CHAPTER XV.1 THE INITIATIVE

1 Power of electors.

The qualified electors of this City shall have the power through the initiative to enact legislation to carry out or enforce the general powers of the City or of the City Council.

(Election of 11-9-1971)

2 Adoption of State law.

The applicable requirements, limitations and authorities of Article IV, Part 1, Section 1, of the Constitution of Arizona, as now constituted and hereafter amended, and the applicable provisions of Title 19, Chapter 1, Articles 1, 2, 3 and 4, Arizona Revised Statutes, as now constituted and hereafter amended, relating to the powers of initiative are hereby adopted as provisions of this Charter governing the manner of exercising the initiative powers herein reserved.

(Election of 11-9-1971; election of 9-11-2007, § 3)

3 Additional provisions.

In addition to the provisions of Section 2 hereof, the following provisions are adopted:

A.    Such number of the qualified electors as shall equal fifteen per centum of the total number of votes cast at the last preceding general City election at which a Mayor was elected may propose measures on City matters.

B.    An initiative petition shall be filed with the City Clerk within two years from the date on which the official number is assigned. If a petition is not filed prior to the end of this period, the petition shall be deemed expired and shall have no further effect. Signatures obtained more than six months prior to the date of filing shall be invalid and certified so by the Clerk.

C.    The City Clerk shall determine the validity of all initiative petitions, the signatures thereon and the qualifications of the signators regardless of the apparent sufficiency or insufficiency thereof.

D.    If the initiative petition accompanying the proposed ordinance is signed by qualified electors as required by subsection A of this Section, and contains a request that said ordinance be forthwith submitted to the vote of the people at the special election, then the Council shall either:

(1)    Pass said ordinance without alteration within twenty (20) days after the attachment of the City Clerk’s certificate to the sufficiency of the accompanying petition (subject to a referendary vote, under the provisions of Chapter XVI of this Charter); or

(2)    Within twenty-five (25) days after the City Clerk shall have attached to the petition accompanying such ordinance his certificate of sufficiency, the Council shall either proceed to call a special election at which said ordinance without alteration shall be submitted to a vote of the people, or if a regular City election is to be held within six months after the City Clerk shall have attached his certificate of sufficiency to the petition the Council may elect to place said ordinance on the ballot at that regular election. The date of any such special election shall be on the next consolidated election date that is no earlier than one hundred twenty (120) days after the call for such election by the Council.

E.    Amendments to this Charter proposed by initiative petitions shall not be adopted by the City Council but shall be submitted to a vote of the people either at a special election or at a regular City election as provided in subsection D(2) of this Section.

F.    The City Council, by the affirmative vote of two-thirds of its Members, may adopt ordinances implementing and clarifying the manner of exercising the initiative not in conflict with this Charter, the Arizona Constitution, and the Laws of Arizona.

(Election of 11-9-1971; election of 9-11-2007, § 3, eff. 9-27-2007)


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Editor’s noteThe section catchlines in ch. XV were added by the editor.

State Law referenceInitiative and referendum, A.R.S. § 19-101 et seq.