confused? voting? read this.
Go vote! By the time this newsletter reaches you, election day will be upon us and it’s on you, lovely Rambutan Roundup subscribers, to fulfill your civic duty. Remember, the right to vote was hard fought and hard won, and we do a disservice to the people who came before us to not exercise our rights (unless you have had the right to vote since America came about, in which case, you have no obligations. Free reign!).
I did in fact attend some election related events this past month and I won’t bore you with the details. This is first, in the name of being objective, and second, not your business! I’ve already subtly expressed my views so that you can take my bias into consideration.
I voted… and got this great sticker.
Without further ado - here is a breakdown of the propositions that will be voted on during the 2024 election. I have included any additional pertinent information that may provide insight on some of these - in other words, I asked a former state employee what the people might be missing.
Proposition 133
“Require partisan primary elections for partisan offices and prohibit primary elections where all candidates, regardless of political party affiliation, run in the same primary election, such as top-two, top-four, and top-five primaries.”
What this means: This would only allow primary elections where candidates from the same party run against each other. This would not allow primary elections where candidates from all parties compete against each other (Prop 140). This means that there will always be a candidate from each party in the final.
Proposition 134
“Create a signature distribution requirement for citizen-initiated ballot measures based on state legislative districts.”
What this means: Require a certain number of signatures from all 30 districts in the state in order to get a proposition by citizens on the ballot. Currently, the constitution requires only a percentage of a total number of voters in the state, not percentages from each district. Think of the people who ask for signatures on college campuses, near malls, in public spaces, etc. Many other states have signature distribution requirements for citizen ballot measures, but most allow for lower percentages of voters and do not require all districts/counties to fulfill the signature requirement.
Proposition 135
“Provide for the legislature to terminate a state of emergency or alter the emergency powers of the governor during the state of emergency, and provide for any emergency powers granted to the governor to automatically terminate 30 days after the state of emergency is proclaimed, unless the state legislature extends the emergency powers granted to the governor, and except in cases for a state of war emergency or an emergency arising from a flood or a fire.”
What this means: Senate and House of Representatives can vote to stop a state of emergency or change the governor’s powers during the state of emergency. It would require ⅓ to pass. This proposition also would end the governor’s emergency powers after 30 days unless the Senate and House voted to continue them, unless it’s about war, flood or fire.
Former State employee says: “Note that disease is not one of these three.”
Proposition 136
“Provide for challenges to an initiative measure or constitutional amendment after the filing of the measure with the secretary of state.”
What this means: Anyone can legally challenge a measure or proposition going on the AZ ballot up to 100 days before the election for being unconstitutional. A superior court (trial court, first level) would review all of these and make a decision on whether the measure/proposition is unconstitutional. After this decision is made, anyone can appeal this again for up to 5 days.
Former State employee says: “This adds a lot more work to the trial courts when they are already extremely behind.”
Proposition 137
“End term limits for state supreme court justices and superior court judges, replacing them with terms of good behavior, unless decided otherwise by a judicial review commission, and would end retention elections at the end of the judicial term, providing for retention elections under certain circumstances.”
What this means: State supreme court justices and judges will not have term limits, similar to the federal supreme court. They will have their term ended if found guilty of a felony, a crime involving fraud/dishonesty, or if they have declared bankruptcy/foreclosure. Currently, state supreme court justices have terms of 6 years, and the judges have terms of 4 years.
Former state employee says: “Undecided on this - we see how the US Supreme court has played out, however, the entire reasoning behind no term limits is so that they are not tempted to take any bribes or monetary support to keep their position. Under normal circumstances it’s supposed to keep them nonpartisan.”
Prop 138 Billboard in Phoenix, AZ.
Proposition 138
“Allow for tipped workers to be paid 25% less per hour than the minimum wage provided that the worker's total compensation was not less than the minimum wage plus $2.”
What this means: Pretty straightforward. Currently, businesses can pay tipped workers $3 less than minimum as long as their take home pay with tips equals at least minimum wage.
Proposition 139
“Provide for a state constitutional right to abortion before fetal viability.”
What this means: Also straightforward, fetal viability means the point in pregnancy when the fetus has a chance to survive outside of the womb.This will be based on good faith judgment from health care professionals.
Sign promoting Prop 140 in Phoenix, AZ. (Sejal Govindarao, Associated Press.)
Proposition 140
“Require primaries in which candidates, regardless of partisan affiliation, appear on a single ballot and a certain number advance to the general election, and require general election candidates to receive a majority of votes.”
What this means: The exact opposite of Proposition 133. No primaries for solely Democrat or Republican parties where only registered members of each party can vote. All candidates will be grouped together in the primaries, which means that the top candidates for the finals will be the ones that receive the most votes.
Proposition 311
“Establish a $20 fee on every conviction for a criminal offense, which would go to pay a benefit of $250,000 to the family of a first responder who is killed in the line of duty.
What this means: Every person who is convicted of a crime pays $20 per conviction to a fund that pays out to the families of first responders. It does not matter whether the crime they committed was directly involved with the potential injury or death of any first responders.
Prop 312 signs on the side of the road in Phoenix, AZ.
Proposition 312
“Allow for property owners to apply for a property tax refund in certain circumstances, including in instances if the city or locality in which the property is located does not enforce laws regarding illegal camping, loitering, obstructing public thoroughfares, panhandling, public urination or defecation, public consumption of alcoholic beverages, and possession or use of illegal substances.”
What this means: If the state is unable to enforce laws on a citizen’s property, they will be able to file a tax refund. They can file for this once per year, for however much they paid in damages due to these laws not being enforced. They will need documentation of this, and the amount cannot exceed what they paid in property taxes for the previous year.
Former state employee says: “Reasonable in my eyes but I could see how there are several loopholes that could be taken advantage of.”
Proposition 313
“Require that anyone convicted of child sex trafficking must receive a sentence of life imprisonment.”
What this means: Very straightforward. They will not be eligible for parole or release. Currently, Arizona’s sentencing for child sex trafficking is the following for minors under 15. First offense/first felony: minimum 13 years. Second offense/prior felony conviction: minimum 25 years. Third offense/2 or more prior felony convictions: minimum 30 years.
Monica Villalobos speaking in opposition to Prop 314, Phoenix, AZ. (Ash Ponders, NPR)
Proposition 314
“Provide for several changes to criminal and immigration law, including allowing police to arrest noncitizens who enter Arizona from foreign countries at locations other than official ports.”
What this means: This essentially takes what is a federal problem and turns it into a state problem. State and local police will be able to arrest noncitizens who illegally cross the border, if they have probable cause. It also makes the sale of fentanyl a class 2 felony if the person knowingly sells it and it results in a death.
Former state employee says: “One good anecdote regarding the border is when former President Trump ordered the addition of shipping containers to the border in Arizona to build the wall. After he left office, the containers were then removed and used as cooling centers for the homeless, and it cost $20,000 a week to run these in the summer. I suppose if he wins in 2024, those containers are going right back up on the wall. This is all to say that the border should stay a federal issue. Above, I mentioned that the courts are already extremely backed up post covid, and frankly the state does not have adequate resources to help. If they need more people at the border, the federal government should supply the funding for additional border control agents. Additionally, the fentanyl piece has been lumped in to get the entire proposition to pass - you see this quite often with propositions.”
Proposition 315
Prohibit a proposed rule from becoming effective if that rule is estimated to increase regulatory costs by more than $500,000 within five years after implementation, until the legislature enacts legislation ratifying the proposed rule
What this means: If a project or new implementation for the state is likely to spend 100K, then whoever is proposing this project (Senate/House/agency/department) needs to submit it for review. If the reviewal team finds that it might actually cost 500K+, then the project/rule cannot begin until it gets a majority vote in both the Senate and House (ratification). This does not apply to emergency rulemaking or the Arizona Corporation commission (public utilities).
Former state employee says: “I think this is stupid but whatever.”
And that’s a wrap for the 14 propositions on the Arizona ballot! The law is a tricky thing, please feel free to reach out if you have any questions. Kisses and happy voting! 🗳️💋
