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§ 41-563.03 Proposals for permanent adjustment of expenditure limitation and alternative expenditure limitations; review by auditor general; form of ballot

AZ Rev Stat § 41-563.03 (2019) (N/A)
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41-563.03. Proposals for permanent adjustment of expenditure limitation and alternative expenditure limitations; review by auditor general; form of ballot

A. Except as otherwise provided in this section, any use of the initiative process for the purpose of permanently adjusting the expenditure limitation of any political subdivision pursuant to article IX, section 20, subsection (6), Constitution of Arizona, or for the purpose of proposing an alternative expenditure limitation pursuant to article IX, section 20, subsection (9), Constitution of Arizona, shall as nearly as practicable conform to the requirements of title 19, chapter 1, article 4.

B. In addition to the provisions for publicity pamphlets prescribed in section 19-123, for the purposes of article IX, section 20, subsection (6), Constitution of Arizona, such pamphlets shall also contain the following:

1. The date of the election.

2. Polling places and the time such polling places are open.

3. A summary of the amount of the adjustment to the expenditure limitation determined pursuant to article IX, section 20, Constitution of Arizona, as reviewed by the auditor general.

4. A summary of the source or sources of estimated revenues that are to be used for financing the adjustment to the expenditure limitation or the source or sources of estimated revenues to be reduced as a result of a downward adjustment of the expenditure limitation, as reviewed by the auditor general.

5. A statement of the purpose or purposes for which the adjustment to the expenditure limitation is to be made.

C. In addition to the provisions for publicity pamphlets prescribed in section 19-123, for the purpose of article IX, section 20, subsection (9), Constitution of Arizona, such pamphlets shall also contain the following:

1. The date of the election.

2. Polling places and the time such polling places are open.

3. A summary of the estimated total expenditures under any proposed expenditure limitation, including the expenditure limitation proposed by the state pursuant to article IX, section 20, Constitution of Arizona, for a period of four consecutive fiscal years, as reviewed by the auditor general.

4. A summary of the estimated amount of revenues from all sources from which any proposed expenditure limitation, including the expenditure limitation proposed by the state pursuant to article IX, section 20, Constitution of Arizona, shall be funded, for a period of four consecutive fiscal years, as reviewed by the auditor general.

5. A statement that if no alternative expenditure limitation is approved by a majority of the qualified electors voting at such election, the expenditure limitation prescribed by article IX, section 20, Constitution of Arizona, shall apply to the political subdivision.

D. For the purposes of subsection B of this section, the person, group or organization filing an initiative petition shall submit to the auditor general prior to printing the publicity pamphlet and at least sixty days prior to the election a detailed analysis of the proposed adjustment to the expenditure limitation, showing the specific area or areas in which expenditures are to be adjusted. The analysis shall contain specific amounts of estimated revenue from each source, and any assumptions used in estimating such revenue. A summary of the analysis shall also be prepared to be included in the publicity pamphlet prescribed in subsection B of this section. The auditor general may request additional information necessary to clarify or correct the submitted materials. The auditor general shall review the submitted materials, correcting any error or deficiency, and resubmit the analysis and summary to the governing board of the applicable political subdivision within fifteen working days. The person, group or organization submitting the analysis and summary shall also be notified by the auditor general within fifteen working days of any revision to the originally submitted analysis and summary. No revision may be made to the analysis or summary after review by the auditor general. The summary shall be printed as resubmitted by the auditor general in the publicity pamphlet as prescribed by subsection B of this section. The governing board shall transmit a copy of the printed publicity pamphlet to the auditor general before the election. The analysis as reviewed by the auditor general shall be held by the clerk of the board of supervisors in the case of counties or the city or town clerk in the case of cities and towns, copies of which may be obtained by any registered voter in the applicable political subdivision. For adjustments to the expenditure limitation proposed by the governing board of the applicable political subdivision, such governing board shall cause to be submitted to the auditor general an analysis as is described in this section.

E. For the purposes of subsection C of this section, the person, group or organization filing an initiative petition shall submit to the auditor general prior to printing the publicity pamphlet and at least sixty days prior to the election a detailed analysis of the alternative expenditure limitation proposed in the petition, showing specific amounts estimated to be expended in specific areas, for a period of four consecutive fiscal years. The analysis shall contain specific amounts of estimated revenue from each source, and any assumptions used in estimating such revenue, for a period of four consecutive fiscal years. A summary of the analysis shall also be prepared to be included in the publicity pamphlet prescribed in subsection C of this section. The auditor general may request additional information necessary to clarify or correct the submitted materials. The auditor general shall review the submitted materials, correcting any error or deficiency, and resubmit the analysis and summary to the governing board of the applicable political subdivision within fifteen working days. The person, group or organization submitting the analysis and summary shall also be notified by the auditor general within fifteen working days of any revision to the originally submitted analysis and summary. No revision may be made to the analysis or summary after review by the auditor general. The summary shall be printed as resubmitted by the auditor general in the publicity pamphlet as prescribed in subsection C of this section. The governing board shall transmit a copy of the printed publicity pamphlet to the auditor general before the election. The analysis as reviewed by the auditor general shall be held by the clerk of the board of supervisors in the case of counties or by the city or town clerk in the case of cities and towns, copies of which may be obtained by any registered voter in the applicable political subdivision. For any alternative expenditure limitations proposed by the governing board of the applicable political subdivision, such governing board shall submit the information required by this section to the auditor general. An analysis and summary of the expenditure limitation prescribed in article IX, section 20, Constitution of Arizona, as it applies to the applicable political subdivision, shall be submitted to the governing board of such political subdivision by the auditor general.

F. After the election the clerk of the board of supervisors or the city or town clerk shall immediately notify the auditor general and the economic estimates commission of the results of the election.

G. For any election called pursuant to article IX, section 20, subsection (6) or (9), Constitution of Arizona, the ballot shall be in the form prescribed by section 19-125, except that if more than one adjustment to the expenditure limitation or more than one alternative expenditure limitation is to be voted upon, the ballot shall be in a form so that the electors may vote on each adjustment to the expenditure limitation or each alternative expenditure limitation separately.

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§ 41-563.03 Proposals for permanent adjustment of expenditure limitation and alternative expenditure limitations; review by auditor general; form of ballot