Constitution for the
State of Arizona
HISTORICAL NOTES
The Constitution of Arizona, in its original form, was adopted in the afternoon of December 9, 1910 , as the Constitutional Convention by which the instrument was drafted concluded sixty-one days of earnest labor. Forty of the fifty-two delegates composing the body voted approval of the instrument, while twelve voiced opposition to its provisions---chiefly those establishing the Initiative, Referendum and Recall. Nevertheless, one of the members voting "no" appended his signature to the document.
Formulation of the Constitution was authorized by an Enabling Act of Congress which received the President's signature on June 20, 1910, after an historic struggle waged by the people of Arizona over more than a quarter of a century, for the right of local self-government and Arizona's recognition as a member of the Union of States.
Conclusion of the labors of the Constitutional Convention did not, however, automatically admit Arizona into the Union . That long sought end still depended upon ratification of the Constitution by the people of Arizona , and, in compliance with unusual requirements of the Enabling Act, its approval by the Congress and the President, or approval by the President in the event of the failure of Congress to act at the ensuing session of that body.
At an election held February 9, 1911 , the people of Arizona ratified the Constitution by a vote of 12,187 to 3,302, and the Sixty-second Congress, after a protracted debate, adopted a resolution of approval. This, however, was on August 15, 1911 , vetoed by President William H. Taft , who gave as a primary reason his unalterable opposition to the provision for the recall, by the people, of public officers, including judicial officers. A second resolution was thereupon adopted by Congress and approved by the President, which fixed as the price of statehood the holding of an election at which the people of Arizona should adopt an amendment removing judicial officers from the provision of the recall. The demand was complied with at an election held December 12, 1911 , 14,963 votes being cast in favor of removal of the offending provision and 1,890 against. The significance of the vote was not that the people of Arizona opposed the recall of the judiciary but that they favored statehood. At the first election following that desired consummation, the provision was restored to its original form by a vote of 16,272 to 3,705.
On February 14, 1912 , President Taft issued a proclamation declaring Arizona an equal State of the Union , thus giving effect to the Constitution amended at his behest.
CONSTITUTION OF THE STATE OF ARIZONA
PREAMBLE
We, the people of the State of Arizona , grateful to Almighty God for our liberties, do ordain this Constitution.
ARTICLE I - STATE BOUN DAR IES
Section 1. Designation of boundaries
The boundaries of the State of Arizona shall be as follows, namely: Beginning at a point on the Colorado River twenty English miles below the junction of the Gila and Colorado Rivers, as fixed by the Gadsden Treaty between the United States and Mexico, being in latitude thirty-two degrees, twenty-nine minutes, forty-four and forty-five one-hundredths seconds north and longitude one hundred fourteen degrees, forty-eight minutes, forty-four and fifty-three one-hundredths seconds west of Greenwich; thence along and with the international boundary line between the United States and Mexico in a southeastern direction to Monument Number 127 on said boundary line in latitude thirty-one degrees, twenty minutes north; thence east along and with said parallel of latitude, continuing on said boundary line to an intersection with the meridian of longitude one hundred nine degrees, two minutes, fifty-nine and twenty-five one-hundredths seconds west, being identical with the southwestern corner of New Mexico; thence north along and with said meridian of longitude and the west boundary of New Mexico to an intersection with the parallel of latitude thirty-seven degrees north, being the common corner of Colorado, Utah, Arizona, and New Mexico; thence west along and with said parallel of latitude and the south boundary of Utah to an intersection with the meridian of longitude one hundred fourteen degrees, two minutes, fifty-nine and twenty-five one-hundredths seconds west, being on the east boundary line of the state of Nevada; thence south along and with said meridian of longitude and the east boundary of said state of Nevada, to the center of the Colorado River; thence down the mid-channel of said Colorado River in a southern direction along and with the east boundaries of Nevada, California, and the Mexican Territory of Lower California, successively, to the place of beginning.
Added, election Sept. 11, 1956 , effective Oct. 1, 1956 .
Section 2. Alteration of state boundaries
Section 2. The legislature, in cooperation with the properly constituted authority of any adjoining state, is empowered to change, alter, and redefine the state boundaries, such change, alteration and redefinition to become effective only upon approval of the congress of the United States .
ARTICLE II - DE CLAR ATION OF RIGHTS
Section 1. Fundamental principles, recurrence to
Section 1. A frequent recurrence to fundamental principles is essential to the security of individual rights and the perpetuity of free government.
Section 2. Political power; purpose of government
Section 2. All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.
Section 2.1. Victims' Bill of Rights
Section 2.1. (A) To preserve and protect victims' rights to justice and due process, a victim of crime has a right:
1. To be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal justice process.
2. To be informed, upon request, when the accused or convicted person is released from custody or has escaped.
3. To be present at and, upon request, to be informed of all criminal proceedings where the defendant has the right to be present.
4. To be heard at any proceeding involving a post-arrest release decision, a negotiated plea, and sentencing.
5. To refuse an interview, deposition, or other discovery request by the defendant, the defendant's attorney, or other person acting on behalf of the defendant.
6. To confer with the prosecution, after the crime against the victim has been charged, before trial or before any disposition of the case and to be informed of the disposition.
7. To read pre-sentence reports relating to the crime against the victim when they are available to the defendant.
8. To receive prompt restitution from the person or persons convicted of the criminal conduct that caused the victim's loss or injury.
9. To be heard at any proceeding when any post-conviction release from confinement is being considered.
10. To a speedy trial or disposition and prompt and final conclusion of the case after the conviction and sentence.
11. To have all rules governing criminal procedure and the admissibility of evidence in all criminal proceedings protect victims' rights and to have these rules be subject to amendment or repeal by the legislature to ensure the protection of these rights.
12. To be informed of victims' constitutional rights.
(B) A victim's exercise of any right granted by this section shall not be grounds for dismissing any criminal proceeding or setting aside any conviction or sentence.
(C) "Victim" means a person against whom the criminal offense has been committed or, if the person is killed or incapacitated, the person's spouse, parent, child or other lawful representative, except if the person is in custody for an offense or is the accused.
(D) The legislature, or the people by initiative or referendum, have the authority to enact substantive and procedural laws to define, implement, preserve and protect the rights guaranteed to victims by this section, including the authority to extend any of these rights to juvenile proceedings.
(E) The enumeration in the constitution of certain rights for victims shall not be construed to deny or disparage others granted by the legislature or retained by victims.
Added, election Nov. 6, 1990 , effective Nov. 27, 1990 .
Section 3. Supreme law of the land
Section 3. The Constitution of the United States is the supreme law of the land.
Section 4. Due process of law
Section 4. No person shall be deprived of life, liberty, or property without due process of law.
Section 5. Right of petition and of assembly
Section 5. The right of petition, and of the people peaceably to assemble for the common good, shall never be abridged.
Section 6. Freedom of speech and press
Section 6. Every person may freely speak, write, and publish on all subjects, being responsible for the abuse of that right.
Section 7. Oaths and affirmations
Section 7. The mode of administering an oath, or affirmation, shall be such as shall be most consistent with and binding upon the conscience of the person to whom such oath, or affirmation, may be administered.
Section 8. Right to privacy
Section 8. No person shall be disturbed in his private affairs, or his home invaded, without authority of law.
Section 9. Irrevocable grants of privileges, franchises or immunities
Section 9. No law granting irrevocably any privilege, franchise, or immunity shall be enacted.
Section 10. Self-incrimination; double jeopardy
Section 10. No person shall be compelled in any criminal case to give evidence against himself, or be twice put in jeopardy for the same offense.
Section 11. Administration of justice
Section 11. Justice in all cases shall be administered openly, and without unnecessary delay.
Section 12. Liberty of conscience; appropriations for religious purposes prohibited; religious freedom
Section 12. The liberty of conscience secured by the provisions of this constitution shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the state. No public money or property shall be appropriated for or applied to any religious worship, exercise, or instruction, or the support of any religious establishment. No religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror in consequence of his opinion on matters of religion, nor be questioned touching his religious belief in any court of justice to affect the weight of his testimony.
Section 13. Equal privileges and immunities
Section 13. No law shall be enacted granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which, upon the same terms, shall not equally belong to all citizens or corporations.
Section 14. Habeas corpus
Section 14. The privilege of the writ of habeas corpus shall not be suspended by the authorities of the state.
Section 15. Excessive bail; cruel and unusual punishment
Section 15. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.
Section 16. Corruption of blood; forfeiture of estate
Section 16. No conviction shall work corruption of blood, or forfeiture of estate.
Section 17. Eminent domain; just compensation for private property taken; public use as judicial question
Section 17. Private property shall not be taken for private use, except for private ways of necessity, and for drains, flumes, or ditches, on or across the lands of others for mining, agricultural, domestic, or sanitary purposes. No private property shall be taken or damaged for public or private use without just compensation having first been made, paid into court for the owner, secured by bond as may be fixed by the court, or paid into the state treasury for the owner on such terms and conditions as the legislature may provide, and no right of way shall be appropriated to the use of any corporation other than municipal, until full compensation therefor be first made in money, or ascertained and paid into court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived as in other civil cases in courts of record, in the manner prescribed by law. Whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public.
Amended, election Nov. 3, 1970 , effective Nov. 27, 1970 .
Section 18. Imprisonment for debt
Section 18. There shall be no imprisonment for debt, except in cases of fraud.
Section 19. Bribery or illegal rebating; witnesses; self-incrimination no defense
Section 19. Any person having knowledge or possession of facts that tend to establish the guilt of any other person or corporation charged with bribery or illegal rebating, shall not be excused from giving testimony or producing evidence, when legally called upon to do so, on the ground that it may tend to incriminate him under the laws of the state; but no person shall be prosecuted or subject to any penalty or forfeiture for, or on account of, any transaction, matter, or thing concerning which he may so testify or produce evidence.
Section 20. Military power subordinate to civil power
Section 20. The military shall be in strict subordination to the civil power.
Section 21. Free and equal elections
Section 21. All elections shall be free and equal, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.
Section 22. Bailable offenses
Section 22. All persons charged with crime shall be bailable by sufficient sureties, except for:
1. Capital offenses when the proof is evident or the presumption great.
2. Felony offenses, committed when the person charged is already admitted to bail on a separate felony charge and where the proof is evident or the presumption great as to the present charge.
3. Felony offenses if the person charged poses a substantial danger to any other person or the community, if no conditions of release which may be imposed will reasonably assure the safety of the other person or the community and if the proof is evident or the presumption great as to the present charge.
Amended, election Nov. 3, 1970 , effective Nov. 27, 1970 ; election Nov. 2, 1982 , effective Nov. 30, 1982 .
Section 23. Trial by jury; number of jurors specified by law
Section 23. The right of trial by jury shall remain inviolate. Juries in criminal cases in which a sentence of death or imprisonment for thirty years or more is authorized by law shall consist of twelve persons. In all criminal cases the unanimous consent of the jurors shall be necessary to render a verdict. In all other cases, the number of jurors, not less than six, and the number required to render a verdict, shall be specified by law.
Amended, election Nov. 7, 1972 , effective Dec. 1, 1972 .
Section 24. Rights of accused in criminal prosecutions
Section 24. In criminal prosecutions, the accused shall have the right to appear and defend in person, and by counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, to testify in his own behalf, to meet the witnesses against him face to face, to have compulsory process to compel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed, and the right to appeal in all cases; and in no instance shall any accused person before final judgment be compelled to advance money or fees to secure the rights herein guaranteed.
Section 25. Bills of attainder; ex post facto laws; impairment of contract obligations
Section 25. No bill or attainder, ex post facto law, or law impairing the obligation of a contract, shall ever be enacted.
Section 26. Bearing arms
Section 26. The right of the individual citizen to bear arms in defense of himself or the state shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain, or employ an armed body of men.
Section 27. Standing army; quartering soldiers
Section 27. No standing army shall be kept up by this state in time of peace, and no soldier shall in time of peace be quartered in any house without the consent of its owner, nor in time of war except in the manner prescribed by law.
Section 28. Treason
Section 28. Treason against the state shall consist only in levying war against the state, or adhering to its enemies, or in giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or confession in open court.
Section 29. Hereditary emoluments, privileges or powers; perpetuities or entailments
Section 29. No hereditary emoluments, privileges, or powers shall be granted or conferred, and no law shall be enacted permitting any perpetuity or entailment in this state.
Section 30. Indictment or information; preliminary examination
Section 30. No person shall be prosecuted criminally in any court of record for felony or misdemeanor, otherwise than by information or indictment; no person shall be prosecuted for felony by information without having had a preliminary examination before a magistrate or having waived such preliminary examination.
Section 31. Damages for death or personal injuries
Section 31. No law shall be enacted in this state limiting the amount of damages to be recovered for causing the death or injury of any person.
Section 32. Constitutional provisions mandatory
Section 32. The provisions of this constitution are mandatory, unless by express words they are declared to be otherwise.
Section 33. Reservation of rights
Section 33. The enumeration in this constitution of certain rights shall not be construed to deny others retained by the people.
Section 34. Industrial pursuits by the state and municipal corporations
Section 34. The state of Arizona and each municipal corporation within the state of Arizona shall have the right to engage in industrial pursuits.
Added, election Nov. 5, 1912 , effective Dec. 5, 1912 .
ARTICLE III - DISTRIBUTION OF POWERS
The powers of the government of the State of Arizona shall be divided into three separate departments, the Legislative, the Executive, and the Judicial; and, except as provided in this Constitution, such departments shall be separate and distinct, and no one of such departments shall exercise the powers properly belonging to either of the others.
ARTICLE IV - LEGISLATIVE DEPARTMENT
PART 1. INITIATIVE AND REFERENDUM
Section 1. Legislative authority; initiative and referendum
Section 1. (1) [Senate; house of representatives; reservation of power to people] 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) [Initiative power] The first of these reserved powers is the initiative. Under this power ten per centum of the qualified electors shall have the right to propose any measure, and fifteen per centum shall have the right to propose any amendment to the constitution.
(3) [Referendum power; emergency measures; effective date of acts] The second of these reserved powers is the referendum. Under this power the legislature, or five per centum 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 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 ninety 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) [Initiative and referendum petitions; filing] 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 ninety 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 any measure shall not prevent the remainder of such measure from becoming operative.
(5) [Effective date of initiative and referendum measures] 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) (A) Veto of initiative or referendum. The veto power of the governor shall not extend to an initiative measure approved by a majority of the votes cast thereon or to a referendum measure decided by a majority of the votes cast thereon.
(6) (B) Legislature's power to repeal initiative or referendum. The legislature shall not have the power to repeal an initiative measure approved by a majority of the votes cast thereon or to repeal a referendum measure decided by a majority of the votes cast thereon.
(6) (C) Legislature's power to amend initiative or referendum. The legislature shall not have the power to amend an initiative measure approved by a majority of the votes cast thereon, or to amend a referendum measure decided by a majority of the votes cast thereon, unless the amending legislation furthers the purposes of such measure and at least three-fourths of the members of each house of the legislature, by a roll call of ayes and nays, vote to amend such measure.
(6) (D) Legislature's power to appropriate or divert funds created by initiative or referendum. The legislature shall not have the power to appropriate or divert funds created or allocated to a specific purpose by an initiative measure approved by a majority of the votes cast thereon, or by a referendum measure decided by a majority of the votes cast thereon, unless the appropriation or diversion of funds furthers the purposes of such measure and at least three-fourths of the members of each house of the legislature, by a roll call of ayes and nays, vote to appropriate or divert such funds.
(7) [Number of qualified electors] 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) [Local, city, town or county matters] 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 fifteen per centum of the qualified electors may propose measures on such local, city, town or county matters, and ten per centum 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) [Form and contents of initiative and of referendum petitions; verification] 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 petitioners' signatures shall be attached to a full and correct copy of the title and text of the measure so proposed to be initiated or referred to the people, and every sheet of every such petition containing signatures shall be verified by the affidavit of the person who circulated said sheet or petition, setting forth that each of the names on said sheet was signed in the presence of the affiant and that in the belief of the affiant each signer was a qualified elector of the state, or in the case of a city, town, or county measure, of the city, town, or county affected by the measure so proposed to be initiated or referred to the people.
(10) [Official ballot] When any initiative or referendum petition or any measure referred to the people by the legislature shall be filed, in accordance with this section, with the secretary of state, he shall cause to be printed on the official ballot at the next regular general election the title and number of said measure, together with the words "Yes" and "No" in such manner that the electors may express at the polls their approval or disapproval of the measure.
(11) [Publication of measures] The text of all measures to be submitted shall be published as proposed amendments to the constitution are published, and in submitting such measures and proposed amendments the secretary of state and all other officers shall be guided by the general law until legislation shall be especially provided therefor.
(Method of publication superseded by A.R.S. Section 19-123.)
(12) [Conflicting measures or constitutional amendments] If two or more conflicting measures or amendments to the constitution shall be approved by the people at the same election, the measure or amendment receiving the greatest number of affirmative votes shall prevail in all particulars as to which there is conflict.
(13) [Canvass of votes; proclamation] It shall be the duty of the secretary of state, in the presence of the governor and the chief justice of the supreme court, to canvass the votes for and against each such measure or proposed amendment to the constitution within thirty days after the election, and upon the completion of the canvass the governor shall forthwith issue a proclamation, giving the whole number of votes cast for and against each measure or proposed amendment, and declaring such measures or amendments as are approved by a majority of those voting thereon to be law.
(14) [Reservation of legislative power] This section shall not be construed to deprive the legislature of the right to enact any measure except that the legislature shall not have the power to adopt any measure that supersedes, in whole or in part, any initiative measure approved by a majority of the votes cast thereon or any referendum measure decided by a majority of the votes cast thereon unless the superseding measure furthers the purposes of the initiative or referendum measure and at least three-fourths of the members of each house of the legislature, by a roll call of ayes and nays, vote to supersede such initiative or referendum measure.
(15) Legislature's right to refer measure to the people. Nothing in this section shall be construed to deprive or limit the legislature of the right to order the submission to the people at the polls of any measure, item, section, or part of any measure.
(16) [Self-executing] This section of the constitution shall be, in all respects, self-executing.
Amended, election November 3, 1914 , effective December 14, 1914 ; amended, election Nov. 3, 1998 , effective December 10, 1998 .
Section 2. Section 1 hereof shall apply retroactively to all initiative and referendum measures decided by the voters at and after the November 1998 general election.
Added, election Nov. 3, 1998 , effective December 10, 1998 . The text of Arizona Constitution article 4, part 1, Section 1, (section 2) is numbered exactly as Proposition 105 was submitted to the voters.
Section 2. Penalty for violation of initiative and referendum provisions
Section 2. The legislature shall provide a penalty for any wilful violation of any of the provisions of the preceding section.
PART 2. THE LEG ISLATURE
Section 1. Senate; house of representatives; members; special session upon petition of members; congressional and legislative boundaries; citizen commissions
Section 1. (1) The senate shall be composed of one member elected from each of the thirty legislative districts established pursuant to this section.
The house of representatives shall be composed of two members elected from each of the thirty legislative districts established pursuant to this section.
(2) Upon the presentation to the governor of a petition bearing the signatures of not less than two-thirds of the members of each house, requesting a special session of the legislature and designating the date of convening, the governor shall promptly call a special session to assemble on the date specified. At a special session so called the subjects which may be considered by the legislature shall not be limited.
(3) By February 28 of each year that ends in one, an independent redistricting commission shall be established to provide for the redistricting of congressional and state legislative districts. The independent redistricting commission shall consist of five members. No more than two members of the independent redistricting commission shall be members of the same political party. Of the first four members appointed, no more than two shall reside in the same county. Each member shall be a registered Arizona voter who has been continuously registered with the same political party or registered as unaffiliated with a political party for three or more years immediately preceding appointment, who is committed to applying the provisions of this section in an honest, independent and impartial fashion and to upholding public confidence in the integrity of the redistricting process. Within the three years previous to appointment, members shall not have been appointed to, elected to, or a candidate for any other public office, including precinct committeeman or committeewoman but not including school board member or officer, and shall not have served as an officer of a political party, or served as a registered paid lobbyist or as an officer of a candidate's campaign committee.
(4) The commission on appellate court appointments shall nominate candidates for appointment to the independent redistricting commission, except that, if a politically balanced commission exists whose members are nominated by the commission on appellate court appointments and whose regular duties relate to the elective process, the commission on appellate court appointments may delegate to such existing commission (hereinafter called the commission on appellate court appointments' designee) the duty of nominating members for the independent redistricting commission, and all other duties assigned to the commission on appellate court appointments in this section.
(5) By January 8 of years ending in one, the commission on appellate court appointments or its designee shall establish a pool of persons who are willing to serve on and are qualified for appointment to the independent redistricting commission. The pool of candidates shall consist of twenty-five nominees, with ten nominees from each of the two largest political parties in Arizona based on party registration, and five who are not registered with either of the two largest political parties in Arizona .
(6) Appointments to the independent redistricting commission shall be made in the order set forth below. No later than January 31 of years ending in one, the highest ranking officer elected by the Arizona house of representatives shall make one appointment to the independent redistricting commission from the pool of nominees, followed by one appointment from the pool made in turn by each of the following: the minority party leader of the Arizona house of representatives, the highest ranking officer elected by the Arizona senate, and the minority party leader of the Arizona senate. Each such official shall have a seven-day period in which to make an appointment. Any official who fails to make an appointment within the specified time period will forfeit the appointment privilege. In the event that there are two or more minority parties within the house or the senate, the leader of the largest minority party by statewide party registration shall make the appointment.
(7) Any vacancy in the above four independent redistricting commission positions remaining as of March 1 of a year ending in one shall be filled from the pool of nominees by the commission on appellate court appointments or its designee. The appointing body shall strive for political balance and fairness.
(8) At a meeting called by the secretary of state, the four independent redistricting commission members shall select by majority vote from the nomination pool a fifth member who shall not be registered with any party already represented on the independent redistricting commission and who shall serve as chair. If the four commissioners fail to appoint a fifth member within fifteen days, the commission on appellate court appointments or its designee, striving for political balance and fairness, shall appoint a fifth member from the nomination pool, who shall serve as chair.
(9) The five commissioners shall then select by majority vote one of their members to serve as vice-chair.
(10) After having been served written notice and provided with an opportunity for a response, a member of the independent redistricting commission may be removed by the governor, with the concurrence of two-thirds of the senate, for substantial neglect of duty, gross misconduct in office, or inability to discharge the duties of office.
(11) If a commissioner or chair does not complete the term of office for any reason, the commission on appellate court appointments or its designee shall nominate a pool of three candidates within the first thirty days after the vacancy occurs. The nominees shall be of the same political party or status as was the member who vacated the office at the time of his or her appointment, and the appointment other than the chair shall be made by the current holder of the office designated to make the original appointment. The appointment of a new chair shall be made by the remaining commissioners. If the appointment of a replacement commissioner or chair is not made within fourteen days following the presentation of the nominees, the commission on appellate court appointments or its designee shall make the appointment, striving for political balance and fairness. The newly appointed commissioner shall serve out the remainder of the original term.
(12) Three commissioners, including the chair or vice-chair, constitute a quorum. Three or more affirmative votes are required for any official action. Where a quorum is present, the independent redistricting commission shall conduct business in meetings open to the public, with 48 or more hours public notice provided.
(13) A commissioner, during the commissioner's term of office and for three years thereafter, shall be ineligible for Arizona public office or for registration as a paid lobbyist.
(14) The independent redistricting commission shall establish congressional and legislative districts. The commencement of the mapping process for both the congressional and legislative districts shall be the creation of districts of equal population in a grid-like pattern across the state. Adjustments to the grid shall then be made as necessary to accommodate the goals as set forth below:
A. Districts shall comply with the United States constitution and the United States voting rights act;
B. Congressional districts shall have equal population to the extent practicable, and state legislative districts shall have equal population to the extent practicable;
C. Districts shall be geographically compact and contiguous to the extent practicable;
D. District boundaries shall respect communities of interest to the extent practicable;
E. To the extent practicable, district lines shall use visible geographic features, city, town and county boundaries, and undivided census tracts;
F. To the extent practicable, competitive districts should be favored where to do so would create no significant detriment to the other goals.
(15) Party registration and voting history data shall be excluded from the initial phase of the mapping process but may be used to test maps for compliance with the above goals. The places of residence of incumbents or candidates shall not be identified or considered.
(16) The independent redistricting commission shall advertise a draft map of congressional districts and a draft map of legislative districts to the public for comment, which comment shall be taken for at least thirty days. Either or both bodies of the legislature may act within this period to make recommendations to the independent redistricting commission by memorial or by minority report, which recommendations shall be considered by the independent redistricting commission. The independent redistricting commission shall then establish final district boundaries.
(17) The provisions regarding this section are self-executing. The independent redistricting commission shall certify to the secretary of state the establishment of congressional and legislative districts.
(18) Upon approval of this amendment, the department of administration or its successor shall make adequate office space available for the independent redistricting commission. The treasurer of the state shall make $6,000,000 available for the work of the independent redistricting commission pursuant to the year 2000 census. Unused monies shall be returned to the state's general fund. In years ending in eight or nine after the year 2001, the department of administration or its successor shall submit to the legislature a recommendation for an appropriation for adequate redistricting expenses and shall make available adequate office space for the operation of the independent redistricting commission. The legislature shall make the necessary appropriations by a majority vote.
(19) The independent redistricting commission, with fiscal oversight from the department of administration or its successor, shall have procurement and contracting authority and may hire staff and consultants for the purposes of this section, including legal representation.
(20) The independent redistricting commission shall have standing in legal actions regarding the redistricting plan and the adequacy of resources provided for the operation of the independent redistricting commission. The independent redistricting commission shall have sole authority to determine whether the Arizona attorney general or counsel hired or selected by the independent redistricting commission shall represent the people of Arizona in the legal defense of a redistricting plan.
(21) Members of the independent redistricting commission are eligible for reimbursement of expenses pursuant to law, and a member's residence is deemed to be the member's post of duty for purposes of reimbursement of expenses.
(22) Employees of the department of administration or its successor shall not influence or attempt to influence the district-mapping decisions of the independent redistricting commission.
(23) Each commissioner's duties established by this section expire upon the appointment of the first member of the next redistricting commission. The independent redistricting commission shall not meet or incur expenses after the redistricting plan is completed, except if litigation or any government approval of the plan is pending, or to revise districts if required by court decisions or if the number of congressional or legislative districts is changed.
Amended election Nov. 5, 1918, effective Dec. 5, 1918; election Nov. 8, 1932, effective Nov. 28, 1932; election Nov. 2, 1948, effective Nov. 22, 1948; election Sept. 29, 1953, effective Oct. 31, 1953; election Sept. 9, 1958, effective Sept. 30, 1958; election Nov. 5, 1968, effective Dec. 4, 1968; election Nov. 3, 1970, effective Nov. 27, 1970; election Nov. 7, 1972, effective Dec. 1, 1972; amended, election Nov. 7, 2000, effective Dec. 7, 2000.
Section 2. Qualifications of members of legislature
Section 2. No person shall be a member of the legislature unless he shall be a citizen of the United States at the time of his election, nor unless he shall be at least twenty-five years of age, and shall have been a resident of Arizona at least three years and of the county from which he is elected at least one year before his election.
Section 3. Sessions of legislature; special sessions; limitation of subjects for consideration
Section 3. The sessions of the legislature shall be held annually at the capitol of the state, and shall commence on the second Monday of January of each year. The governor may call a special session, whenever in his judgment it is advisable. In calling a special session, the governor shall specify the subjects to be considered, and at such special session no laws shall be enacted except such as relate to the subjects mentioned in the call.
Amended, election Sept. 12, 1950 , effective Oct. 2, 1950 .
Section 4. Disqualification for membership in legislature
Section 4. No person holding any public office of profit or trust under the authority of the United States, or of this state, shall be a member of the legislature; provided, that appointments in the state militia and the offices of notary public, justice of the peace, United States commissioner, and postmaster of the fourth class, shall not work disqualification for membership within the meaning of this section.
Section 5. Ineligibility of members of legislature to other public offices
Section 5. No member of the legislature, during the term for which he shall have been elected or appointed shall be eligible to hold any other office or be otherwise employed by the state of Arizona or, any county or incorporated city or town thereof. This prohibition shall not extend to the office of school trustee, nor to employment as a teacher or instructor in the public school system.
Amended, election November 8, 1938 , effective December 14, 1938 .
Section 6. Privilege from arrest; civil process
Section 6. Members of the legislature shall be privileged from arrest in all cases except treason, felony, and breach of the peace, and they shall not be subject to any civil process during the session of the legislature, nor for fifteen days next before the commencement of each session.
Section 7. Freedom of debate
Section 7. No member of the legislature shall be liable in any civil or criminal prosecution for words spoken in debate.
Section 8. Organization; officers; rules of procedure
Section 8. Each house, when assembled, shall choose its own officers, judge of the election and qualification of its own members, and determine its own rules of procedure.
Section 9. Quorum; compelling attendance; adjournment
Section 9. The majority of the members of each house shall constitute a quorum to do business, but a smaller number may meet, adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as each house may prescribe. Neither house shall adjourn for more than three days, nor to any place other than that in which it may be sitting, without the consent of the other.
Section 10. Journal of proceedings; roll call
Section 10. Each house shall keep a journal of its proceedings, and at the request of two members the ayes and nays on roll call on any question shall be entered.
Section 11. Disorderly behavior; expulsion of members
Section 11. Each house may punish its members for disorderly behavior, and may, with the concurrence of two-thirds of its members, expel any member.
Section 12. Procedure on bills; approval or disapproval by governor
Section 12. Every bill shall be read by sections on three different days, unless in case of emergency, two-thirds of either house deem it expedient to dispense with this rule. The vote on the final passage of any bill or joint resolution shall be taken by ayes and nays on roll call. Every measure when finally passed shall be presented to the governor for his approval or disapproval.
Amended, election Nov. 7, 1972 , effective Dec. 1, 1972 .
Section 13. Subject and title of bills
Section 13. Every act shall embrace but one subject and matters properly connected therewith, which subject shall be expressed in the title; but if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be embraced in the title.
Section 14. Legislation by reference prohibited
Section 14. No act or section thereof shall be revised or amended by mere reference to the title of such act, but the act or section as amended shall be set forth and published at full length.
Section 15. Passage of bills by majority; signing of bills
Section 15. A majority of all members elected to each house shall be necessary to pass any bill, and all bills so passed shall be signed by the presiding officer of each house in open session.
Section 16. Right to protest
Section 16. Any member of the legislature shall have the right to protest and have the reasons of his protest entered on the journal.
Section 17. Extra compensation prohibited; increase or decrease of compensation during term of office
Section 17. The legislature shall never grant any extra compensation to any public officer, agent, servant or contractor, after the services shall have been rendered or the contract entered into, nor shall the compensation of any public officer, other than a justice of the peace, be increased or diminished during his term of office; provided, however, that when any legislative increase or decrease in compensation of the members of any court or the clerk thereof, or of any board or commission composed of two or more officers or persons whose respective terms of office are not coterminous, has heretofore or shall hereafter become effective as to any member or clerk of such court, or any member of such board or commission, it shall be effective from such date as to each thereof.
Amended, election Nov. 4, 1930 , effective Dec. 1, 1930 ; election Sept. 29, 1953 , effective Oct. 31, 1953 .
Section 18. Suits against state
Section 18. The legislature shall direct by law in what manner and in what courts suits may be brought against the state.
Section 19. Local or special laws
Section 19. No local or special laws shall be enacted in any of the following cases, that is to say:
1. Granting divorces.
2. Locating or changing county seats.
3. Changing rules of evidence.
4. Changing the law of descent or succession.
5. Regulating the practice of courts of justice.
6. Limitation of civil actions or giving effect to informal or invalid deeds.
7. Punishment of crimes and misdemeanors.
8. Laying out, opening, altering, or vacating roads, plats, streets, alleys, and public squares.
9. Assessment and collection of taxes.
10. Regulating the rate of interest on money.
11. The conduct of elections.
12. Affecting the estates of deceased persons or of minors.
13. Granting to any corporation, association, or individual, any special or exclusive privileges, immunities, or franchises.
14. Remitting fines, penalties, and forfeitures.
15. Changing names of persons or places.
16. Regulating the jurisdiction and duties of justices of the peace.
17. Incorporation of cities, towns, or villages, or amending their charters.
18. Relinquishing any indebtedness, liability, or obligation to this state.
19. Summoning and empanelling of juries.
20. When a general law can be made applicable.
Section 20. Appropriation bills
Section 20. The general appropriation bill shall embrace nothing but appropriations for the different departments of the state, for state institutions, for public schools, and for interest on the public debt. All other appropriations shall be made by separate bills, each embracing but one subject.
Section 21. Term limits of members of state legislature
Section 21. The members of the first legislature shall hold office until the first Monday in January, 1913. The terms of office of the members of succeeding legislatures shall be two years. No state Senator shall serve more than four consecutive terms in that office, nor shall any state Representative serve more than four consecutive terms in that office. This limitation on the number of terms of consecutive service shall apply to terms of office beginning on or after January 1, 1993 . No Legislator, after serving the maximum number of terms, which shall include any part of a term served, may serve in the same office until he has been out of office for no less than one full term.
Amended, election Nov. 3, 1992 , effective Nov. 23, 1992 .
Section 22. Juvenile justice; certain chronic and violent juvenile offenders prosecuted as adults; community alternatives for certain juvenile offenders; public proceedings and records
Section 22. In order to preserve and protect the right of the people to justice and public safety, and to ensure fairness and accountability when juveniles engage in unlawful conduct, the legislature, or the people by initiative or referendum, shall have the authority to enact substantive and procedural laws regarding all proceedings and matters affecting such juveniles. The following rights, duties, and powers shall govern such proceedings and matters:
(1) Juveniles 15 years of age or older accused of murder, forcible sexual assault, armed robbery or other violent felony offenses as defined by statute shall be prosecuted as adults. Juveniles 15 years of age or older who are chronic felony offenders as defined by statute shall be prosecuted as adults. Upon conviction all such juveniles shall be subject to the same laws as adults, except as specifically provided by statute and by article 22, section 16 of this constitution. All other juveniles accused of unlawful conduct shall be prosecuted as provided by law. Every juvenile convicted of or found responsible for unlawful conduct shall make prompt restitution to any victims of such conduct for their injury or loss.
(2) County attorneys shall have the authority to defer the prosecution of juveniles who are not accused of violent offenses and who are not chronic felony offenders as defined by statute and to establish community-based alternatives for resolving matters involving such juveniles.
(3) All proceedings and matters involving juveniles accused of unlawful conduct shall be open to the public and all records of those proceedings shall be public records. Exceptions shall be made only for the protection of the privacy of innocent victims of crime, or when a court of competent jurisdiction finds a clear public interest in confidentiality.
Former Section 22 repealed, election Nov. 8, 1932 , effective Nov. 28, 1932 . New Section 22 added, election Nov. 5, 1996 , effective Dec. 6, 1996 .
Section 23. Passes and purchase of transportation by public officers; in application to national guard
Section 23. It shall not be lawful for any person holding public office in this state to accept or use a pass or to purchase transportation from any railroad or other corporation, other than as such transportation may be purchased by the general public; provided, that this shall not apply to members of the national guard of Arizona traveling under orders. The legislature shall enact laws to enforce this provision.
Section 24. Enacting clause of bills; initiative bills
Section 24. The enacting clause of every bill enacted by the legislature shall be as follows: "Be it enacted by the Legislature of the State of Arizona ," or when the initiative is used: "Be it enacted by the People of the State of Arizona ."
Section 25. Continuity of governmental operations in emergency
Section 25. The legislature, in order to insure continuity of state and local governmental operations in periods of emergency resulting from disasters caused by enemy attack, shall have the power and the immediate duty to:
1. Provide for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices.
2. Adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations.
In the exercise of the powers hereby conferred, the legislature shall in all respects conform to the requirements of this constitution except to the extent that in the judgment of the legislature so to do would be impracticable or would admit of undue delay.
Added, election Nov. 6, 1962 , effective Nov. 26, 1962 .
ARTICLE V - EXECUTIVE DEPARTMENT
Section 1. Term limits on Executive department and state officers; term lengths; election; residence and office at seat of government; duties
Section 1. A. The executive department shall consist of the governor, secretary of state, state treasurer, attorney general, and superintendent of public instruction, each of whom shall hold office for a term of four years beginning on the first Monday of January, 1971 next after the regular general election in 1970. No member of the executive department shall hold that office for more than two consecutive terms. This limitation on the number of terms of consecutive service shall apply to terms of office beginning on or after January 1, 1993 . No member of the executive department after serving the maximum number of terms, which shall include any part of a term served, may serve in the same office until out of office for no less than one full term.
B. The person having the highest number of the votes cast for the office voted for shall be elected, but if two or more persons have an equal and the highest number of votes for the office, the two houses of the legislature at its next regular session shall elect forthwith, by joint ballot, one of such persons for said office.
C. The officers of the executive department during their terms of office shall reside at the seat of government where they shall keep their offices and the public records, books, and papers. They shall perform such duties as are prescribed by the constitution and as may be provided by law.
Amended, election Nov. 2, 1948, effective Nov. 22, 1948; amended, election Nov. 5, 1968, effective Dec. 4, 1968; amended, election Nov. 8, 1988, effective Dec. 5, 1988; amended, election Nov. 3, 1992, effective Nov. 23, 1992.
Section 2. Eligibility to state offices
Section 2. No person shall be eligible to any of the offices mentioned in section 1 of this article except a person of the age of not less than twenty-five years, who shall have been for ten years next preceding his election a citizen of the United States , and for five years next preceding his election a citizen of Arizona .
Amended, election Nov. 8, 1988 , effective Dec. 5, 1988 .
Section 3. Governor, commander-in-chief of military forces
Section 3. The governor shall be commander-in-chief of the military forces of the state, except when such forces shall be called into the service of the United States .
Section 4. Governor; powers and duties; special sessions of legislature; message and recommendations
Section 4. The governor shall transact all executive business with the officers of the government, civil and military, and may require information in writing from the officers in the executive department upon any subject relating to the duties of their respective offices. He shall take care that the laws be faithfully executed. He may convene the legislature in extraordinary session. He shall communicate, by message, to the legislature at every session the condition of the state, and recommend such matters as he shall deem expedient.
Section 5. Reprieves, commutations and pardons
Section 5. The governor shall have power to grant reprieves, commutation, and pardons, after convictions, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as may be provided by law.
Section 6. Death, resignation, removal or disability of governor; succession to office; impeachment, absence from state or temporary disability
Section 6. In the event of the death of the governor, or his resignation, removal from office, or permanent disability to discharge the duties of the office, the secretary of state, if holding by election, shall succeed to the office of governor until his successor shall be elected and shall qualify. If the secretary of state be holding otherwise then by election, or shall fail to qualify as governor, the attorney general, the state treasurer, or the superintendent of public instruction, if holding by election, shall, in the order named, succeed to the office of governor. The taking of the oath of office as governor by any person specified in this section shall constitute resignation from the office by virtue of the holding of which he qualifies as governor. Any successor to the office shall become governor in fact and entitled to all of the emoluments, powers and duties of governor upon taking the oath of office.
In the event of the impeachment of the governor, his absence from the state, or other temporary disability to discharge the duties of the office, the powers and duties of the office of governor shall devolve upon the same person as in case of vacancy, but only until the disability ceases.
Amended, election Nov. 2, 1948 , effective Nov. 22, 1948 ; election Nov. 5, 1968 , effective Dec. 4, 1968 .
Section 7. Presentation of bills to governor; approval; veto; filing with secretary of state; veto of items in appropriation bills; in application of veto power to referred bills
Section 7. Every bill passed by the legislature, before it becomes a law, shall be presented to the governor. If he approve, he shall sign it, and it shall become a law as provided in this constitution. But if he disapprove, he shall return it, with his objections, to the house in which it originated, which shall enter the objections at large on the journal. If after reconsideration it again passes both houses by an aye and nay vote on roll call of two-thirds of the members elected to each house, it shall become a law as provided in this constitution, notwithstanding the governor's objections. This section shall not apply to emergency measures as referred to in section 1 of the article of the legislative department.
If any bill be not returned within five days after it shall have been presented to the governor (Sunday excepted) such bill shall become a law in like manner as if he had signed it, unless the legislature by its final adjournment prevents its return, in which case it shall be filed with his objections in the office of the secretary of state within ten days after such adjournment (Sundays excepted) or become a law as provided in this constitution. After the final action by the governor, or following the adoption of a bill notwithstanding his objection, it shall be filed with the secretary of state.
If any bill presented to the governor contains several items of appropriations of money, he may object to one or more of such items, while approving other portions of the bill. In such case he shall append to the bill at the time of signing it, a statement of the item or items which he declines to approve, together with his reasons therefor, and such item or items shall not take effect unless passed over the governor's objections as in this section provided.
The veto power of the governor shall not extend to any bill passed by the legislature and referred to the people for adoption or rejection.
Section 8. Vacancies in office
Section 8. When any office shall, from any cause, become vacant, and no mode shall be provided by the constitution or by law for filling such vacancy, the governor shall have the power to fill such vacancy by appointment.
Section 9. Powers and duties of state officers
Section 9. The powers and duties of secretary of state, state treasurer, attorney general, and superintendent of public instruction shall be as prescribed by law.
Amended, election Nov. 5, 1968 , effective Dec. 4, 1968 .
Section 10. Repealed
Amended, election Nov. 4, 1980 , effective Nov. 24, 1980 ; Repealed, election Nov. 3, 1992 , effective Nov. 23, 1992 .
Section 11. Canvass of election returns for state officers; certificates of election
Section 11. The returns of the election for all state officers shall be canvassed, and certificates of election issued by the secretary of state, in such manner as may be provided by law.
Section 12. Commissions
Section 12. All commissions shall issue in the name of the state, and shall be signed by the governor, sealed with the seal of the state, and attested by the secretary of state.
Section 13. Compensation of elective state officers; commission on salaries for elective state officers
Section 13. The salaries of those holding elective state offices shall be as established by law from time to time, subject to the limitations of article 6, section 33 and to the limitations of article 4, part 2, section 17. Such salaries as are presently established may be altered from time to time by the procedure established in this section or as otherwise provided by law, except that legislative salaries may be altered only by the procedures established in this section.
A commission to be known as the commission on salaries for elective state officers is authorized to be established by the legislature. The commission shall be composed of five members appointed from private life, two of whom shall be appointed by the governor and one each by the president of the senate, the speaker of the house of representatives, and the chief justice. At such times as may be directed by the legislature, the commission shall report to the governor with recommendations concerning the rates of pay of elected state officers. The governor shall upon receipt of such report make recommendations to the legislature with respect to the exact rates of pay which he deems advisable for those offices and positions other than for the rates of pay of members of the legislature. Such recommendations shall become effective at a time established by the legislature after the transmission of the recommendation of the governor without aid of further legislative action unless, within such period of time, there has been enacted into law a statute which establishes rates of pay other than those proposed by the governor, or unless either house of the legislature specifically disapproves all or part of the governor's recommendation. The recommendations of the governor, unless disapproved or altered within the time provided by law, shall be effective; and any 1971 recommendations shall be effective as to all offices on the first Monday in January of 1973. In case of either a legislative enactment or disapproval by either house, the recommendations shall be effective only insofar as not altered or disapproved. The recommendations of the commission as to legislative salaries shall be certified by it to the secretary of state and the secretary of state shall submit to the qualified electors at the next regular general election the question, "Shall the recommendations of the commission on salaries for elective state officers concerning legislative salaries be accepted? Yes No". Such recommendations if approved by the electors shall become effective at the beginning of the next regular legislative session without any other authorizing legislation. All recommendations which become effective under this section shall supersede all laws enacted prior to their effective date relating to such salaries.
Amended, election Nov. 3, 1970 , effective Nov. 27, 1970 .
ARTICLE VI - JUDICIAL DEPARTMENT
Former Article VI, consisting of sections 1-25, repealed, and new Article VI, consisting of sections 1-35, adopted by election, Nov. 8, 1960, effective Dec. 9, 1960.
Section 1. Judicial power; courts
Section 1. The judicial power shall be vested in an integrated judicial department consisting of a supreme court, such intermediate appellate courts as may be provided by law, a superior court, such courts inferior to the superior court as may be provided by law, and justice courts.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 .
Section 2. Supreme court; composition; divisions; decisions, transactions of business
Section 2. The supreme court shall consist of not less than five justices. The number of justices may be increased or decreased by law, but the court shall at all times be constituted of at least five justices.
The supreme court shall sit in accordance with rules adopted by it, either in banc or in divisions of not less than three justices, but the court shall not declare any law unconstitutional except when sitting in banc. The decisions of the court shall be in writing and the grounds stated.
The court shall be open at all times, except on nonjudicial days, for the transaction of business.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 .
Section 3. Supreme court; administrative supervision; chief justice
Section 3. The supreme court shall have administrative supervision over all the courts of the state. The chief justice shall be elected by the justices of the supreme court from one of their number for a term of five years, and may be reelected for like terms. The vice chief justice shall be elected by the justices of the supreme court from one of their number for a term determined by the court. A member of the court may resign the office of chief justice or vice chief justice without resigning from the court.
The chief justice, or in his absence or incapacity, the vice chief justice, shall exercise the court's administrative supervision over all the courts of the state. He may assign judges of intermediate appellate courts, superior courts, or courts inferior to the superior court to serve in other courts or counties.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 ; amended, election Nov. 5, 1974 , effective Dec. 5, 1974 .
Section 4. Supreme court; term of office
Section 4. Justices of the supreme court shall hold office for a regular term of six years except as provided by this article.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 ; amended, election Nov. 5, 1974 , effective Dec. 5, 1974 .
Section 5. Supreme court; jurisdiction; writs; rules; habeas corpus
Section 5. The supreme court shall have:
1. Original jurisdiction of habeas corpus, and quo warranto, mandamus, injunction and other extraordinary writs to state officers.
2. Original and exclusive jurisdiction to hear and determine causes between counties concerning disputed boundaries and surveys thereof or concerning claims of one county against another.
3. Appellate jurisdiction in all actions and proceedings except civil and criminal actions originating in courts not of record, unless the action involves the validity of a tax, impost, assessment, toll, statute or municipal ordinance.
4. Power to issue injunctions and writs of mandamus, review, prohibition, habeas corpus, certiorari, and all other writs necessary and proper to the complete exercise of its appellate and revisory jurisdiction.
5. Power to make rules relative to all procedural matters in any court.
6. Such other jurisdiction as may be provided by law.
Each justice of the supreme court may issue writs of habeas corpus to any part of the state upon petition by or on behalf of a person held in actual custody, and may make such writs returnable before himself, the supreme court, appellate court or superior court, or judge thereof.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 .
Section 6. Supreme court; qualifications of justices
Section 6. A justice of the supreme court shall be a person of good moral character and admitted to the practice of law in and a resident of the state of Arizona for ten years next preceding his taking office.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 .
Section 7. Supreme court; clerk and assistants; administrative director and staff
Section 7. The supreme court shall appoint a clerk of the court and assistants thereto who shall serve at its pleasure, and who shall receive such compensation as may be provided by law.
The supreme court shall appoint an administrative director and staff to serve at its pleasure to assist the chief justice in discharging his administrative duties. The director and staff shall receive such compensation as may be provided by law.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 .
Section 8. Supreme court; publication of opinions
Section 8. Provision shall be made by law for the speedy publication of the opinions of the supreme court, and they shall be free for publication by any person.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 .
Section 9. Intermediate appellate courts
Section 9. The jurisdiction, powers, duties and composition of any intermediate appellate court shall be as provided by law.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 .
Section 10. Superior court; number of judges
Section 10. There shall be in each county at least one judge of the superior court. There shall be in each county such additional judges as may be provided by law, but not exceeding one judge for each thirty thousand inhabitants or majority fraction thereof. The number of inhabitants in a county for purposes of this section may be determined by census enumeration or by such other method as may be provided by law.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 .
Section 11. Superior court; presiding judges; duties
Section 11. There shall be in each county a presiding judge of the superior court. In each county in which there are two or more judges, the supreme court shall appoint one of such judges presiding judge. Presiding judges shall exercise administrative supervision over the superior court and judges thereof in their counties, and shall have such other duties as may be provided by law or by rules of the supreme court.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 .
Section 12. Superior court; term of office
Section 12. A. Judges of the superior court in counties having a population of less than two hundred fifty thousand persons according to the most recent United States census shall be elected by the qualified electors of their counties at the general election. They shall hold office for a regular term of four years except as provided by this section from and after the first Monday in January next succeeding their election, and until their successors are elected and qualify. The names of all candidates for judge of the superior court in such counties shall be placed on the regular ballot without partisan or other designation except the division and title of the office.
B. The governor shall fill any vacancy in such counties by appointing a person to serve until the election and qualification of a successor. At the next succeeding general election following the appointment of a person to fill a vacancy, a judge shall be elected to serve for the remainder of the unexpired term.
Judges of the superior court in counties having a population of two hundred fifty thousand persons or more according to the most recent United States census shall hold office for a regular term of four years except as provided by this article.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 ; amended, election Nov. 5, 1974 , effective Dec. 5, 1974 ; amended, election Nov. 3, 1992 , effective Nov. 23, 1992 .
Section 13. Superior court; composition; salaries; judgments and proceedings; process
Section 13. The superior courts provided for in this article shall constitute a single court, composed of all the duly elected or appointed judges in each of the counties of the state. The legislature may classify counties for the purpose of fixing salaries of judges or officers of the court.
The judgments, decrees, orders and proceedings of any session of the superior court held by one or more judges shall have the same force and effect as if all the judges of the court had presided.
The process of the court shall extend to all parts of the state.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 .
Section 14. Superior court; original jurisdiction
Section 14. The superior court shall have original jurisdiction of:
1. Cases and proceedings in which exclusive jurisdiction is not vested by law in another court.
2. Cases of equity and at law which involve the title to or possession of real property, or the legality of any tax, impost, assessment, toll or municipal ordinance.
3. Other cases in which the demand or value of property in controversy amounts to one thousand dollars or more, exclusive of interest and costs.
4. Criminal cases amounting to felony, and cases of misdemeanor not otherwise provided for by law.
5. Actions of forcible entry and detainer.
6. Proceedings in insolvency.
7. Actions to prevent or abate nuisance.
8. Matters of probate.
9. Divorce and for annulment of marriage.
10. Naturalization and the issuance of papers therefor.
11. Special cases and proceedings not otherwise provided for, and such other jurisdiction as may be provided by law.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 ; amended, election Nov. 7, 1972 , effective Dec. 1, 1972 .
Section 15. Jurisdiction and authority in juvenile proceedings
Section 15. The jurisdiction and authority of the courts of this state in all proceedings and matters affecting juveniles shall be as provided by the legislature or the people by initiative or referendum.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 . Section repealed, new Section added election Nov. 5, 1996 , effective Dec. 6, 1996 .
Section 16. Superior court; appellate jurisdiction
Section 16. The superior court shall have appellate jurisdiction in cases arising in justice and other courts inferior to the superior court as may be provided by law.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 .
Section 17. Superior court; conduct of business; trial juries; jury trial; grand juries
Section 17. The superior court shall be open at all times, except on nonjudicial days, for the determination of non-jury civil cases and the transaction of business. For the determination of civil causes and matters in which a jury demand has been entered, and for the trial of criminal causes, a trial jury shall be drawn and summoned from the body of the county, as provided by law. The right of jury trial as provided by this constitution shall remain inviolate, but trial by jury may be waived by the parties in any civil cause or by the parties with the consent of the court in any criminal cause. Grand juries shall be drawn and summoned only by order of the superior court.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 .
Section 18. Superior court; writs
Section 18. The superior court or any judge thereof may issue writs of mandamus, quo warranto, review, certiorari, prohibition, and writs of habeas corpus on petition by or on behalf of a person held in actual custody within the county. Injunctions, attachments, and writs of prohibition and habeas corpus may be issued and served on legal holidays and non-judicial days.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 .
Section 19. Superior court; service of judge in another county
Section 19. A judge of the superior court shall serve in another county at the direction of the chief justice of the supreme court or may serve in another county at the request of the presiding judge of the superior court thereof.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 .
Section 20. Retirement and service of retired justices and judges
Section 20. The legislature shall prescribe by law a plan of retirement for justices and judges of courts of record, including the basis and amount of retirement pay, and requiring except as provided in section 35 of this article, that justices and judges of courts of record be retired upon reaching the age of seventy. Any retired justice or judge of any court of record who is drawing retirement pay may serve as a justice or judge of any court. When serving outside his county of residence, any such retired justice or judge shall receive his necessary traveling and subsistence expenses. A retired judge who is temporarily called back to the active duties of a judge is entitled to receive the same compensation and expenses as other like active judges less any amount received for such period in retirement benefits.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 ; amended, election Nov. 5, 1974 , effective Dec. 5, 1974 .
Section 21. Superior court; speedy decisions
Section 21. Every matter submitted to a judge of the superior court for his decision shall be decided within sixty days from the date of submission thereof. The supreme court shall by rule provide for the speedy disposition of all matters not decided within such period.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 .
Section 22. Superior and other courts; qualifications of judges
Section 22. Judges of the superior court, intermediate appellate courts or courts inferior to the superior court having jurisdiction in civil cases of one thousand dollars or more, exclusive of interest and costs, established by law under the provisions of section 1 of this article, shall be at least thirty years of age, of good moral character and admitted to the practice of law in and a resident of the state for five years next preceding their taking office.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 ; amended, election Nov. 7, 1972 . effective Dec. 1, 1972 .
Section 23. Superior court; clerk
Section 23. There shall be in each county a clerk of the superior court. The clerk shall be elected by the qualified electors of his county at the general election and shall hold office for a term of four years from and after the first Monday in January next succeeding his election. The clerk shall have such powers and perform such duties as may be provided by law or by rule of the supreme court or superior court. He shall receive such compensation as may be provided by law.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 .
Section 24. Superior court; court commissioners, masters and referees
Section 24. Judges of the superior court may appoint court commissioners, masters and referees in their respective counties, who shall have such powers and perform such duties as may be provided by law or by rule of the supreme court. Court commissioners, masters and referees shall receive such compensation as may be provided by law.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 .
Section 25. Style of process; conduct of prosecutions in name of state
Section 25. The style of process shall be "The State of Arizona", and prosecutions shall be conducted in the name of the state and by its authority.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 .
Section 26. Oath of office
Section 26. Each justice, judge and justice of the peace shall, before entering upon the duties of his office, take and subscribe an oath that he will support the Constitution of the United States and the constitution of the state of Arizona , and that he will faithfully and impartially discharge the duties of his office to the best of his ability.
The oath of all judges of courts inferior to the superior court and the oath of justices of peace shall be filed in the office of the county recorder, and the oath of all other justices and judges shall be filed in the office of the secretary of state.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 .
Section 27. Charge to juries; reversal of causes for technical error
Section 27. Judges shall not charge juries with respect to matters of fact, nor comment thereon, but shall declare the law. No cause shall be reversed for technical error in pleadings or proceedings when upon the whole case it shall appear that substantial justice has been done.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 .
Section 28. Justices and judges; dual office holding; political activity; practice of law
Section 28. Justices and judges of courts of record shall not be eligible for any other public office or for any other public employment during their term of office, except that they may assume another judicial office, and upon qualifying therefor, the office formerly held shall become vacant. No justice or judge of any court of record shall practice law during his continuance in office, nor shall he hold any office in a political party or actively take part in any political campaign other than his own for his reelection or retention in office. Any justice or judge who files nomination papers for an elective office, other than for judge of the superior court or a court of record inferior to the superior court in a county having a population of less than two hundred fifty thousand persons according to the most recent United States census, forfeits his judicial office.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 ; amended, election Nov. 5, 1974 , effective Dec. 5, 1974 ; amended, election Nov. 3, 1992 , effective Nov. 23, 1992 .
Section 29. Repealed, election Nov. 3, 1970 , effective Nov. 27, 1970
Section 30. Courts of record
Section 30. A. The supreme court, the court of appeals and the superior court shall be courts of record. Other courts of record may be established by law, but justice courts shall not be courts of record.
B. All justices and judges of courts of record, except for judges of the superior court and other courts of record inferior to the superior court in counties having a population of less than two hundred fifty thousand persons according to the most recent United States census, shall be appointed in the manner provided in Section 37 of this article.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 ; amended, election Nov. 5, 1974 , effective Dec. 5, 1974 ; amended, election Nov. 3, 1992 , effective Nov. 23, 1992 .
Section 31. Judges pro tempore
Section 31. The legislature may provide for the appointment of members of the bar having the qualifications provided in Section 22 of this article as judges pro tempore of courts inferior to the supreme court. When serving, any such person shall have all the judicial powers of a regular elected judge of the court to which he is appointed. A person so appointed shall receive such compensation as may be provided by law. The population limitation of Section 10 of this article shall not apply to the appointment of judges pro tempore of the superior court.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 .
Section 32. Justices of the peace and inferior courts; jurisdiction, powers and duties; terms of office; salaries
Section 32. The number of justices of the peace to be elected in precincts shall be as provided by law. Justices of the peace may be police justices of incorporated cities and towns.
The jurisdiction, powers and duties of courts inferior to the superior court and of justice courts, and the terms of office of judges of such courts and justices of the peace shall be as provided by law. The legislature may classify counties and precincts for the purpose of fixing salaries of judges of courts inferior to the superior court and of justices of the peace.
The civil jurisdiction of courts inferior to the superior court and of justice courts shall not exceed the sum of ten thousand dollars, exclusive of interest and costs. Criminal jurisdiction shall be limited to misdemeanors. The jurisdiction of such courts shall not encroach upon the jurisdiction of courts of record but may be made concurrent therewith, subject to the limitations provided in this section.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 . Amended, election Nov. 6, 1990 , effective Nov. 27, 1990 .
Section 33. Change by legislature in number of justices or judges; reduction of salary during term of office
Section 33. No change made by the legislature in the number of justices or judges shall work the removal of any justice or judge from office. The salary of any justice or judge shall not be reduced during the term of office for which he was elected or appointed.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 .
Section 34. Absence of judicial officer from state
Section 34. Any judicial officer except a retired justice or judge who absents himself from the state for more than sixty consecutive days shall be deemed to have forfeited his office, but the governor may extend the leave of absence for such time as reasonable necessity therefor exists.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 .
Section 35. Continuance in office; continued existence of offices; application of prior statute and rules
Section 35. A. All justices, judges, justices of the peace and officers of any court who are holding office as such by election or appointment at the time of the adoption of this section shall serve or continue in office for the respective terms for which they are so elected or for their respective unexpired terms, and until their successors are elected or appointed and qualify or they are retained in office pursuant to section 38 of this article; provided, however, that any justice or judge elected at the general election at which this section is adopted shall serve for the term for which he is so elected. The continued existence of any office heretofore legally established or held shall not be abolished or repealed by the adoption of this article. The statutes and rules relating to the authority, jurisdiction, practice and procedure of courts, judicial officers and offices in force at the time of the adoption of this article and not inconsistent herewith, shall, so far as applicable, apply to and govern such courts, judicial officers and offices until amended or repealed.
B. All judges of the superior court holding office by appointment or retention in counties with a population of two hundred fifty thousand persons or more according to the most recent United States census at the time of the adoption of this amendment to this section shall serve or continue in office for the respective terms for which they were appointed. Upon an incumbent vacating the office of judge of the superior court, whether by failing to file a declaration for retention, by rejection by the qualified electors of the county or resignation, the appointment shall be pursuant to section 37 of this article.
Added, election Nov. 8, 1960 , effective Dec. 9, 1960 ; amended, election Nov. 5, 1974 , effective Dec. 5, 1974 ; amended, election Nov. 3, 1992 , effective Nov. 23, 1992 .
Section 36. Commissions on appellate and trial court appointments and terms, appointments and vacancies on such commissions
Section 36 A. There shall be a nonpartisan commission on appellate court appointments which shall be composed of the chief justice of the supreme court, who shall be chairman, five attorney members, who shall be nominated by the board of governors of the state bar of Arizona and appointed by the governor with the advice and consent of the senate in the manner prescribed by law, and ten nonattorney members who shall be appointed by the governor with the advice and consent of the senate in the manner prescribed by law. At least ninety days prior to a term expiring or within twenty-one days of a vacancy occurring for a nonattorney member on the commission for appellate court appointments, the governor shall appoint a nominating committee of nine members, not more than five of whom may be from the same political party. The makeup of the committee shall, to the extent feasible, reflect the diversity of the population of the state. Members shall not be attorneys and shall not hold any governmental office, elective or appointive, for profit. The committee shall provide public notice that a vacancy exists and shall solicit, review and forward to the governor all applications along with the committee's recommendations for appointment.
Attorney members of the commission shall have resided in the state and shall have been admitted to practice before the supreme court for not less than five years. Not more than three attorney members shall be members of the same political party and not more than two attorney members shall be residents of any one county. Nonattorney members shall have resided in the state for not less than five years and shall not be judges, retired judges or admitted to practice before the supreme court. Not more than five nonattorney members shall be members of the same political party. Not more than two nonattorney members shall be residents of any one county. None of the attorney or nonattorney members of the commission shall hold any governmental office, elective or appointive, for profit, and no attorney member shall be eligible for appointment to any judicial office of the state until one year after he ceases to be a member. Attorney members of the commission shall serve staggered four-year terms, and nonattorney members shall serve staggered four-year terms. Vacancies shall be filled for the unexpired terms in the same manner as the original appointments.
B. No person other than the chief justice shall serve at the same time as a member of more than one judicial appointment commission.
C. In making or confirming appointments to the appellate court commission, the governor, the senate and the state bar shall endeavor to see that the commission reflects the diversity of Arizona 's population.
In the event of the absence or incapacity of the chairman the supreme court shall appoint a justice thereof to serve in his place and stead.
D. Prior to making recommendations to the governor as hereinafter provided, the commission shall conduct investigations, hold public hearings and take public testimony. An executive session as prescribed by rule may be held upon a two-thirds vote of the members of the commission in a public hearing. Final decisions as to recommendations shall be made without regard to political affiliation in an impartial and objective manner. The commission shall consider the diversity of the state's population, however the primary consideration shall be merit. Voting shall be in a public hearing. The expenses of meetings of the commission and the attendance of members thereof for travel and subsistence shall be paid from the general fund of the state as state officers are paid, upon claims approved by the chairman.
E. After public hearings the supreme court shall adopt rules of procedure for the commission on appellate court appointments.
F. Notwithstanding the provisions of subsection A, the initial appointments for the five additional nonattorney members and the two additional attorney members of the commission shall be designated by the governor for staggered terms as follows:
1. One appointment for a nonattorney member shall be for a one-year term.
2. Two appointments for nonattorney members shall be for a two-year term.
3. Two appointments for nonattorney members shall be for a three-year term.
4. One appointment for an attorney member shall be for a one-year term.
5. One appointments for an attorney member shall be for a two-year term.
G. The members currently serving on the commission may continue to serve until the expiration of their normal terms. All subsequent appointments shall be made as prescribed by this section.
Added, election Nov. 5, 1974 , effective Dec. 5, 1974 ; amended, election Nov. 2, 1976 , effective Nov. 22, 1976 ; amended, election Nov. 3, 1992 , effective Nov. 23, 1992 .
Section 37. Judicial vacancies and appointments; initial terms; residence; age
Section 37. A. Within sixty days from the occurrence of a vacancy in the office of a justice or judge of any court of record, except for vacancies occurring in the office of a judge of the superior court or a judge of a court of record inferior to the superior court, the commission on appellate court appointments, if the vacancy is in the supreme court or an intermediate appellate court of record, shall submit to the governor the names of not less than three persons nominated by it to fill such vacancy, no more than two of whom shall be members of the same political party unless there are more than four such nominees, in which event not more than sixty per centum of such nominees shall be members of the same political party.
B. Within sixty days from the occurrence of a vacancy in the office of a judge of the superior court or a judge of a court of record inferior to the superior court except for vacancies occurring in the office of a judge of the superior court or a judge of a court of record inferior to the superior court in a county having a population of less than two hundred fifty thousand persons according to the most recent united states census, the commission on trial court appointments for the county in which the vacancy occurs shall submit to the governor the names of not less than three persons nominated by it to fill such vacancy, no more than two of whom shall be members of the same political party unless there are more than four such nominees, in which event no more than sixty per centum of such nominees shall be members of the same political party. A nominee shall be under sixty-five years of age at the time his name is submitted to the governor. Judges of the superior court shall be subject to retention or rejection by a vote of the qualified electors of the county from which they were appointed at the general election in the manner provided by section 38 of this article.
C. A vacancy in the office of a justice or a judge of such courts of record shall be filled by appointment by the governor without regard to political affiliation from one of the nominees whose names shall be submitted to him as hereinabove provided. In making the appointment, the governor shall consider the diversity of the state's population for an appellate court appointment and the diversity of the county's population for a trial court appointment, however the primary consideration shall be merit. If the governor does not appoint one of such nominees to fill such vacancy within sixty days after their names are submitted to the governor by such commission, the chief justice of the supreme court forthwith shall appoint on the basis of merit alone without regard to political affiliation one of such nominees to fill such vacancy. If such commission does not, within sixty days after such vacancy occurs, submit the names of nominees as hereinabove provided, the governor shall have the power to appoint any qualified person to fill such vacancy at any time thereafter prior to the time the names of the nominees to fill such vacancy are submitted to the governor as hereinabove provided. Each justice or judge so appointed shall initially hold office for a term ending sixty days following the next regular general election after the expiration of a term of two years in office. Thereafter, the terms of justices or judges of the supreme court and the superior court shall be as provided by this article.
D. A person appointed to fill a vacancy on an intermediate appellate court or another court of record now existing or hereafter established by law shall have been a resident of the counties or county in which that vacancy exists for at least one year prior to his appointment, in addition to possessing the other required qualifications. A nominee shall be under sixty-five years of age at the time his name is submitted to the governor.
Added, election Nov. 5, 1974 , effective Dec. 5, 1974 ; amended, election Nov. 3, 1992 , effective Nov. 23, 1992 .
Section 38. Declaration of candidacy; form of judicial ballot, rejection and retention; failure to file declaration
Section 38. A. A justice or judge of the supreme court or an intermediate appellate court shall file in the office of the secretary of state, and a judge of the superior court or other court of record including such justices or judges who are holding office as such by election or appointment at the time of the adoption of this section except for judges of the superior court and other courts of record inferior to the superior court in counties having a population of less than two hundred fifty thousand persons, according to the United States census, shall file in the office of the clerk of the board of supervisors of the county in which he regularly sits and resides, not less than sixty nor more than ninety days prior to the regular general election next preceding the expiration of his term of office, a declaration of his desire to be retained in office, and the secretary of state shall certify to the several boards of supervisors the appropriate names of the candidate or candidates appearing on such declarations filed in his office.
B. The name of any justice or judge whose declaration is filed as provided in this section shall be placed on the appropriate official ballot at the next regular general election under a nonpartisan designation and in substantially the following form:
Shall ____________________, (Name of Justice or Judge) of the _________________ Court be retained in Office? Yes ______ No ______ ( Mark X after one).
C. If a majority of those voting on the question votes "No," then, upon the expiration of the term for which such justice or judge was serving, a vacancy shall exist, which shall be filled as provided by this article. If a majority of those voting on the question votes "Yes," such justice or judge shall remain in office for another term, subject to removal as provided by this constitution.
D. The votes shall be counted and canvassed and the result declared as in the case of state and county elections, whereupon a certificate of retention or rejection of the incumbent justice or judge shall be delivered to him by the secretary of state or the clerk of the board of supervisors, as the case may be.
E. If a justice or judge fails to file a declaration of his desire to be retained in office, as required by this section, then his office shall become vacant upon expiration of the term for which such justice or judge was serving.
Added, election Nov. 5, 1974 , effective Dec. 5, 1974 ; amended, election Nov. 3, 1992 , effective Nov. 23, 1992 .
Section 39. Retirement of justices and judges; vacancies
Section 39. On attaining the age of seventy years a justice or judge of a court of record shall retire and his judicial office shall be vacant, except as otherwise provided in section 35 of this article. In addition to becoming vacant as provided in this section, the office of a justice or judge of any court of record becomes vacant upon his death or his voluntary retirement pursuant to statute or his voluntary resignation, and also, as provided in section 38 of this article, upon the expiration of his term next following a general election at which a majority of those voting on the question of his retention vote in the negative or for which general election he is required, but fails, to file a declaration of his desire to be retained in office.
This section is alternative to and cumulative with the methods of removal of judges and justices provided in parts 1 and 2 of article 8 and article 6.1 of this constitution.
Added, election Nov. 5, 1974 , effective Dec. 5, 1974 .
Section 40. Option for counties with less than two hundred fifty thousand persons
Section 40. Notwithstanding any provision of this article to the contrary, any county having a population of less than two hundred fifty thousand persons, according to the most recent United States census, may choose to select its judges of the superior court or of courts of record inferior to the superior court as if it had a population of two hundred fifty thousand or more persons. Such choice shall be determined by vote of the qualified electors of such county voting on the question at an election called for such purpose by resolution of the board of supervisors of such county. If such qualified electors approve, the provisions of sections 12, 28, 30, 35 through 39, 41 and 42 shall apply as if such county had a population of two hundred fifty thousand persons or more.
Added, election Nov. 5, 1974 , effective Dec. 5, 1974 ; amended, election Nov. 3, 1992 , effective Nov. 23, 1992 .
Section 41. Superior court divisions; commission on trial court appointments; membership; terms
A. Except as otherwise provided, judges of the superior court in counties having a population of two hundred fifty thousand persons or more according to the most recent United States census shall hold office for a regular term of four years.
B. There shall be a nonpartisan commission on trial court appointments for each county having a population of two hundred fifty thousand persons or more according to the most recent United States census which shall be composed of the following members:
1. The chief justice of the supreme court, who shall be the chairman of the commission. In the event of the absence or incapacity of the chairman the supreme court shall appoint a justice thereof to serve in his place and stead.
2. Five attorney members, none of whom shall reside in the same supervisorial district and not more than three of whom shall be members of the same political party, who are nominated by the board of governors of the state bar of Arizona and who are appointed by the governor subject to confirmation by the senate in the manner prescribed by law.
3. Ten nonattorney members, no more than two of whom shall reside in the same supervisorial district.
C. At least ninety days prior to a term expiring or within twenty-one days of a vacancy occurring for a nonattorney member on the commission for trial court appointments, the member of the board of supervisors from the district in which the vacancy has occurred shall appoint a nominating committee of seven members who reside in the district, not more than four of whom may be from the same political party. The make-up of the committee shall, to the extent feasible, reflect the diversity of the population of the district. members shall not be attorneys and shall not hold any governmental office, elective or appointive, for profit. The committee shall provide public notice that a vacancy exists and shall solicit, review and forward to the governor all applications along with the committee's recommendations for appointment. The governor shall appoint two persons from each supervisorial district who shall not be of the same political party, subject to confirmation by the senate in the manner prescribed by law.
D. In making or confirming appointments to trial court commissions, the governor, the senate and the state bar shall endeavor to see that the commission reflects the diversity of the county's population.
E. Members of the commission shall serve staggered four year terms, except that initial appointments for the five additional nonattorney members and the two additional attorney members of the commission shall be designated by the governor as follows:
1. One appointment for a nonattorney member shall be for a one-year term.
2. Two appointments for nonattorney members shall be for a two-year term.
3. Two appointments for nonattorney members shall be for a three-year term.
4. One appointment for an attorney member shall be for a one-year term.
5. One appointment for an attorney member shall be for a two-year term.
F. Vacancies shall be filled for the unexpired terms in the same manner as the original appointments.
G. Attorney members of the commission shall have resided in this state and shall have been admitted to practice in this state by the supreme court for at least five years and shall have resided in the supervisorial district from which they are appointed for at least one year. Nonattorney members shall have resided in this state for at least five years, shall have resided in the supervisorial district for at least one year before being nominated and shall not be judges, retired judges nor admitted to practice before the supreme court. None of the attorney or nonattorney members of the commission shall hold any governmental office, elective or appointive, for profit and no attorney member is eligible for appointment to any judicial office of this state until one year after membership in the commission terminates.
H. No person other than the chief justice shall serve at the same time as a member of more than one judicial appointment commission.
I. The commission shall submit the names of not less than three individuals for nomination for the office of the superior court judge pursuant to section 37 of this article.
J. Prior to making recommendations to the governor, the commission shall conduct investigations, hold public hearings and take public testimony. An executive session as prescribed by rule may be held upon a two-thirds vote of the members of the commission in a public hearing. Final decisions as to recommendations shall be made without regard to political affiliation in an impartial and objective manner. The commission shall consider the diversity of the county's population and the geographical distribution of the residences of the judges throughout the county, however the primary consideration shall be merit. Voting shall be in a public hearing. The expenses of meetings of the commission and the attendance of members thereof for travel and subsistence shall be paid from the general fund of the state as state officers are paid, upon claims approved by the chairman.
K. After public hearings the supreme court shall adopt rules of procedure for the commission on trial court appointments.
L. The members of the commission who were appointed pursuant to section 36 of this article prior to the effective date of this section may continue to serve until the expiration of their normal terms. All subsequent appointments shall be made as prescribed by this section.
Added, election Nov. 3, 1992 , effective Nov. 23, 1992 .
Section 42. Retention evaluation of justices and judges
The supreme court shall adopt, after public hearings, and administer for all justices and judges who file a declaration to be retained in office, a process, established by court rules for evaluating judicial performance. The rules shall include written performance standards and performance reviews which survey opinions of persons who have knowledge of the justice's or judge's performance. The public shall be afforded a full and fair opportunity for participation in the evaluation process through public hearings, dissemination of evaluation reports to voters and any other methods as the court deems advisable.
Added, election Nov. 3, 1992 , effective Nov. 23, 1992 .
ARTICLE VII - COMMISSION ON JUDICIAL CONDUCT
Added by election Nov. 3, 1970 , effective Nov. 27, 1970 .
Section 1. Composition; appointment; term; vacancies
Section 1. A. A commission on judicial conduct is created to be composed of eleven persons consisting of two judges of the court of appeals, two judges of the superior court, one justice of the peace and one municipal court judge, who shall be appointed by the supreme court, two members of the state bar of Arizona, who shall be appointed by the governing body of such bar association, and three citizens who are not judges, retired judges nor members of the state bar of Arizona, who shall be appointed by the governor subject to confirmation by the senate in the manner prescribed by law.
B. Terms of members of the commission shall be six years, except that initial terms of two members appointed by the supreme court and one member appointed by the state bar of Arizona for terms which begin in January, 1991 shall be for two years and initial terms of one member appointed by the supreme court and one member appointed by the state bar of Arizona for terms which begin in January, 1991 shall be for four years. If a member ceases to hold the position that qualified him for appointment his membership on the commission terminates. An appointment to fill a vacancy for an unexpired term shall be made for the remainder of the term by the appointing power of the original appointment.
Added, election Nov. 3, 1970 , effective Nov. 27, 1970 ; amended, election Nov. 2, 1976 , effective Nov. 22, 1976 ; amended, election Nov. 8, 1988 , effective Dec. 5, 1988 .
Section 2. Disqualification of judge
Section 2. A judge is disqualified from acting as a judge, without loss of salary, while there is pending an indictment or an information charging him in the United States with a crime punishable as a felony under Arizona or federal law, or a recommendation to the supreme court by the commission on judicial conduct for his suspension, removal or retirement.
Added, election Nov. 3, 1970 , effective Nov. 27, 1970 ; amended, election Nov. 8, 1988 , effective Dec. 5, 1988 .
Section 3. Suspension or removal of judge
Section 3. On recommendation of the commission on judicial conduct, or on its own motion, the supreme court may suspend a judge from office without salary when, in the United States, he pleads guilty or no contest or is found guilty of a crime punishable as a felony under Arizona or federal law or of any other crime that involves moral turpitude under such law. If his conviction is reversed the suspension terminates, and he shall be paid his salary for the period of suspension. If he is suspended and his conviction becomes final the supreme court shall remove him from office.
Added, election Nov. 3, 1970 , effective Nov. 27, 1970 ; amended, election Nov. 8, 1988 , effective Dec. 5, 1988 .
Section 4. Retirement of judge
Section 4. A. On recommendation of the commission on judicial conduct, the supreme court may retire a judge for disability that seriously interferes with the performance of his duties and is or is likely to become permanent, and may censure, suspend without pay or remove a judge for action by him that constitutes wilful misconduct in office, wilful and persistent failure to perform his duties, habitual intemperance or conduct prejudicial to the administration of justice that brings the judicial office into disrepute.
B. A judge retired by the supreme court shall be considered to have retired voluntarily. A judge removed by the supreme court is ineligible for judicial office in this state.
Added, election Nov. 3, 1970 , effective Nov. 27, 1970 ; amended, election Nov. 8, 1988 , effective Dec. 5, 1988 .
Section 5. Definitions and rules implementing article
Section 5. The term "judge" as used in this article shall apply to all justices of the peace, judges in courts inferior to the superior court as may be provided by law, judges of the superior court, judges of the court of appeals and justices of the supreme court. The supreme court shall make rules implementing this article and providing for confidentiality of proceedings. A judge who is a member of the commission or supreme court shall not participate as a member in any proceedings hereunder involving his own censure, suspension, removal or involuntary retirement.
Added, election Nov. 3, 1970 , effective Nov. 27, 1970 ; amended, election Nov. 8, 1988 , effective Dec. 5, 1988 .
Section 6. Article self-executing
Section 6. The provisions of this article shall be self-executing.
Added, election Nov. 3, 1970 , effective Nov. 27, 1970 .
ARTICLE VII - SUFFRAGE AND ELECTIONS
Section 1. Method of voting; secrecy
Section 1. All elections by the people shall be by ballot, or by such other method as may be prescribed by law; provided, that secrecy in voting shall be preserved.
Section 2. Qualifications of voters; disqualification
Section 2. A. No person shall be entitled to vote at any general election, or for any office that now is, or hereafter may be, elective by the people, or upon any question which may be submitted to a vote of the people, unless such person be a citizen of the United States of the age of eighteen years or over, and shall have resided in the state for the period of time preceding such election as prescribed by law, provided that qualifications for voters at a general election for the purpose of electing presidential electors shall be as prescribed by law. The word "citizen" shall include persons of the male and female sex.
B. The rights of citizens of the United States to vote and hold office shall not be denied or abridged by the state, or any political division or municipality thereof, on account of sex, and the right to register, to vote and to hold office under any law now in effect, or which may hereafter be enacted, is hereby extended to, and conferred upon males and females alike.
C. No person who is adjudicated an incapacitated person shall be qualified to vote at any election, nor shall any person convicted of treason or felony, be qualified to vote at any election unless restored to civil rights.
Amended, election Nov. 5, 1912 , effective Dec. 12, 1912 ; election Nov. 6, 1962 , effective Nov. 26, 1962 ; amended election Nov. 7, 2000 , effective Dec. 7, 2000 .
Section 3. Voting residence of federal employees and certain others
Section 3. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of being present or absent while employed in the service of the United States, or while a student at any institution of learning, or while kept at any institution or other shelter at public expense, or while confined in any public jail or prison.
Amended, election Nov. 7, 2000 , effective Dec. 7, 2000 .
Section 4. Privilege of electors from arrest
Section 4. Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at any election, and in going thereto and returning therefrom.
Section 5. Military duty on day of election
Section 5. No elector shall be obliged to perform military duty on the day of an election, except in time of war or public danger.
Section 6. Residence of military personnel stationed within state
Section 6. No soldier, seaman, or marine, in the army or navy of the United States shall be deemed a resident of this state in consequence of his being stationed at any military or naval place within this state.
Section 7. Highest number of votes received as determinative of person elected
Section 7. In all elections held by the people in this state, the person, or persons, receiving the highest number of legal votes shall be declared elected.
Amended, election Nov. 8, 1988 , effective Dec. 5, 1988 ; amended, election Nov. 3, 1992 , effective Nov. 23, 1992 .
Section 8. Qualifications for voters at school elections
Section 8. Qualifications for voters at school elections shall be as are now, or as may hereafter be, provided by law.
Section 9. Advisory vote
Section 9. For the purpose of obtaining an advisory vote of the people, the legislature shall provide for placing the names of candidates for United States senator on the official ballot at the general election next preceding the election of a United States senator.
Section 10. Direct primary election law
Section 10. The legislature shall enact a direct primary election law, which shall provide for the nomination of candidates for all elective state, county, and city offices, including candidates for United States Senator and for Representative in Congress. Any person who is registered as no party preference or independent as the party preference or who is registered with a political party that is not qualified for representation on the ballot may vote in the primary election of any one of the political parties that is qualified for the ballot.
Amended, election Nov. 3, 1998 , effective December 10, 1998 .
Section 11. General elections; date
Section 11. There shall be a general election of representatives in congress, and of state, county, and precinct officers on the first Tuesday after the first Monday in November of the first even numbered year after the year in which Arizona is admitted to statehood and biennially thereafter.
Section 12. Registration and other laws
Section 12. There shall be enacted registration and other laws to secure the purity of elections and guard against abuses of the elective franchise.
Section 13. Submission of questions upon bond issues or special assessments
Section 13. Questions upon bond issues or special assessments shall be submitted to the vote of real property tax payers, who shall also in all respects be qualified electors of this state, and of the political subdivision thereof affected by such question.
Amended, election Nov. 4, 1930 , effective Dec. 1, 1930 .
Section 14. Fee for placing candidate's name on ballot
Section 14. No fee shall ever be required in order to have the name of any candidate placed on the official ballot for any election or primary.
Section 15. Qualifications for public office
Section 15. Every person elected or appointed to any elective office of trust or profit under the authority of the state, or any political division or any municipality thereof, shall be a qualified elector of the political division or municipality in which such person shall be elected.
Amended, election Nov. 5, 1912 , effective Dec. 12, 1912 ; election Nov. 2, 1948 , effective Nov. 22, 1948 ; election Nov. 7, 1972 , effective Dec. 1, 1972 .
Section 16. Campaign contributions and expenditures; publicity
Section 16. The legislature, at its first session, shall enact a law providing for a general publicity, before and after election, of all campaign contributions to, and expenditures of campaign committees and candidates for public office.
Section 17. Vacancy in congress
Section 17. There shall be a primary and general election as prescribed by law, which shall provide for nomination and election of a candidate for United States senator and for representative in congress when a vacancy occurs through resignation or any other cause.
Added, election Nov. 6, 1962 , effective Nov. 26, 1962 .
Section 18. Term limits on ballot appearances in congressional elections
Section 18. The name of any candidate for United States Senator from Arizona shall not appear on the ballot if, by the end of the current term of office, the candidate will have served (or, but for resignation, would have served) in that office for two consecutive terms, and the name of a candidate for United States Representative from Arizona shall not appear on the ballot if, by the end of the current term of office, the candidate will have served (or, but for resignation, would have served) in that office for three consecutive terms. Terms are considered consecutive unless they are at least one full term apart. Any person appointed or elected to fill a vacancy in the United States Congress who serves at least one half of a term of office shall be considered to have served a term in that office for purposes of this section. For purposes of this section, terms beginning before January 1, 1993 shall not be considered.
Added, election Nov. 3, 1992 , effective Nov. 23, 1992 .
ARTICLE VIII - REMOVAL FROM OFFICE
PART 1. RECALL OF PUBLIC OFFICERS
Section 1. Officers subject to recall; petitioners
Section 1. Every public officer in the state of Arizona , holding an elective office, either by election or appointment, is subject to recall from such office by the qualified electors of the electoral district from which candidates are elected to such office. Such electoral district may include the whole state. Such number of said electors as shall equal twenty-five per centum of the number of votes cast at the last preceding general election for all of the candidates for the office held by such officer, may by petition, which shall be known as a recall petition, demand his recall.
Amended, election Nov. 5, 1912 , effective Dec. 12, 1912 .
Section 2. Recall petitions; contents; filing; signatures; oath
Section 2. Every recall petition must contain a general statement, in not more than two hundred words, of the grounds of such demand, and must be filed in the office in which petitions for nominations to the office held by the incumbent are required to be filed. The signatures to such recall petition need not all be on the one sheet of paper, but each signer must add to his signature the date of his signing said petition, and his place of residence, giving his street and number, if any, should he reside in a town or city. One of the signers of each sheet of such petition, or the person circulating such sheet, must make and subscribe an oath on said sheet, that the signatures thereon are genuine.
Section 3. Resignation of officer; special election
Section 3. If such officer shall offer his resignation it shall be accepted, and the vacancy shall be filled as may be provided by law. If he shall not resign within five days after a recall petition is filed as provided by law, a special election shall be ordered to be held as provided by law, to determine whether such officer shall be recalled. On the ballots at such election shall be printed the reasons as set forth in the petition for demanding his recall, and, in not more than two hundred words, the officer's justification of his course in office. He shall continue to perform the duties of his office until the result of such election shall have been officially declared.
Amended, election Nov. 5, 1974 , effective Dec. 5, 1974 .
Section 4. Special election; candidates; results; qualification of successor
Section 4. Unless the incumbent otherwise requests, in writing, the incumbent's name shall be placed as a candidate on the official ballot without nomination. Other candidates for the office may be nominated to be voted for at said election. The candidate who receives the highest number of votes shall be declared elected for the remainder of the term. Unless the incumbent receives the highest number of votes, the incumbent shall be deemed to be removed from office, upon qualification of the successor. In the event that the successor shall not qualify within five days after the result of said election shall have been declared, the said office shall be vacant, and may be filled as provided by law.
Amended, election Nov. 8, 1988 , effective Dec. 5, 1988 ; amended, election Nov. 3, 1992 , effective Nov. 23, 1992 .
Section 5. Recall petitions; restrictions and conditions
Section 5. No recall petition shall be circulated against any officer until he shall have held his office for a period of six months, except that it may be filed against a member of the legislature at any time after five days from the beginning of the first session after his election. After one recall petition and election, no further recall petition shall be filed against the same officer during the term for which he was elected, unless petitioners signing such petition shall first pay into the public treasury which has paid such election expenses, all expenses of the preceding election.
Section 6. Application of general election laws; implementary legislation
Section 6. The general election laws shall apply to recall elections i