Props. 129, 132 that limit ballot measures pass; Prop. 128 fails

Arizona voters have decided the fate of three ballot measures that could limit future initiatives. One has failed and two passed according to the latest results Tuesday evening.

Propositions 128, 129 and 132 were all supported by groups that generally oppose ballot measures. And all three were opposed by groups that see voter initiatives as an important counterbalance to laws crafted by the state Legislature.

Proposition 128 was rejected by voters, according to the Associated Press. Propositions 129 and 132 passed, according to the AP. The news organization called the race for the final measure Tuesday evening.

Proposition 128 would have allowed lawmakers to change measures deemed unconstitutional. Proposition 129 requires initiatives to cover only one subject. And Proposition 132 requires 60% approval of voters for new taxes.

Proposition 128

Proposition 128, which voters rejected, would have allowed the Legislature to change ballot measures that voters approved, or to divert funds from them, if either the Arizona or U.S. Supreme Court determined a measure is unconstitutional.

In 1998, Arizona voters approved the Voter Protection Act. It prohibits lawmakers from changing measures passed by voters. The measure was prompted by a dispute over medical marijuana, which voters approved two years before the Legislature reversed it.

The strict wording of the act makes it challenging to alter voter-approved laws even when there is bipartisan agreement that a change is needed.

The Voter Protection Act says that the Legislature can only amend voterapproved laws if the changes further the purpose of the measure, and those changes also must receive support from 75% of the members in both chambers of the Legislature.

Proposition 129

Proposition 129 will require future voter initiatives to cover only one subject and require a description of that subject in the title. Any portion of such an initiative not addressed in the title is void, even if approved by voters.

Many voter initiatives have dealt with multiple issues because it often costs a significant amount of money to qualify for the ballot, and some issues are closely related.

For example, the 2016 ballot measure that raised the minimum wage also included provisions for expanding sick leave for workers.

The 2020 ballot measure that legalized marijuana use for adults included provisions to erase criminal records for people with low-level marijuana charges, and also created a new licensing system for marijuana shops run by people harmed by the war on drugs.

Proposition 132

The third measure, Proposition 132, will require 60% of voters to approve any new tax via a ballot measure.

Supporters, including Republican Gov. Doug Ducey, noted that lawmakers must have a two-thirds vote to approve new taxes when they vote on such matters in the Legislature.

But opponents said it could result in minority rule, where 41% of voters could block legislation dealing with the wide array of issues that rely on tax dollars.