Arizona Emergency Declarations Amendment (2024)

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Arizona Emergency Declarations Amendment
Flag of Arizona.png
Election date
November 5, 2024
Topic
State executive official measures
Status
On the ballot
Type
Constitutional amendment		Origin
State legislature

The Arizona Emergency Declarations Amendment is on the ballot in Arizona as a legislatively referred constitutional amendment on November 5, 2024.

A "yes" vote supports providing for the state legislature to terminate a state of emergency or alter the emergency powers granted to the governor during a state of emergency, and providing for a state of emergency to automatically terminate 30 days after it is declared unless the state legislature extends the emergency powers granted to the governor, except in cases for a state of war emergency or an emergency arising from a flood or a fire.

A "no" vote opposes providing for the state legislature to terminate a state of emergency or alter the emergency powers granted to the governor during a state of emergency and providing for a state of emergency to automatically terminate 30 days after it is declared unless the state legislature extends the emergency powers granted to the governor, except in cases for a state of war emergency or an emergency arising from a flood or a fire.


Overview

How would this amendment change the governor's state of emergency powers?

See also: Text of measure

This amendment would provide for the legislature to terminate a state of emergency or alter the emergency powers of the governor during the state of emergency. The legislature would need to provide a petition containing the signatures of at least one third of the members of each house to the governor in order to request a special session to terminate or alter the powers of the governor during a state of emergency. Under this measure, the governor would have to call the special session on the date specified.[1]

The amendment would also provide for any emergency powers granted to the governor to automatically terminate 30 days after the state of emergency is proclaimed, unless the state legislature extends the emergency powers granted to the governor, except in cases for a state of war emergency or an emergency arising from a flood or a fire. Under this measure, the governor would not be able to proclaim a new state of emergency arising from the same conditions by which the state of emergency was proclaimed. The measure would also provide that if the state legislature does extend the state of emergency, they may also alter the governor's powers granted during the state of emergency.[1]

What is the emergency declaration process in Arizona?

See also: Arizona emergency declaration process

In Arizona, the governor has the authority to declare a state of emergency. A city, town, county, tribe, or other state agency would pass a resolution requesting assistance from the state if an emergency occurs within their jurisdiction. The Recovery Branch of the Arizona Department of Emergency & Military Affairs (DEMA) would collaborate with the jurisdiction to conduct joint Preliminary Damage Assessments (PDA). Following the completion of the PDA, the Recovery Branch would review the findings and collaborate with the Director of Emergency Management. The director of Emergency Management would then request the director of DEMA to make a recommendation to the Governor regarding the declaration of a state of emergency.[2]

Did other states change state emergency power laws in response to the coronavirus pandemic?

See also: Changes to state emergency power laws in response to the coronavirus (COVID-19) pandemic

As of 2023, 12 bills aimed at increasing legislative oversight of gubernatorial emergency power authority have been enacted in nine states, including Arkansas, Colorado, Indiana, Kansas, Kentucky, New York, Ohio, Pennsylvania, and Utah, since March 2020.

In Pennsylvania on May 18, 2021, voters approved Question 2, which limited the governor's declaration to 21 days unless the legislature votes on a concurrent resolution to extend the order. Voters approved the amendment by 51%-48%.

Text of measure

Constitutional changes

See also: Arizona Constitution

The ballot measure would amend Article 4, Part 2, Section 1 and Article 5, Section 4 of the Arizona Constitution. The following underlined text would be added and struck-through text would be deleted:[1]

Note: Use your mouse to scroll over the below text to see the full text.

Text of Article 4, Part 2, Section 1: Senate; House of Representatives; Members; Special Session upon Petition of Members; Congressional and Legislative Boundaries; Citizen Commissions

(1) A. The senate shall be composed of one member elected from each of the thirty legislative districts established pursuant to this section. B.The house of representatives shall be composed of two members elected from each of the thirty legislative districts established pursuant to this section. (2) C. Upon on the presentation to the governor of a petition bearing the signatures of not less than at least 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 that may be considered by the legislature shall not be limited. On the presentation to the governor of a petition bearing the signatures of at least one-third of the members of each house requesting a special session of the legislature for the purpose of terminating or altering the emergency powers granted to the governor during a state of emergency 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 that may be considered by the legislature are limited to emergency powers granted to the governor during a state of emergency.

(3) D. By On or before 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 Not more than two members of the independent redistricting commission shall be members of the same political party. Of the first four members appointed, no not 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, and 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) E. 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) F. By On or before 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) G. Appointments to the independent redistricting commission shall be made in the order set forth below. No Not 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 If 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) H. 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) I. 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 is not be registered with any party already represented on the independent redistricting commission and who shall serve as chair chairperson. 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 chairperson.

(9) J. The five commissioners shall then select by majority vote one of their members to serve as vice-chair vice-chairperson.

(10) K. 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) L. If a commissioner or chair chairperson 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 that member's appointment, and the appointment other than the chair chairperson shall be made by the current holder of the office designated to make the original appointment. The appointment of a new chair chairperson shall be made by the remaining commissioners. If the appointment of a replacement commissioner or chair chairperson 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) M. Three commissioners, including the chair chairperson or vice-chair vice-chairperson, 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 forty-eight or more hours hours' public notice provided.

(13) N. A commissioner, during the commissioner's term of office and for three years thereafter, shall be is ineligible for Arizona public office or for registration as a paid lobbyist.

(14) O. 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. 1. Districts shall comply with the United States Constitution and the United States voting rights act;

B. 2. Congressional districts shall have equal population to the extent practicable, and state legislative districts shall have equal population to the extent practicable;

C. 3. Districts shall be geographically compact and contiguous to the extent practicable;

D. 4. District boundaries shall respect communities of interest to the extent practicable;

E. 5. To the extent practicable, district lines shall use visible geographic features, city, town and county boundaries, and undivided census tracts;

F. 6. To the extent practicable, competitive districts should be favored where to do so would create no significant detriment to the other goals.

(15) P. 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) Q. 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) R. 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) S. Upon On approval of this amendment, the department of administration or its successor shall make adequate office space available for the independent redistricting commission. The state 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 state 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) T. 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) U. 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) V. 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) W. 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) X. Each commissioner's duties established by this section expire upon on the appointment of the first member of the next independent 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.


Text of Article 5, Section 4: Governor; Powers and Duties; Special Sessions of Legislature; Message and Recommendations

A.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 on any subject relating to the duties of their respective offices. He The Governor shall take care that the laws be are faithfully executed. He The Governor may convene the legislature in extraordinary session. He The Governor shall communicate, by message, to the legislature at every session the condition of the state, and recommend such matters as he shall deem the governor deems expedient. B. If any emergency powers are authorized by state law to be granted to the Governor during a state of emergency, unless such powers are for a state of war emergency or an emergency arising from a flood or fire, the emergency powers granted to the Governor terminate either:

1. Thirty days after the date on which the state of emergency is proclaimed, unless the legislature extends the emergency powers granted to the governor during the state of emergency by concurrent resolution. If the legislature does not extend the emergency powers granted to the governor during the state of emergency or declare by concurrent resolution the emergency to be at an end, the governor may not proclaim a new state of emergency arising out of the same conditions for which the state of emergency was proclaimed. If the legislature does extend the emergency powers granted to the governor during the state of emergency, the legislature may also alter or limit such powers by concurrent resolution.

2. By proclamation of the Governor terminating the state of emergency or by concurrent resolution of the legislature declaring the emergency powers granted to the Governor to be at an end. [3]

Support

Supporters

Officials

Organizations

  • Arizona Free Enterprise Club

Arguments

  • Arizona Free Enterprise Club: "While reforms are necessary, it’s crucial to have a mechanism in place now that ensures proper checks and balances of the delegated authority no matter what current or future statutes on emergency powers look like. The most appropriate place to resolve these fundamental questions of how our government functions and how to employ checks and balances is within the framework of the constitution. Right now, it is entirely devoid of a process for the legislature to check executive authority. That’s why it’s critical that the legislature send HCR2039 to the voters. If passed, it answers this question in the Arizona Constitution to restrict the power of the Governor during a declared emergency. After the declaration, the Governor would be required to call the legislature into a special session by the tenth day and it would automatically terminate after 30 days unless extended by a concurrent resolution of the legislature."

Opposition

Opponents

Officials

Organizations

  • Arizona House Democrats
  • Arizona Public Health Association

Arguments

  • Arizona House Democrats: "The reality is that once a state of emergency is called it slips quickly from the media and the minds of the public. However, the lasting effects are ongoing and deeply personal for millions of Arizonans."
  • State Sen. Priya Sundareshan: "Our understanding and the interpretation is that you do need that active state of emergency declaration in order to be able to access the federal disaster funding."
  • Arizona Public Health Association: "If HCR2039 ends up on the ballot and passes, the Recovery phase of emergency response would basically not happen. The flow of money and authority to do the recovery work would have ended. There is no way to get a quorum & a majority of legislators to keep reauthorizing emergencies – especially when they’re not in session."


Campaign finance

See also: Campaign finance requirements for Arizona ballot measures

Ballotpedia has not identified ballot measure committees registered to support or oppose the ballot measure.[4]

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $0.00 $0.00 $0.00 $0.00 $0.00
Oppose $0.00 $0.00 $0.00 $0.00 $0.00

Background

Arizona emergency declaration process

In Arizona, as of 2023, a governor can proclaim a state of emergency if a city, town, county, tribe, or other state agency passed a resolution saying that an emergency exists within their jurisdiction, and that further help is needed from the state. As of 2023, an annual allocation of $4 million dollars was made to the Governor's Emergency Fund in order to address expenses associated with emergencies and disasters. The administration of this fund was overseen by the Recovery Section of the Arizona Department of Emergency & Military Affairs (DEMA).[2]

As of 2023, the assessment process would start with the jurisdiction (local, county, or state) evaluating the impacts and determining if assistance is necessary. Typically, assistance would be provided from one level of government at a time, from town to county to state to federal. If assistance would be required, the jurisdiction would seek help from the state, and the Recovery Branch of the Arizona Department of Emergency & Military Affairs (DEMA) would collaborate with the jurisdiction to conduct joint Preliminary Damage Assessments (PDA). These PDAs would serve as the initial step in documenting the extent and severity of the disaster's effects on individuals, families, businesses, and public property, and collecting information for disaster management purposes. The Recovery Branch would then review the findings from the PDA and would provide guidance to the Emergency Management Director. Based on the PDA findings, the Emergency Management Director may request that the director of DEMA make a recommendation to the Governor regarding whether or not to declare a state of emergency.[2]

Arizona coronavirus (COVID-19) emergency declarations

The COVID-19 Declaration of Emergency was issued in Arizona by Gov. Doug Ducey on March 11, 2020. The emergency declaration directed the Arizona Department of Health Services to coordinate the state’s response to the coronavirus pandemic. The emergency declaration established an enhanced surveillance advisory, the Arizona Surge Line, temporary waivers of professional licensing requirements in conjunction with licensing boards, and other emergency measures. The emergency declaration was terminated by Gov. Ducey on March 30, 2022.[5]

Changes to state emergency power laws in response to the coronavirus (COVID-19) pandemic

See also: Changes to state emergency power laws in response to the coronavirus (COVID-19) pandemic, 2020-2023

Since March 2020, as of May 2023, 12 bills aimed at increasing legislative oversight of gubernatorial emergency power authority have been enacted in nine states, including Arkansas, Colorado, Indiana, Kansas, Kentucky, New York, Ohio, Pennsylvania, and Utah.

One ballot measure has been approved in Pennsylvania that increased legislative oversight of emergency power authority.

According to the National Conference of State Legislatures, at least 45 state legislatures have introduced more than 300 bills that relate to the oversight of governors' emergency powers in 2021.[6]

Bills or ballot measures that modify executive branch emergency authority
State Bill Date enacted What changed?
Arkansas Senate Bill 379 and House Bill 1211 Senate Bill 379: March 19, 2021

House Bill 1211: February 10, 2021		 Senate Bill 379: Limited disaster emergencies to 60 days unless extended by the governor, allows legislative leadership to convene special sessions to debate ending disaster emergencies, and authorizes the Legislative Council to vote to block disaster emergency extensions beyond 60 days.

House Bill 1211: Prohibited the governor from closing or imposing restrictions that present a "substantial burden" on religious organizations during a state of emergency.
Colorado House Bill 1426 July 14, 2020 House Bill 1426: Required governor's office to hold three public meetings a year with the Executive Committee of the Legislative Council and the Joint Budget Committee to answer questions and provide information during a disaster emergency.
Indiana House Bill 1123 April 15, 2021 House Bill 1123: Allowed the General Assembly to convene a 40-day special session in a state of emergency, during which the Assembly can vote to terminate the emergency.
Kansas Senate Bill 40 and House Bill 2016 Senate Bill 40: March 24, 2021

House Bill 2016: June 8, 2020		 Senate Bill 40: Allowed anyone who has been burdened by an executive order, school board policy, or county health directive to file a civil action in court. Empowered the Legislative Coordinating Council to override gubernatorial executive orders and expanded it from seven to eight members.

House Bill 2016: Prohibited governor from declaring new COVID-19 states of emergency in 2020 without first seeking approval from at least six members of the state finance council. Limited the number of days the governor could close businesses and amended the Kansas Emergency Management Act to require the governor to terminate an emergency proclamation within 15 days unless the legislature vote to extend it through a concurrent resolution.
Kentucky Senate bill 1 and Senate Bill 2 February 2, 2021 Senate bill 1: Limited the governor's emergency orders to 30 days unless extended by the legislature and required the governor to seek approval from the attorney general when issuing emergency orders that suspend statutes during an emergency.

Senate Bill 2: Granted legislative committees more oversight of the governor's emergency administrative regulations and requires public input for some emergency regulations.
New York Senate Bill 5357 March 7, 2021 Senate Bill 5357: Repealed Gov. Andrew Cuomo's powers to respond to the pandemic through executive orders under Chapter 23 of the laws of 2020 and authorized the legislature to revoke via a concurrent resolution any executive order issued under Chapter 23.
Ohio Senate Bill 22 March 24, 2021 Senate Bill 22: Provided the legislature with the authority to cancel health orders that last longer than 30 days and required the governor to renew such orders every 60 days.
Pennsylvania House Bill 2463 and Senate Bill 2 House Bill 2463: July 27, 2020

Senate Bill 2: May 18, 2021		 House Bill 2463: Amended the Administrative Code of 1929 to prohibit the governor from directing state agencies to ignore requests for public records during disaster declarations.

Senate Bill 2: Legislatively referred constitutional amendments. The amendments limited emergency declarations to 21 days unless extended by the legislature and allowed the Pennsylvania General Assembly to pass resolutions terminating emergencies.
Utah House Bill 3005 May 11, 2020 Required the governor to alert the legislative pandemic response team within 24 hours of taking any executive actions in response to an epidemic or pandemic and allowed the legislature to issue a joint resolution terminating executive actions taken in response to a pandemic or epidemic.

COVID-19 emergency orders by state

See also: State emergency health orders during the coronavirus (COVID-19) pandemic, 2021-2023

The map below shows the status of COVID-19 emergency orders in all 50 states.

Path to the ballot

Amending the Arizona Constitution

See also: Amending the Arizona Constitution

Either chamber of the Arizona State Legislature is allowed to propose an amendment. A majority of members of both chambers must approve it. If they do, the proposed amendment goes on a statewide ballot for a popular vote of the people. Approval from a simple majority of voters is then required to make it part of the constitution.

Amendment in the state Legislature

The amendment was introduced to the Arizona House of Representatives on February 7, 2023. It passed the House on March 1, 2023, by a 31-28 vote. On June 12, 2023, the Arizona State Senate passed the amendment by 16-14.[1]

Vote in the Arizona House of Representatives
March 1, 2023
Requirement:
Number of yes votes required: 31  Approveda
YesNoNot voting
Total31281
Total percent51.6%46.6%1.6%
Democrat0281
Republican3100
Vote in the Arizona State Senate
June 12, 2023
Requirement:
Number of yes votes required: 16  Approveda
YesNoNot voting
Total16140
Total percent53.3%46.6%0%
Democrat0140
Republican1600

How to cast a vote

See also: Voting in Arizona

Click "Show" to learn more about current voter registration rules, identification requirements, and poll times in Arizona.

See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 Arizona Legislature, "AZ HCR2039," accessed June 13, 2023
  2. ↑ 2.0 2.1 2.2 DEMA.AZ, "Declaration Process," accessed June 29, 2023
  3. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  4. ↑ Arizona Secretary of State, "Election Funds Portal," accessed June 27, 2023
  5. ↑ AZDHS, "AZ Ends Covid-19 Emergency Declaration," March 31, 2022
  6. ↑ National Conference of State Legislatures, "Legislative Oversight of Emergency Executive Powers," March 2, 2021
  7. ↑ Arizona Revised Statutes, "Title 16, Section 565," accessed March 14, 2023
  8. ↑ Arizona generally observes Mountain Standard Time; however, the Navajo Nation observes daylight saving time. Because of this, Mountain Daylight Time is sometimes observed in Arizona.
  9. ↑ 9.0 9.1 Arizona Secretary of State, "Registration Requirements," accessed March 14, 2023
  10. ↑ Arizona Legislature, "HB2492," accessed March 14, 2023
  11. ↑ ArizonaElections.gov, "What ID Do I Need to Vote Quiz," accessed March 14, 2023
  12. ↑ FindLaw.com, "Arizona Revised Statutes Title 16. Elections and Electors § 16-579. Procedure for obtaining ballot by elector," accessed March 14, 2023
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