nation to such office should be filed, and the recalled officer's resignation, should he resign, shall be filed with the same officer, and the same officer shall order a special election when it is required. No such petition shall be circulated against any officer until he has actually held his office six months, save and except that it may be filed against a senator or representative in the legislative assembly or a member of the city council, or commission or mayor at any time after five days from the beginning of his term of office.

After one such petition and special election, no further recall petition shall be filed against same officer during the term for which he was elected unless such further petitioners shall first pay into the public treasury which has paid such special election expenses, the whole of its expenses for the preceding special election. Such additional legislation as may aid the operation of this section shall be provided by law, including provision for payment by the public treasury of the reasonable special election campaign expenses of such officer.

ARTICLE XV

FUTURE AMENDMENTS

202. Any amendment or amendments to this constitution may be proposed in either house of the legislative assembly, or by the people by initiative petition. Every initiative petition shall include the full text of the amendment or amendments proposed and shall be filed in the office of the secretary of the state not less than four months prior to the election at which such proposed amendment or amendments shall be voted on.

When any measure, act or resolution, or item, section or part or parts of any such (irrespective of source) proposed as an amendment or amendments to this constitution, and published as provided by law, for three months previous to any general state election, and at such election, shall be approved by a majority of the electors voting thereon, and, without amendment,

such proposed and approved amendment or amendments shall be agreed to and confirmed by a majority of the members elected to each of the two houses of the next legislative assembly, the same shall be entered in the journals of the two houses with the yea and nay vote and names of the members voting thereon; then and thereby such amendment or amendments shall become a part of the constitution of this state.

If not agreed to and confirmed by the legislative assembly at that term, without amendment, then such proposed and approved amendment or amendments shall be submitted, by the secretary of state, a second time to the electors at the ensuing regular general election, or special election, provided by law. And, if the same shall be the second time approved and ratified by a majority of the electors voting thereon, then and thereby such amendment or amendments, shall become a part of the constitution of this state. Or, if the legislative assembly shall agree to any amendment or amendments, (excepting any approved at the last preceding election, above provided for) the same shall be entered in both journals with the yea and nay vote as aforesaid, and it shall be the duty of the legislative assembly to refer the same to the people for approval or rejection at the ensuing general election, or at a special state election, provided by law; and such proposed amendment or amendments shall be published as aforesaid and be submitted to the electors at the polls; and if approved and confirmed by a majority of the electors voting thereon, then and thereby such amendment or amendments shall become a part of the constitution of this state.

All amendments submitted to the voters and approved as herein shall be effective and operative as a part of the constitution on the date of the certified statement of such vote by the state board of canvassers. If two or more amendments shall be sul mitted at the same election they shall be submitted in such manner that the electors shall vote for or against such amendment separately; but may be presented, designated and identified on the ballot as provided by law.

No convention shall be called to amend or propose amendments to this constitution, or to propose a new constitution, unless the law providing for such convention shall first be approved by the people on a referendum vote at a regular general election.

XIX. ARIZONA (PROPOSED)

[The convention which framed the Arizona constitution met at Phoenix from October 10 to December 9, 1910. The constitution was ratified February 27, 1911 by a vote of 12,187 for, to 3822 against. On August 8-10, Congress adopted a joint resolution admitting Arizona on condition that an amendment excepting judicial officers from the operation of the recall provision should be submitted to the voters at the time of electing the state officers. This resolution was vetoed by President Taft on August 15, 1911. See below, pp. 245, 256.]

The Initiative and Referendum Provisions1

SECTION 1. (1) The legislative authority of the State shall be vested in a legislature, consisting of a senate and a house of representatives, but the people reserve the power to propose laws and amendments to the constitution and to enact or reject such laws and amendments at the polls independently of the legislature; and they also reserve, for use at their own option, the power to approve or reject at the polls any act, or item, section, or part of any act, of the legislature.

(2) The first of these reserved powers is the initiative. Under this power 10 per cent of the qualified electors shall have the right to propose any measure, and 15 per cent shall have the right to propose any amendment to the constitution.

(3) The second of these reserved powers is the referendum. Under this power the legislature, or 5 per cent of the qualified electors, may order the submission to the people at the polls of any measure, or item, section, or part of any measure, enacted

1 Constitution of Arizona, Senate Document, 61st Congress, 3d Session, No. 798, pp. 5 ff. For the recall provision see below, pp. 244, 263.

by the legislature, except laws immediately necessary for the preservation of the public peace, health, or safety, or for the support and maintenance of the departments of the State government and State institutions; but to allow opportunity for referendum petitions no act passed by the legislature shall be operative for 90 days after the close of the session of the legislature enacting such measure, except such as require earlier operation to preserve the public peace, health, or safety, or to provide appropriations for the support and maintenance of the departments of the State and of State institutions: Provided, That no such emergency measure shall be considered passed by the legislature unless it shall state in a separate section why it is necessary that it shall become immediately operative and shall be approved by the affirmative votes of two-thirds of the members. elected to each house of the legislature, taken by roll call of ayes and nays, and also approved by the governor; and should such measure be vetoed by the governor it shall not become a law unless it shall be approved by the votes of three-fourths of the members elected to each house of the legislature, taken by roll call of ayes and nays.

(4) All petitions submitted under the power of the initiative shall be known as initiative petitions, and shall be filed with the secretary of state not less than four months preceding the date of the election at which the measures so proposed are to be voted upon. All petitions submitted under the power of the referendum shall be known as referendum petitions, and shall be filed with the secretary of state not more than 90 days after the final adjournment of the session of the legislature which shall have passed the measure to which the referendum is applied. The filing of a referendum petition against any item, section, or part of measure shall not prevent the remainder of such measure from becoming operative.

any

(5) Any measure or amendment to the constitution proposed under the initiative, and any measure to which the referendum is applied, shall be referred to a vote of the qualified electors, and

shall become law when approved by a majority of the votes cast thereon and upon proclamation of the governor, and not otherwise.

(6) The veto power of the governor shall not extend to initiative or referendum measures approved by a majority of the qualified electors.

(7) The whole number of votes cast for all candidates for governor at the general election last preceding the filing of any initiative or referendum petition on a State or county measure shall be the basis on which the number of qualified electors required to sign such petition shall be computed.

(8) The powers of the initiative and the referendum are hereby further reserved to the qualified electors of every incorporated city, town, and county as to all local, city, town, or county matters on which such incorporated cities, towns, and counties are, or shall be empowered by general laws to legislate. Such incorporated cities, towns, and counties may prescribe the manner of exercising said powers within the restrictions of general laws. Under the power of the initiative 15 per cent of the qualified electors may propose measures on such local, city, town, or county matters, and 10 per cent of the electors may propose the referendum on legislation enacted within and by such city, town, or county. Until provided by general law, said cities and towns may prescribe the basis on which said percentages shall be computed.

(9) Every initiative or referendum petition shall be addressed to the secretary of state in the case of petitions for or on State measures, and to the clerk of the board of supervisors, city clerk, or corresponding officer in the case of petitions for or on county, city, or town measures; and shall contain the declaration of each petitioner, for himself, that he is a qualified elector of the State (and in the case of petitions for or on city, town, or county measures, of the city, town, or county affected), his post-office address, the street and number, if any, of his residence, and the date on which he signed such petition. Each sheet containing