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Measure would allow Legislature to amend unconstitutional voter-approved initiatives

Voters in November will consider , which would allow the state Legislature to amend or repeal a voter-approved ballot initiative if the Arizona Supreme Court or the U.S. Supreme court declared a portion of it unconstitutional or invalid.

Due to 1998鈥檚 , also known as the Voter Protection Act, voter-approved initiatives are nearly impossible to alter. The act, which passed with 53% support, prohibits the Legislature from amending or repealing voter-approved ballot initiatives and referendums unless it can secure a three-fourths majority vote and 鈥渇urther the purpose鈥 of the underlying measure. 

In arguments for Proposition 128 by the Secretary of State鈥檚 Office, the Arizona business community lined up in support of the measure for permitting the ability to correct illegal or unconstitutional language.

鈥淯nder current law, the state legislature is powerless to correct the illegal or unconstitutional language,鈥 said Suzanne Kinney, president & CEO of the Arizona Chapter of NAIOP, a commercial real estate advocacy group. 鈥淭his means that proponents of the proposition may have to go back to the drawing board, starting over with the entire costly and lengthy process of getting a new initiative on the ballot in the next election. During the interim, the measure previously approved by voters would not be in effect.鈥

Scot Mussi, president of the Arizona Free Enterprise Club, and Roy Tatem, Jr. of the East Valley chapter of the NAACP, Proposition 128 recently. 

鈥淩ight now, there鈥檚 no mechanism in place if a measure is found to contain illegal or unconstitutional language, absent trying to perhaps maybe go back to the voters which could cost a lot of money,鈥 Mussi said, noting that going back to voters could take 鈥測ears.鈥 

Tatem countered, saying the proposition is 鈥渢oo ambiguous.鈥

Also in support of the proposition is the Arizona Chamber of Commerce & Industry. 

鈥淧roposition 128 ensures the Legislature can correct the mistakes of out-of-state special interests using our ballot box to impose their views on Arizona,鈥 Chamber President and CEO Danny Seiden said. 鈥淧reserving the power of the people is core to our democracy, but if language is enacted that is clearly in violation of the law or state Constitution then we must allow a path for our elected policymakers to correct course.鈥

Humaira Zafari

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