure, the results of this year's judicial retention election would have been nullified.

Proposition 138 - Tipped Workers Protection Act

The measure, according to its analysis, would have amended the state's constitution by adding a provision that regulates pay for tipped workers.

Had voters approved the measure, employers would have been allowed 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.