voting centers; precinct voting

concurrent resolution

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~~Be it resolved by the House of Representatives of the State of Arizona,the Senate concurring:1. Under the power of the referendum, as vested in the Legislature,the following measure, relating to voting centers and precincts, isenacted to become valid as a law if approved by the voters and on~~Strike everything after the resolving clause and insert:"1. Under the power of the referendum, as vested in theLegislature, the following measure, relating to municipal and county fees,is enacted to become valid as a law if approved by the voters and on

proclamation of the Governor:

AN ACT

~~AMENDING SECTIONS 16-411, 16-531, 16-542, 16-579.01,16-579.02, 16-1017 AND 16-1018, ARIZONA REVISED STATUTES;RELATING TO VOTING CENTERS AND PRECINCTS.~~AMENDING TITLE 9, CHAPTER 4, ARTICLE 8, ARIZONA REVISEDSTATUTES, BY ADDING SECTION 9-500.54; REPEALING SECTION9-500.54, ARIZONA REVISED STATUTES; AMENDING TITLE 11, CHAPTER2, ARTICLE 4, ARIZONA REVISED STATUTES, BY ADDING SECTION11-269.31; REPEALING SECTION 11-269.31, ARIZONA REVISEDSTATUTES; RELATING TO MUNICIPAL AND COUNTY FEES.

Be it enacted by the Legislature of the State of Arizona:

~~Section 1. Section 16-411, Arizona Revised Statutes, isamended to read:16-411. Designation of election precincts and pollingplaces; electioneering; wait timesA. The board of supervisors of each county, on orbefore October 1 of each year preceding the year of a generalelection, by an order, shall establish a convenient number ofelection precincts in the county and define the boundaries ofthe precincts as follows:1. The election precinct boundaries shall beestablished so as to be included within election districtsprescribed by law for elected officers of the state and itspolitical subdivisions, including community college districtprecincts, except those elected officers provided for intitles 30 and 48. AT THE TIME ELECTION PRECINCTS AREDESIGNATED, AN ELECTION PRECINCT MAY NOT CONTAIN MORE THAN TWOTHOUSAND FIVE HUNDRED REGISTERED VOTERS.2. If after October 1 of the year preceding the year ofa general election the board of supervisors must furtheradjust precinct boundaries due to the redistricting ofelection districts as prescribed by law and to comply withthis subsection, the board of supervisors shall adjust theseprecinct boundaries as soon as is practicable.B. At least twenty days before a general or primaryelection, and at least ten days before a special election, theboard shall designate one polling place within each precinctwhere the election shall be held, except that:1. On a specific finding of the board, included in theorder or resolution designating polling places pursuant tothis subsection, that no suitable polling place is availablewithin a precinct, a polling place for that precinct may bedesignated within an adjacent precinct.2. Adjacent precincts may be combined if boundaries soestablished are included in election districts prescribed bylaw for state elected officials and political subdivisionsincluding community college districts but not includingelected officials prescribed by titles 30 and 48. The officerin charge of elections may also split a precinct foradministrative purposes. The polling places shall be listedin separate sections of the order or resolution.3. On a specific finding of the board that the numberof persons who are listed as early voters pursuant to section16-544 and who are not expected to have their ballotstabulated at the polling place as prescribed in section16-579.02 is likely to substantially reduce the number ofvoters appearing at one or more specific polling places atthat election, adjacent precincts may be consolidated bycombining polling places and precinct boards for thatelection. The board of supervisors shall ensure that areasonable and adequate number of polling places will bedesignated for that election. Any consolidated polling placesshall be listed in separate sections of the order orresolution of the board.4. On a specific resolution of the board, The board OFSUPERVISORS may NOT authorize the use of voting centers inplace of or in addition to specifically designated pollingplaces. A voting center shall allow any voter in that countyto receive the appropriate ballot for that voter on electionday after presenting identification as prescribed in section16-579 and to lawfully cast the ballot. Voting centers may beestablished in coordination and consultation with the countyrecorder, at other county offices or at other locations in thecounty deemed appropriate.5. On a specific resolution of the board of supervisorsthat is limited to a specific election date and that is votedon by a recorded vote, the board may authorize the countyrecorder or other officer in charge of elections to useemergency voting centers as follows:(a) The board shall specify in the resolution thelocation and the hours of operation of the emergency votingcenters.(b) A qualified elector voting at an emergency votingcenter shall provide identification as prescribed in section16-579, except that notwithstanding section 16-579, subsectionA, paragraph 2, for any voting at an emergency voting center,the county recorder or other officer in charge of electionsmay allow a qualified elector to update the elector's voterregistration information as provided for in the secretary ofstate's instructions and procedures manual adopted pursuant tosection 16-452.(c) If an emergency voting center established pursuantto this section becomes unavailable and there is notsufficient time for the board of supervisors to convene toapprove an alternate location for that emergency votingcenter, the county recorder or other officer in charge ofelections may make changes to the approved emergency votingcenter location and shall notify the public and the board ofsupervisors regarding that change as soon as practicable. Thealternate emergency voting center shall be as close inproximity to the approved emergency voting center location aspossible.C. If the board fails to designate the place forholding the election, or if it cannot be held at or about theplace designated, the justice of the peace in the precinct,two days before the election, by an order, copies of which thejustice of the peace shall immediately post in three publicplaces in the precinct, shall designate the place within theprecinct for holding the election. If there is no justice ofthe peace in the precinct, or if the justice of the peacefails to do so, the election board of the precinct shalldesignate and give notice of the place within the precinct ofholding the election. For any election in which there are nocandidates for elected office appearing on the ballot, theboard may consolidate polling places and precinct boards andmay consolidate the tabulation of results for that election ifall of the following apply:1. All affected voters are notified by mail of thechange at least thirty-three days before the election.2. Notice of the change in polling places includesnotice of the new voting location, notice of the hours forvoting on election day and notice of the telephone number tocall for voter assistance.3. All affected voters receive information on earlyvoting that includes the application used to request an earlyvoting ballot.D. The board is not required to designate a pollingplace for special district mail ballot elections held pursuantto article 8.1 of this chapter, but the board may designateone or more sites for voters to deposit marked ballots until7:00 p.m. on the day of the election.E. Except as provided in subsection F of this section,a public school shall provide sufficient space for use as apolling place for any city, county or state election whenrequested by the officer in charge of elections.F. The principal of the school may deny a request toprovide space for use as a polling place for any city, countyor state election if, within two weeks after a request hasbeen made, the principal provides a written statementindicating a reason the election cannot be held in the school,including any of the following:1. Space is not available at the school.2. The safety or welfare of the children would bejeopardized.G. Beginning in 2026, the department of administrationshall coordinate with state agencies and counties to provideavailable and appropriate state-owned facilities for use as avoting location for any city, county or state election whenrequested by the officer in charge of elections.H. The board shall make available to the public as apublic record a list of the polling places for all precinctsin which the election is to be held.I. Except in the case of an emergency, any facilitythat is used as a polling place on election day or that isused as an early voting site during the period of early votingshall allow persons to electioneer and engage in otherpolitical activity outside of the seventy-five foot limitprescribed by section 16-515 in public areas and parking lotsused by voters. This subsection does not allow the temporaryor permanent construction of structures in public areas andparking lots or the blocking or other impairment of access toparking spaces for voters. The county recorder or otherofficer in charge of elections shall post on its website atleast two weeks before election day a list of those pollingplaces in which emergency conditions prevent electioneeringand shall specify the reason the emergency designation wasgranted and the number of attempts that were made to find apolling place before granting an emergency designation. Ifthe polling place is not on the website list of polling placeswith emergency designations, electioneering and otherpolitical activity shall be allowed outside of theseventy-five foot limit. If an emergency arises after thecounty recorder or other officer in charge of elections'initial website posting, the county recorder or other officerin charge of elections shall update the website as soon as ispracticable to include any new polling places, shall highlightthe polling place location on the website and shall specifythe reason the emergency designation was granted and thenumber of attempts that were made to find a polling placebefore granting an emergency designation.J. For the purposes of this section, a county recorderor other officer in charge of elections shall designate apolling place as an emergency polling place and thus prohibitpersons from electioneering and engaging in other politicalactivity outside of the seventy-five foot limit prescribed bysection 16-515 but inside the property of the facility that ishosting the polling place if any of the following occurs:1. An act of God renders a previously set polling placeas unusable.2. A county recorder or other officer in charge ofelections has exhausted all options and there are no suitablefacilities in a precinct that are willing to be a pollingplace unless a facility can be given an emergency designation.K. The secretary of state shall provide through theinstructions and procedures manual adopted pursuant to section16-452 the maximum allowable wait time for any election thatis subject to section 16-204 and provide for a method toreduce voter wait time at the polls in the primary and generalelections. The method shall consider at least all of thefollowing for primary and general elections in each precinct:1. The number of ballots voted in the prior primary andgeneral elections.2. The number of registered voters who voted early inthe prior primary and general elections.3. The number of registered voters and the number ofregistered voters who cast an early ballot for the currentprimary or general election.4. The number of registered voters whose early ballotswere tabulated on-site as prescribed in section 16-579.02 inthe prior primary and general elections.5. The number of election board members and clerks andthe number of rosters that will reduce voter wait time at thepolls.Sec. 2. Section 16-531, Arizona Revised Statutes, isamended to read:16-531. Appointment of election boards; qualificationsA. When an election is ordered, and not less thantwenty days before a general or primary election, the board ofsupervisors shall appoint for each election precinct, votingcenter or other voting location one inspector, one marshal,two judges and as many clerks of election as deemednecessary. The inspector, marshal, judges and clerks shall bequalified voters of the precinct for which appointed, exceptif there is not a sufficient number of persons available toprovide the number of appointments required, the inspector,marshal, judges and clerks shall be qualified voters of thisstate. The inspector, marshal and judges shall not havechanged their political party affiliation or their no partypreference affiliation since the last preceding generalelection, and if they are members of the two political partiesthat cast the highest number of votes in the state at the lastpreceding general election, they shall be divided equallybetween these two parties. There shall be an equal number ofinspectors in the various precincts in the county who aremembers of the two largest political parties. In eachprecinct where the inspector is a member of one of the twolargest political parties, the marshal in that precinct shallbe a member of the other of the two largest political parties.Whenever possible, any person appointed as an inspector shallhave had previous experience as an inspector, judge, marshalor clerk of elections. If there is no qualified person in agiven precinct, the appointment of an inspector may be madefrom names provided by the county party chairman. If not lessthan ninety days before the election the chairman of thecounty committee of either of the parties designates qualifiedvoters of the precinct, or of another precinct if there arenot sufficient members of that party available in the precinctto provide the necessary representation on the election boardas judge, such designated qualified voters shall be appointed.The judges, together with the inspector, shall constitute theboard of elections. Any registered voter in the electionprecinct, or in another election precinct if there are notsufficient persons available in the election precinct forwhich the clerks are being appointed, may be appointed asclerk.B. If the election precinct consists of fewer thanthree hundred qualified electors, the board of supervisors mayappoint not fewer than one inspector and two judges. Theboard of supervisors shall give notice of election precinctsconsisting of fewer than three hundred qualified electors tothe county chairmen of the two largest political parties notlater than thirty days before the election. The inspector andjudges shall be appointed in the same manner by party asprovided in subsection A of this section.C. If a nonpartisan election is ordered, not less thantwenty days before the election the governing board holdingthe election shall appoint, without consideration forpolitical party, a minimum of AT LEAST three election workersfor each polling place. The election workers shall consist ofat least one inspector and two judges. Whenever possible,they shall be qualified electors of the precinct locatedwithin the district, without consideration for politicalparty.D. For election boards established pursuant tosubsection B of this section, the inspector and two judgesshall be appointed to provide as equal as practicablerepresentation of members of the two largest political partieson the board in the same manner as provided for the electionboards prescribed by subsection A of this section. Anyregistered voter in the election precinct, or in anotherelection precinct if there are not sufficient personsavailable in the election precinct for which the clerks arebeing appointed, may be appointed as clerk. No United States,state, county or precinct officer, nor a candidate for officeat the election, other than a precinct committeeman or acandidate for the office of precinct committeeman, isqualified to act as judge, inspector, marshal or clerk.E. If an electronic voting system is in use thewrite-in ballots shall be tallied by a board of electionsconsisting of one inspector and two judges who are appointedin the same manner by party as provided in subsection A ofthis section.F. Notwithstanding any other law, the board ofsupervisors may appoint to an election board to serve as aclerk of election a person who is not eligible to vote if allof the following conditions are met:1. The person is a minor who will be at least sixteenyears of age at the time of the election for which the personis named to the election board.2. The person is a citizen of the United States at thetime of the election for which the person is named to theelection board.3. The person is supervised by an adult who has beentrained as an elections officer.4. The person has received training provided by theofficer in charge of elections.5. The parent or guardian of the person has providedwritten permission for the person to serve.G. A school district or charter school shall not berequired to reduce its average daily membership, as defined insection 15-901, for any pupil who is absent from one or moreinstructional programs as a result of the pupil's service onan election board pursuant to subsection F of this section.H. A school district or charter school shall not countany pupil's absence from one or more instructional programs asa result of the pupil's service on an election board pursuantto subsection F of this section against any mandatoryattendance requirements for the pupil.I. This section does not prevent the board ofsupervisors or governing body from refusing for cause toreappoint, or from removing for cause, an election boardmember.Sec. 3. Section 16-542, Arizona Revised Statutes, isamended to read:16-542. Request for ballot; civil penalties; violation;classificationA. Within ninety-three days before any election calledpursuant to the laws of this state, an elector may make averbal or signed request to the county recorder, or otherofficer in charge of elections for the applicable politicalsubdivision of this state in whose jurisdiction the elector isregistered to vote, for an official early ballot. In additionto name and address, the requesting elector shall provide thedate of birth and state or country of birth or otherinformation that if compared to the voter registrationinformation on file would confirm the identity of theelector. If the request indicates that the elector needs aprimary election ballot and a general election ballot, thecounty recorder or other officer in charge of elections shallhonor the request. For any partisan primary election, if theelector is not registered as a member of a political partythat is entitled to continued representation on the ballotpursuant to section 16-804, the elector shall designate theballot of only one of the political parties that is entitledto continued representation on the ballot and the elector mayreceive and vote the ballot of only that one political party,which also shall include any nonpartisan offices and ballotquestions, or the elector shall designate the ballot fornonpartisan offices and ballot questions only and the electormay receive and vote the ballot that contains only nonpartisanoffices and ballot questions. The county recorder or otherofficer in charge of elections shall process any request foran early ballot for a municipal election pursuant to thissubsection. The county recorder may establish on-site earlyvoting locations at the recorder's office, which shall be openand available for use beginning the same day that a countybegins to send out the early ballots. The county recorder mayalso establish any other early voting locations in the countythe recorder deems necessary. Any on-site early votinglocation or other early voting location shall require eachelector to present identification as prescribed in section16-579 before receiving a ballot. Notwithstanding section16-579, subsection A, paragraph 2, at any on-site early votinglocation or other early voting location the county recorder orother officer in charge of elections may provide for aqualified elector to update the elector's voter registrationinformation as provided for in the secretary of state'sinstructions and procedures manual adopted pursuant to section16-452.B. Notwithstanding subsection A of this section, arequest for an official early ballot from an absent uniformedservices voter or overseas voter as defined in the uniformedand overseas citizens absentee voting act (P.L. 99-410;52 United States Code section 20310) or a voter whoseinformation is protected pursuant to section 16-153 that isreceived by the county recorder or other officer in charge ofelections more than ninety-three days before the election isvalid. If requested by the absent uniformed services oroverseas voter, or a voter whose information is protectedpursuant to section 16-153, the county recorder or otherofficer in charge of elections shall provide to the requestingvoter early ballot materials through the next regularlyscheduled general election for federal office immediatelyfollowing receipt of the request unless a different period oftime, which does not exceed the next two regularly scheduledgeneral elections for federal office, is designated by thevoter.C. The county recorder or other officer in charge ofelections shall mail the early ballot and the envelope for itsreturn postage prepaid to the address provided by therequesting elector within five days after receipt of theofficial early ballots from the officer charged by law withthe duty of preparing ballots pursuant to section 16-545,except that early ballot distribution shall not begin morethan twenty-seven days before the election. If an earlyballot request is received on or before the thirty-first daybefore the election, the early ballot shall be distributed notearlier than the twenty-seventh day before the election andnot later than the twenty-fourth day before the election.D. Only the elector may be in possession of thatelector's unvoted early ballot. If a complete and correctrequest is made by the elector within twenty-seven days beforethe election, the mailing must be made within forty-eighthours after receipt of the request. Saturdays, Sundays andother legal holidays are excluded from the computation of theforty-eight-hour period prescribed by this subsection. If acomplete and correct request is made by an absent uniformedservices voter or an overseas voter before the election, theregular early ballot shall be transmitted by mail, by fax orby other electronic format approved by the secretary of statewithin twenty-four hours after the early ballots are deliveredpursuant to section 16-545, subsection B, excluding Sundays.E. In order to be complete and correct and to receivean early ballot by mail, an elector's request that an earlyballot be mailed to the elector's residence or temporaryaddress must include all of the information prescribed bysubsection A of this section and must be received by thecounty recorder or other officer in charge of elections notlater than 5:00 p.m. on the eleventh day preceding theelection. An elector who appears personally not later than7:00 p.m. on the Friday preceding the election at an on-siteearly voting location that is established by the countyrecorder or other officer in charge of elections shall begiven a ballot after presenting identification as prescribedin section 16-579 and shall be allowed to vote at the on-sitelocation. Notwithstanding section 16-579, subsection A,paragraph 2, at any on-site early voting location the countyrecorder or other officer in charge of elections may providefor a qualified elector to update the elector's voterregistration information as provided for in the secretary ofstate's instructions and procedures manual adopted pursuant tosection 16-452. If an elector's request to receive an earlyballot is not complete and correct but complies with all otherrequirements of this section, the county recorder or otherofficer in charge of elections shall attempt to notify theelector of the deficiency of the request.F. Unless an elector specifies that the address towhich an early ballot is to be sent is a temporary address,the recorder may use the information from an early ballotrequest form to update voter registration records.G. The county recorder or other officer in charge ofearly balloting shall provide an alphabetized list of allvoters in the precinct who have requested and have been sentan early ballot to the election board of the precinct in whichthe voter is registered not later than the day before theelection.H. As a result of experiencing an emergency between7:00 p.m. on the Friday preceding the election and 5:00 p.m.on the Monday preceding the election, qualified electors mayrequest to vote in the manner prescribed by the board ofsupervisors of their respective county. Before votingpursuant to this subsection, an elector who experiences anemergency shall provide identification as prescribed insection 16-579 and shall sign a statement under penalty ofperjury that states that the person is experiencing orexperienced an emergency after 7:00 p.m. on the Fridayimmediately preceding the election and before 5:00 p.m. on theMonday immediately preceding the election that would preventthe person from voting at the polls. Signed statementsreceived pursuant to this subsection are not subject toinspection pursuant to title 39, chapter 1, article 2. Forthe purposes of this subsection, "emergency" means anyunforeseen circumstances that would prevent the elector fromvoting at the polls.I. Notwithstanding section 16-579, subsection A,paragraph 2, for any voting pursuant to subsection H of thissection, the county recorder or other officer in charge ofelections may allow a qualified elector to update theelector's voter registration information as provided for inthe secretary of state's instructions and procedures manualadopted pursuant to section 16-452.J. A candidate, political committee or otherorganization may distribute early ballot request forms tovoters. If the early ballot request forms include a printedaddress for return, the addressee shall be the politicalsubdivision that will conduct the election. Failure to usethe political subdivision as the return addressee ispunishable by a civil penalty of up to three times the cost ofthe production and distribution of the request.K. All original and completed early ballot requestforms that are received by a candidate, political committee orother organization shall be submitted within six business daysafter receipt by a candidate, political committee or otherorganization or eleven days before the election day, whicheveris earlier, to the political subdivision that will conduct theelection. Any person, political committee or otherorganization that fails to submit a completed early ballotrequest form within the prescribed time is subject to a civilpenalty of up to $25 per day for each completed form withheldfrom submittal. Any person who knowingly fails to submit acompleted early ballot request form before the submissiondeadline for the election immediately following the completionof the form is guilty of a class 6 felony.L. Except for a voter who is on the active early votinglist prescribed by section 16-544, a voter who requests aonetime early ballot pursuant to this section or for anelection conducted pursuant to section 16-409 or article 8.1of this chapter, a county recorder, city or town clerk orother election officer may not deliver or mail an early ballotto a person who has not requested an early ballot for thatelection. An election officer who knowingly violates thissubsection is guilty of a class 5 felony.Sec. 4. Section 16-579.01, Arizona Revised Statutes, isamended to read:16-579.01. Early ballots; on-site tabulationA. Every county recorder or other officer in charge ofelections may provide for a qualified elector who appears atthat elector's designated polling location or at a votingcenter on election day with the elector's voted early ballotto have the elector's voted early ballot tabulated asprescribed in section 16-579.02.B. The county recorder or other officer in charge ofelections shall do all of the following if the on-sitetabulation of early ballots is allowed:1. Designate an area within a precinct or voting centerfor processing electors with their voted early ballots that isphysically separate from the area for voters who are votingpursuant to section 16-579.2. Provide adequate poll workers, election officialsand equipment necessary to conduct voting pursuant to thissection and section 16-579.02.3. Categorize and tally separately in the officialcanvass and other reports electors whose voted early ballotsare tabulated at the precinct or voting center. The tallyshall be reported by precinct in the official canvass andother voting reports.4. Reconcile for that polling place or voting centerthe number of electors who appear on the signature roster ore-pollbook ELECTRONIC POLLBOOK with the number of completedearly ballot affidavits and the voted early ballots tabulatedon-site.Sec. 5. Section 16-579.02, Arizona Revised Statutes, isamended to read:16-579.02. Election day early ballot on-site tabulationprocedureA. A qualified elector who appears at a voting centeror at the elector's designated polling place that allows forthe on-site tabulation of early ballots with the elector'svoted early ballot shall present identification as prescribedin section 16-579, subsection A, paragraph 1 and proceed asfollows:1. If the elector does not present identification thatcomplies with section 16-579, subsection A, paragraph 1, theelector shall either deposit the elector's voted early ballotin its affidavit envelope in an official drop box or proceedto the area designated for election day voting to surrenderthe early ballot to the election board for retention and notfor tabulating. The elector shall then be allowed to vote aprovisional ballot as prescribed in section 16-584. Anelection official may not allow for the on-site tabulation ofan early ballot if the elector does not present identificationthat complies with section 16-579, subsection A, paragraph 1.2. If the elector presents sufficient identification tocomply with section 16-579, subsection A, paragraph 1, theelector shall present the elector's early ballot affidavit tothe election official in charge of the signature roster, andthe election official shall confirm that the name and addresson the completed affidavit reasonably appear to be the same asthe name and address on the precinct register.3. If the elector's affidavit is not complete, theelection official in charge of the signature roster shallallow the elector to complete the affidavit. The electionofficial may not allow for the on-site tabulation of an earlyballot until the elector presents a completed early ballotaffidavit.B. If the elector's affidavit is complete, theelector's name shall be numbered consecutively by the clerkand in the order of application for early ballot tabulation.C. For precincts in which a paper signature roster isused, each qualified elector shall sign the elector's name inthe signature roster as prescribed in section 16-579,subsection D before proceeding to the tabulating equipment.D. For precincts in which an electronic pollbook isused, each qualified elector shall sign the elector's name asprescribed in section 16-579, subsection E before proceedingto the tabulating equipment.E. After signing the signature roster or electronicpollbook, the elector shall proceed to the tabulatingequipment and, while under the observation of an electionofficial, remove the early ballot from the completed affidavitenvelope, deposit the empty completed affidavit envelope inthe secured and labeled drop box and insert the early ballotinto a tabulating machine. An early ballot that has beenseparated from the elector's completed affidavit envelope maynot be removed from the on-site early ballot tabulation area.F. The drop box prescribed in subsection E of thissection shall be clearly labeled to indicate that thecompleted affidavits are from ballots tabulated pursuant tothis section and shall be secured in a manner substantiallysimilar to other ballot boxes at that location.G. Any qualified elector who lawfully brings to apolling place or voting center another elector's voted earlyballot that is sealed in its affidavit envelope shall depositthe other elector's voted early ballot in the appropriateballot drop box before entering the on-site early ballottabulation area for purposes of tabulating the elector's ownearly ballot. The county recorder or other officer in chargeof elections shall ensure that a voter is not in possession ofanother voter's ballot within the on-site early ballottabulation area.Sec. 6. Section 16-1017, Arizona Revised Statutes, isamended to read:16-1017. Unlawful acts by voters with respect tovoting; classificationA voter who knowingly commits any of the following actsis guilty of a class 2 misdemeanor:1. Makes a false statement as to the voter's inabilityto mark a ballot.2. Interferes with a voter within the seventy-five footlimit of the polling place as posted by the election marshalor within seventy-five feet of the main outside entrance to anon-site early voting location established by a county recorderpursuant to section 16-542, subsection A.3. Endeavors while within the seventy-five foot limitfor a polling place or on-site early voting location to inducea voter to vote for or against a particular candidate orissue.4. Prior to BEFORE the close of an election defaces ordestroys a sample ballot posted by election officers, ordefaces, tears down, removes or destroys a card ofinstructions posted for the instruction of voters.5. Removes or destroys supplies or conveniencesfurnished to enable a voter to prepare the voter's ballot.6. Hinders the voting of others.7. Votes in a county in which the voter no longerresides, except as provided in section 16-125.Sec. 7. Section 16-1018, Arizona Revised Statutes, isamended to read:16-1018. Additional unlawful acts by persons withrespect to voting; classificationA person who commits any of the following acts is guiltyof a class 2 misdemeanor:1. Knowingly electioneers on election day within apolling place or in a public manner within seventy-five feetof the main outside entrance of a polling place or on-siteearly voting location established by a county recorderpursuant to section 16-542, subsection A.2. Intentionally disables or removes from the pollingplace, on-site early voting location or custody of an electionofficial a voting machine or a voting record.3. Knowingly removes an official ballot from a pollingplace before closing the polls.4. Shows another voter's ballot to any person after itis prepared for voting in such a manner as to reveal thecontents, except to an authorized person lawfully assistingthe voter. A voter who makes available an image of thevoter's own ballot by posting on the internet or in some otherelectronic medium is deemed to have consented to retransmittalof that image and that retransmittal does not constitute aviolation of this section.5. Knowingly solicits a voter to show the voter'sballot, or receives from a voter a ballot prepared for voting,unless the person is an election official or unless otherwiseauthorized by law.6. Knowingly receives an official ballot from a personother than an election official having charge of the ballots.7. Knowingly delivers an official ballot to a voter,unless the voter is an election official.8. Except for a completed ballot transmitted by anelector by fax or other electronic format pursuant to section16-543, knowingly places a mark on the voter's ballot by whichit can be identified as the one voted by the voter.9. After having received a ballot as a voter, knowinglyfails to return the ballot to the election official beforeleaving the polling place or on-site early voting location.~~Section 1. Title 9, chapter 4, article 8, ArizonaRevised Statutes, is amended by adding section 9-500.54, toread:9-500.54. Municipal fees; taxes; utility rates;increase; moratorium; applicability;exceptions; enforcement; definitionsA. NOTWITHSTANDING ANY OTHER LAW, ORDINANCE, CHARTERPROVISION OR RESOLUTION, BEGINNING JULY 1, 2026 THROUGH JUNE30, 2030, A MUNICIPALITY MAY NOT ADOPT, IMPOSE OR COLLECT ANYOF THE FOLLOWING:1. A FEE THAT IS IN AN AMOUNT GREATER THAN THE AMOUNTTHAT IS AUTHORIZED IN THE FEE SCHEDULE THAT HAS BEEN ADOPTEDBY THE MUNICIPALITY AS PART OF THE MUNICIPALITY'S 2025-2026FISCAL YEAR BUDGET, INCLUDING ANY FEE SCHEDULE THAT IS ADOPTEDBY AN ORDINANCE OR RESOLUTION OR THAT IS INCORPORATED BYREFERENCE.2. ANY TRANSACTION PRIVILEGE TAX OR SURCHARGE INCREASEBEYOND THE RATE THAT IS IN EFFECT ON JUNE 3O, 2026.3. A RATE THAT IS IMPOSED FOR UTILITY SERVICE PROVIDEDBY THE MUNICIPALITY AND THAT IS GREATER THAN THE UTILITY RATETHAT IS AUTHORIZED AS PART OF THE MUNICIPALITY'S 2025-2026FISCAL YEAR BUDGET OR UTILITY RATE SCHEDULE, EXCEPT THAT AMUNICIPALITY THAT HAS NOT RAISED UTILITY RATES BY A CUMULATIVEAMOUNT OF TWELVE PERCENT OR MORE IN THE PRECEDING FOUR FISCALYEARS MAY INCREASE UTILITY RATES BY AN AMOUNT THAT IS NOT MORETHAN THE RATE OF INFLATION AS DETERMINED BY THE CONSUMER PRICEINDEX AS PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR,BUREAU OF LABOR STATISTICS.B. NOTWITHSTANDING ANY OTHER LAW, ORDINANCE, CHARTERPROVISION OR RESOLUTION, BEGINNING JULY 1, 2026 THROUGH JUNE30, 2030, A MUNICIPALITY MAY NOT ADOPT OR IMPOSE A NEW TAXCLASSIFICATION OR EXPAND THE TAX BASE TO ADDITIONAL TAXPAYERS.C. IF A MUNICIPALITY HAS NOT ADOPTED A CONSOLIDATED ORCOMPREHENSIVE FEE, TAX OR UTILITY RATE SCHEDULE AS PART OF THEMUNICIPALITY'S 2025-2026 FISCAL YEAR BUDGET, THE APPLICABLEFEE, TAX OR UTILITY RATE, FOR THE PURPOSES OF THE FEE, TAX ORUTILITY RATE LIMITS PRESCRIBED IN SUBSECTION A OF THISSECTION, SHALL BE THE HIGHEST FEE, TAX OR UTILITY RATE THAT ISIMPOSED BY THE MUNICIPALITY AT ANY TIME DURING THE 2025-2026FISCAL YEAR.D. A MUNICIPALITY MAY NOT CIRCUMVENT THIS SECTION BYDOING ANY OF THE FOLLOWING:1. RENAMING, RECLASSIFYING OR RESTRUCTURING A FEE, TAXOR UTILITY RATE.2. ALTERING METHODOLOGIES, ASSUMPTIONS, SERVICE AREAS,CUSTOMER CLASSES OR COST-ALLOCATION PRACTICES.3. IMPOSING A NEW CHARGE THAT IS SUBSTANTIALLY SIMILARIN EFFECT TO AN INCREASE IN A FEE, TAX OR UTILITY RATE THAT ISPROHIBITED BY THIS SECTION.4. ADOPTING OR AMENDING A FEE, TAX OR UTILITY RATESCHEDULE DURING THE 2025-2026 FISCAL YEAR FOR THE PRIMARYPURPOSE OF AVOIDING THE APPLICATION OF THIS SECTION.E. THIS SECTION APPLIES TO ALL MUNICIPAL FEES, TAXESAND UTILITY RATES, REGARDLESS OF THE NAME OR TITLE, THAT AREIMPOSED AS A CONDITION OF ANY OF THE FOLLOWING:1. CONDUCTING A TAXABLE TRANSACTION.2. RECEIVING A GOVERNMENTAL SERVICE.3. OBTAINING A PERMIT, LICENSE, APPROVAL OR INSPECTION.4. CONNECTING TO OR RECEIVING A MUNICIPALLY PROVIDEDUTILITY SERVICE.5. DEVELOPMENT, CONSTRUCTION, OCCUPANCY, OPERATION ORCHANGE IN USE.F. THIS SECTION DOES NOT APPLY TO ANY OF THE FOLLOWING:1. AN INCREASE IN A MUNICIPAL TAX IF ALL OF THEFOLLOWING APPLY:(a) THE TAX INCREASE IS APPROVED BY THE QUALIFIEDELECTORS OF THE MUNICIPALITY.(b) AT LEAST SIXTY PERCENT OF THE VOTES CAST AT THEELECTION ARE CAST IN FAVOR OF THE MEASURE.(c) THE ELECTION IS HELD ON A CONSOLIDATED ELECTIONDATE IN AN EVEN-NUMBERED YEAR PURSUANT TO SECTION 16-204.2. AD VALOREM TAXES OR SPECIAL ASSESSMENTS LEVIED TOPAY THE PRINCIPAL OF AND THE INTEREST AND REDEMPTION CHARGESON BONDED INDEBTEDNESS OR OTHER LAWFUL LONG-TERM OBLIGATIONSISSUED OR INCURRED FOR A SPECIFIC PURPOSE.3. AD VALOREM TAXES OR ASSESSMENTS LEVIED BY OR FORPROPERTY IMPROVEMENT ASSESSMENT DISTRICTS, IMPROVEMENTDISTRICTS AND OTHER SPECIAL PURPOSE DISTRICTS OTHER THAN AMUNICIPALITY OR COMMUNITY COLLEGE DISTRICT.4. THE INITIAL ADOPTION OF A MUNICIPALITY'S TAX, FEE ORUTILITY RATE STRUCTURE IF THE MUNICIPALITY WAS INCORPORATEDWITHIN THE TWO CALENDAR YEARS BEFORE THE EFFECTIVE DATE OFTHIS SECTION. THIS SECTION APPLIES TO THE MUNICIPALITYDESCRIBED IN THIS PARAGRAPH AFTER THE MUNICIPALITY INITIALLYADOPTS THE TAX, FEE OR UTILITY RATE STRUCTURE.G. THIS SECTION DOES NOT PROHIBIT ANY OF THE FOLLOWING:1. THE EXPIRATION, REDUCTION OR ELIMINATION OF A FEE,TAX OR UTILITY RATE.2. THE COLLECTION OF A FEE, TAX OR UTILITY RATE THAT ISAT OR BELOW THE AMOUNT THAT IS AUTHORIZED PURSUANT TOSUBSECTIONS A AND C OF THIS SECTION.3. AN INCREASE IN TOTAL REVENUE THAT RESULTS SOLELYFROM AN INCREASE IN SERVICE DEMAND, USAGE OR GROWTH IN THE TAXBASE.4. THE ADOPTION, IMPOSITION OR COLLECTION OF A NEW ORINCREASED RATE OR FEE PURSUANT TO SECTION 9-463.05 OR 9-511.01TO FUND THE ACQUISITION AND DELIVERY OF NEW OR ADDITIONALWATER RESOURCES, INCLUDING THE COST OF ANY PREVIOUSLY INCURREDOR FUTURE DEBT SERVICE OBLIGATIONS, NEEDED STORAGE, TREATMENTOR DELIVERY INFRASTRUCTURE AND OPERATING AND MAINTENANCECOSTS.H. A FEE, TAX OR UTILITY RATE ADOPTED, IMPOSED ORCOLLECTED THAT IS IN VIOLATION OF THIS SECTION IS VOID. AMUNICIPALITY THAT ADOPTS, IMPOSES OR COLLECTS A FEE, TAX ORUTILITY RATE THAT IS IN VIOLATION OF THIS SECTION IS SUBJECTTO ENFORCEMENT PURSUANT TO SECTION 41-194.01.I. A TAXPAYER, RESIDENT, BUSINESS OR PROPERTY OWNERTHAT IS AGGRIEVED BY A VIOLATION OF THIS SECTION MAY BRING ANACTION FOR DECLARATORY OR INJUNCTIVE RELIEF IN A COURT OFCOMPETENT JURISDICTION. THE COURT MAY AWARD REASONABLEATTORNEY FEES AND COSTS TO A PREVAILING PLAINTIFF.J. FOR THE PURPOSES OF THIS SECTION:1. "FEE" MEANS ANY CHARGE IMPOSED BY A MUNICIPALITYTHAT IS NOT A TAX OR UTILITY RATE, REGARDLESS OF THE NAME ORTITLE.2. "UTILITY SERVICE":(a) MEANS MUNICIPALLY PROVIDED UTILITY SERVICES.(b) INCLUDES WATER, WASTEWATER, STORMWATER, SOLIDWASTE, ELECTRIC, GAS OR SIMILAR SERVICES.Sec. 2. Delayed repealSection 9-500.54, Arizona Revised Statutes, as added bythis act, is repealed from and after June 30, 2030.Sec. 3. Title 11, chapter 2, article 4, Arizona RevisedStatutes, is amended by adding section 11-269.31, to read:11-269.31. County fees; taxes; utility rates; increase;moratorium; applicability; exceptions;enforcement; definitionsA. NOTWITHSTANDING ANY OTHER LAW, ORDINANCE, CHARTERPROVISION OR RESOLUTION, BEGINNING JULY 1, 2026 THROUGH JUNE30, 2030, A COUNTY MAY NOT ADOPT, IMPOSE OR COLLECT ANY OF THEFOLLOWING:1. A FEE THAT IS IN AN AMOUNT GREATER THAN THE AMOUNTTHAT IS AUTHORIZED IN THE FEE SCHEDULE THAT HAS BEEN ADOPTEDBY THE COUNTY AS PART OF THE COUNTY'S 2025-2026 FISCAL YEARBUDGET, INCLUDING ANY FEE SCHEDULE THAT IS ADOPTED BY ANORDINANCE OR RESOLUTION OR THAT IS INCORPORATED BY REFERENCE.2. ANY TRANSACTION PRIVILEGE TAX OR SURCHARGE INCREASEBEYOND THE RATE THAT IS IN EFFECT ON JUNE 3O, 2026.3. A RATE THAT IS IMPOSED FOR UTILITY SERVICE PROVIDEDBY THE COUNTY AND THAT IS GREATER THAN THE UTILITY RATE THATIS AUTHORIZED AS PART OF THE COUNTY'S 2025-2026 FISCAL YEARBUDGET OR UTILITY RATE SCHEDULE.B. NOTWITHSTANDING ANY OTHER LAW, ORDINANCE, CHARTERPROVISION OR RESOLUTION, BEGINNING JULY 1, 2026 THROUGH JUNE30, 2030, A COUNTY MAY NOT ADOPT OR IMPOSE A NEW TAXCLASSIFICATION OR EXPAND THE TAX BASE TO ADDITIONAL TAXPAYERS.C. IF A COUNTY HAS NOT ADOPTED A CONSOLIDATED ORCOMPREHENSIVE FEE, TAX OR UTILITY RATE SCHEDULE AS PART OF THECOUNTY'S 2025-2026 FISCAL YEAR BUDGET, THE APPLICABLE FEE, TAXOR UTILITY RATE, FOR THE PURPOSES OF THE FEE, TAX OR UTILITYRATE LIMITS PRESCRIBED IN SUBSECTION A OF THIS SECTION, SHALLBE THE HIGHEST FEE, TAX OR UTILITY RATE THAT IS IMPOSED BY THECOUNTY AT ANY TIME DURING THE 2025-2026 FISCAL YEAR.D. A COUNTY MAY NOT CIRCUMVENT THIS SECTION BY DOINGANY OF THE FOLLOWING:1. RENAMING, RECLASSIFYING OR RESTRUCTURING A FEE, TAXOR UTILITY RATE.2. ALTERING METHODOLOGIES, ASSUMPTIONS, SERVICE AREAS,CUSTOMER CLASSES OR COST-ALLOCATION PRACTICES.3. IMPOSING A NEW CHARGE THAT IS SUBSTANTIALLY SIMILARIN EFFECT TO AN INCREASE IN A FEE, TAX OR UTILITY RATE THAT ISPROHIBITED BY THIS SECTION.4. ADOPTING OR AMENDING A FEE, TAX OR UTILITY RATESCHEDULE DURING THE 2025-2026 FISCAL YEAR FOR THE PRIMARYPURPOSE OF AVOIDING THE APPLICATION OF THIS SECTION.E. THIS SECTION APPLIES TO ALL COUNTY FEES, TAXES ANDUTILITY RATES, REGARDLESS OF THE NAME OR TITLE, THAT AREIMPOSED AS A CONDITION OF ANY OF THE FOLLOWING:1. CONDUCTING A TAXABLE TRANSACTION.2. RECEIVING A GOVERNMENTAL SERVICE.3. OBTAINING A PERMIT, LICENSE, APPROVAL OR INSPECTION.4. CONNECTING TO OR RECEIVING A COUNTY-PROVIDED UTILITYSERVICE.5. DEVELOPMENT, CONSTRUCTION, OCCUPANCY, OPERATION ORCHANGE IN USE.F. THIS SECTION DOES NOT APPLY TO ANY OF THE FOLLOWING:1. AN INCREASE IN A COUNTY TAX IF ALL OF THE FOLLOWINGAPPLY:(a) THE TAX INCREASE IS APPROVED BY THE QUALIFIEDELECTORS OF THE COUNTY.(b) AT LEAST SIXTY PERCENT OF THE VOTES CAST AT THEELECTION ARE CAST IN FAVOR OF THE MEASURE.(c) THE ELECTION IS HELD ON A CONSOLIDATED ELECTIONDATE IN AN EVEN-NUMBERED YEAR PURSUANT TO SECTION 16-204.2. AD VALOREM TAXES OR SPECIAL ASSESSMENTS LEVIED TOPAY THE PRINCIPAL OF AND THE INTEREST AND REDEMPTION CHARGESON BONDED INDEBTEDNESS OR OTHER LAWFUL LONG-TERM OBLIGATIONSISSUED OR INCURRED FOR A SPECIFIC PURPOSE.3. AD VALOREM TAXES OR ASSESSMENTS LEVIED BY OR FORPROPERTY IMPROVEMENT ASSESSMENT DISTRICTS, IMPROVEMENTDISTRICTS AND OTHER SPECIAL PURPOSE DISTRICTS OTHER THAN ACOUNTY OR COMMUNITY COLLEGE DISTRICT.4. AD VALOREM TAXES LEVIED BY A COUNTY FOR SUPPORT OF ASCHOOL DISTRICT.G. THIS SECTION DOES NOT PROHIBIT ANY OF THE FOLLOWING:1. THE EXPIRATION, REDUCTION OR ELIMINATION OF A FEE,TAX OR UTILITY RATE.2. THE COLLECTION OF A FEE, TAX OR UTILITY RATE THAT ISAT OR BELOW THE AMOUNT THAT IS AUTHORIZED PURSUANT TOSUBSECTIONS A AND C OF THIS SECTION.3. AN INCREASE IN TOTAL REVENUE THAT RESULTS SOLELYFROM AN INCREASE IN SERVICE DEMAND, USAGE OR GROWTH IN THE TAXBASE.H. A FEE, TAX OR UTILITY RATE ADOPTED, IMPOSED ORCOLLECTED THAT IS IN VIOLATION OF THIS SECTION IS VOID. ACOUNTY THAT ADOPTS, IMPOSES OR COLLECTS A FEE, TAX OR UTILITYRATE THAT IS IN VIOLATION OF THIS SECTION IS SUBJECT TOENFORCEMENT PURSUANT TO SECTION 41-194.01.I. A TAXPAYER, RESIDENT BUSINESS OR PROPERTY OWNER WHOIS AGGRIEVED BY A VIOLATION OF THIS SECTION MAY BRING ANACTION FOR DECLARATORY OR INJUNCTIVE RELIEF IN A COURT OFCOMPETENT JURISDICTION. THE COURT MAY AWARD REASONABLEATTORNEY FEES AND COSTS TO A PREVAILING PLAINTIFF.J. FOR THE PURPOSES OF THIS SECTION:1. "FEE" MEANS ANY CHARGE IMPOSED BY A COUNTY THAT ISNOT A TAX OR UTILITY RATE, REGARDLESS OF THE NAME OR TITLE.2. "UTILITY SERVICE":(a) MEANS COUNTY-PROVIDED UTILITY SERVICES.(b) INCLUDES WATER, WASTEWATER, STORMWATER, SOLIDWASTE, ELECTRIC, GAS OR SIMILAR SERVICES.Sec. 4. Delayed repealSection 11-269.31, Arizona Revised Statutes, as added bythis act, is repealed from and after June 30, 2030.Sec. 5. SeverabilityIf a provision of this act or its application to anyperson or circumstance is held invalid, the invalidity doesnot affect other provisions or applications of the act thatcan be given effect without the invalid provision orapplication, and to this end the provisions of this act areseverable.Sec. 6. Legislative findings and intentA. The legislature finds that:1. Arizona residents and businesses continue toexperience elevated inflation and rising costs, includinghousing, utilities, construction, labor and essentialservices, placing increased pressure on household budgets andeconomic activity.2. Local government taxes, fees and utility ratesmaterially affect affordability, business formation, housingdevelopment and the overall cost of living throughout thisstate.3. Municipalities and counties regularly adopt annualbudgets, tax rates and fee and utility rate schedules, whichreflect policy judgments about reasonable and necessarycharges for services at a given point in time.4. Advancements in technology, including artificialintelligence and automation, present unprecedentedopportunities for local governments to streamline operations,improve service delivery, increase productivity, and reducethe need for ongoing growth in full-time staffing levels.5. This state has recognized the importance ofoperational efficiency, including through executiveinitiatives such as the Arizona capacity and efficiencyinitiative, which emphasizes identifying efficiencies,modernizing operations and improving government performance,recognizing potentially hundreds of millions of dollars incost savings that should be passed on to taxpayers.6. Temporary restraint on local fee, tax and utilityrate increases encourages local governments to prioritizeefficiency, innovation and responsible fiscal management,while preserving the ability to meet service demands throughimproved processes and increased service volume.7. Local governments retain discretion to manageexpenditures, staffing, service levels and capital planningwithin existing fee, tax and utility rate structures duringthe moratorium period.B. It is the intent of the legislature to:1. Provide temporary relief to residents and businessesby stabilizing locally imposed fees, taxes and utility ratesduring a period of elevated inflation and economicuncertainty.2. Encourage local governments to pursue efficienciesand modernization before increasing costs borne by residentsand businesses.3. Preserve predictability and transparency in localgovernment fee, tax and rate structures by anchoring chargesto duly adopted budgets and schedules.4. Respect constitutional limitations, existingcontractual obligations and voter-approved authorities, whilepromoting affordability and economic stability statewide.Sec. 7. Short titleThis act may be cited as the "Local Cost-of-LivingProtection Act".

2. The Secretary of State shall submit this proposition to the

voters at the next general election as provided by article IV, part 1,

~~section 1, Constitution of Arizona.~~section 1, Constitution of Arizona."Amend title to conform

Legislative Record

The official procedural history from the legislature.

Actions

Feb 22, 2026
Transmit to Senate
House
Mar 4, 2026
Senate First Reading
Senatereading-1
Mar 8, 2026
Senate Second Reading
Senatereading-2
Mar 22, 2026
W/D
Senatewithdrawal
Mar 24, 2026
DPA/SE
Senateamendment-passage

Roll-Call Votes

Passed
passagepass
House · Feb 22, 2026
32 yes25 no0 other0 absent0 excused3 not voting

Documents

FISCAL NOTE: House Engrossed
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HOUSE SUMMARY: 01/26/2026 Federalism, Military Affairs & Elections
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HOUSE SUMMARY: 01/30/2026 Caucus & COW
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HOUSE SUMMARY: 02/12/2026 House Engrossed
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SENATE FACT SHEET: 03/09/2026 JUDE
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SENATE FACT SHEET: 03/24/2026 GOV Striker Memo
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Full Bill Text

Strike everything after the resolving clause and insert:
"1. Under the power of the referendum, as vested in the
Legislature, the following measure, relating to municipal and county fees,
is enacted to become valid as a law if approved by the voters and on
proclamation of the Governor:
AN ACT
AMENDING TITLE 9, CHAPTER 4, ARTICLE 8, ARIZONA REVISED
STATUTES, BY ADDING SECTION 9-500.54; REPEALING SECTION
9-500.54, ARIZONA REVISED STATUTES; AMENDING TITLE 11, CHAPTER
2, ARTICLE 4, ARIZONA REVISED STATUTES, BY ADDING SECTION
11-269.31; REPEALING SECTION 11-269.31, ARIZONA REVISED
STATUTES; RELATING TO MUNICIPAL AND COUNTY FEES.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 8, Arizona
Revised Statutes, is amended by adding section 9-500.54, to
read:
9-500.54. Municipal     fees;   taxes;   utility   rates;
increase;     moratorium;     applicability;
exceptions; enforcement; definitions
A. NOTWITHSTANDING ANY OTHER LAW, ORDINANCE, CHARTER
PROVISION OR RESOLUTION, BEGINNING JULY 1, 2026 THROUGH JUNE
30, 2030, A MUNICIPALITY MAY NOT ADOPT, IMPOSE OR COLLECT ANY
OF THE FOLLOWING:
1. A FEE THAT IS IN AN AMOUNT GREATER THAN THE AMOUNT
THAT IS AUTHORIZED IN THE FEE SCHEDULE THAT HAS BEEN ADOPTED
BY THE MUNICIPALITY AS PART OF THE MUNICIPALITY'S 2025-2026
FISCAL YEAR BUDGET, INCLUDING ANY FEE SCHEDULE THAT IS ADOPTED
BY AN ORDINANCE OR RESOLUTION OR THAT IS INCORPORATED BY
REFERENCE.
2. ANY TRANSACTION PRIVILEGE TAX OR SURCHARGE INCREASE
BEYOND THE RATE THAT IS IN EFFECT ON JUNE 3O, 2026.
3. A RATE THAT IS IMPOSED FOR UTILITY SERVICE PROVIDED
BY THE MUNICIPALITY AND THAT IS GREATER THAN THE UTILITY RATE
THAT IS AUTHORIZED AS PART OF THE MUNICIPALITY'S 2025-2026
FISCAL YEAR BUDGET OR UTILITY RATE SCHEDULE, EXCEPT THAT A
MUNICIPALITY THAT HAS NOT RAISED UTILITY RATES BY A CUMULATIVE
AMOUNT OF TWELVE PERCENT OR MORE IN THE PRECEDING FOUR FISCAL
YEARS MAY INCREASE UTILITY RATES BY AN AMOUNT THAT IS NOT MORE
THAN THE RATE OF INFLATION AS DETERMINED BY THE CONSUMER PRICE
INDEX AS PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR,
BUREAU OF LABOR STATISTICS.
B. NOTWITHSTANDING ANY OTHER LAW, ORDINANCE, CHARTER
PROVISION OR RESOLUTION, BEGINNING JULY 1, 2026 THROUGH JUNE
30, 2030, A MUNICIPALITY MAY NOT ADOPT OR IMPOSE A NEW TAX
CLASSIFICATION OR EXPAND THE TAX BASE TO ADDITIONAL TAXPAYERS.
C. IF A MUNICIPALITY HAS NOT ADOPTED A CONSOLIDATED OR
COMPREHENSIVE FEE, TAX OR UTILITY RATE SCHEDULE AS PART OF THE
MUNICIPALITY'S 2025-2026 FISCAL YEAR BUDGET, THE APPLICABLE
FEE, TAX OR UTILITY RATE, FOR THE PURPOSES OF THE FEE, TAX OR
UTILITY RATE LIMITS PRESCRIBED IN SUBSECTION A OF THIS
SECTION, SHALL BE THE HIGHEST FEE, TAX OR UTILITY RATE THAT IS
IMPOSED BY THE MUNICIPALITY AT ANY TIME DURING THE 2025-2026
FISCAL YEAR.
D. A MUNICIPALITY MAY NOT CIRCUMVENT THIS SECTION BY
DOING ANY OF THE FOLLOWING:
1. RENAMING, RECLASSIFYING OR RESTRUCTURING A FEE, TAX
OR UTILITY RATE.
2. ALTERING METHODOLOGIES, ASSUMPTIONS, SERVICE AREAS,
CUSTOMER CLASSES OR COST-ALLOCATION PRACTICES.
3. IMPOSING A NEW CHARGE THAT IS SUBSTANTIALLY SIMILAR
IN EFFECT TO AN INCREASE IN A FEE, TAX OR UTILITY RATE THAT IS
PROHIBITED BY THIS SECTION.
4. ADOPTING OR AMENDING A FEE, TAX OR UTILITY RATE
SCHEDULE DURING THE 2025-2026 FISCAL YEAR FOR THE PRIMARY
PURPOSE OF AVOIDING THE APPLICATION OF THIS SECTION.
E. THIS SECTION APPLIES TO ALL MUNICIPAL FEES, TAXES
AND UTILITY RATES, REGARDLESS OF THE NAME OR TITLE, THAT ARE
IMPOSED AS A CONDITION OF ANY OF THE FOLLOWING:
1. CONDUCTING A TAXABLE TRANSACTION.
2. RECEIVING A GOVERNMENTAL SERVICE.
3. OBTAINING A PERMIT, LICENSE, APPROVAL OR INSPECTION.
4. CONNECTING TO OR RECEIVING A MUNICIPALLY PROVIDED
UTILITY SERVICE.
5. DEVELOPMENT, CONSTRUCTION, OCCUPANCY, OPERATION OR
CHANGE IN USE.
F. THIS SECTION DOES NOT APPLY TO ANY OF THE FOLLOWING:
1. AN INCREASE IN A MUNICIPAL TAX IF ALL OF THE
FOLLOWING APPLY:
(a) THE TAX INCREASE IS APPROVED BY THE QUALIFIED
ELECTORS OF THE MUNICIPALITY.
(b) AT LEAST SIXTY PERCENT OF THE VOTES CAST AT THE
ELECTION ARE CAST IN FAVOR OF THE MEASURE.
(c) THE ELECTION IS HELD ON A CONSOLIDATED ELECTION
DATE IN AN EVEN-NUMBERED YEAR PURSUANT TO SECTION 16-204.
2. AD VALOREM TAXES OR SPECIAL ASSESSMENTS LEVIED TO
PAY THE PRINCIPAL OF AND THE INTEREST AND REDEMPTION CHARGES
ON BONDED INDEBTEDNESS OR OTHER LAWFUL LONG-TERM OBLIGATIONS
ISSUED OR INCURRED FOR A SPECIFIC PURPOSE.
3. AD VALOREM TAXES OR ASSESSMENTS LEVIED BY OR FOR
PROPERTY   IMPROVEMENT    ASSESSMENT   DISTRICTS,    IMPROVEMENT
DISTRICTS AND OTHER SPECIAL PURPOSE DISTRICTS OTHER THAN A
MUNICIPALITY OR COMMUNITY COLLEGE DISTRICT.
4. THE INITIAL ADOPTION OF A MUNICIPALITY'S TAX, FEE OR
UTILITY RATE STRUCTURE IF THE MUNICIPALITY WAS INCORPORATED
WITHIN THE TWO CALENDAR YEARS BEFORE THE EFFECTIVE DATE OF
THIS SECTION. THIS SECTION APPLIES TO THE MUNICIPALITY
DESCRIBED IN THIS PARAGRAPH AFTER THE MUNICIPALITY INITIALLY
ADOPTS THE TAX, FEE OR UTILITY RATE STRUCTURE.
G. THIS SECTION DOES NOT PROHIBIT ANY OF THE FOLLOWING:
1. THE EXPIRATION, REDUCTION OR ELIMINATION OF A FEE,
TAX OR UTILITY RATE.
2. THE COLLECTION OF A FEE, TAX OR UTILITY RATE THAT IS
AT OR BELOW THE AMOUNT THAT IS AUTHORIZED PURSUANT TO
SUBSECTIONS A AND C OF THIS SECTION.
3. AN INCREASE IN TOTAL REVENUE THAT RESULTS SOLELY
FROM AN INCREASE IN SERVICE DEMAND, USAGE OR GROWTH IN THE TAX
BASE.
4. THE ADOPTION, IMPOSITION OR COLLECTION OF A NEW OR
INCREASED RATE OR FEE PURSUANT TO SECTION 9-463.05 OR 9-511.01
TO FUND THE ACQUISITION AND DELIVERY OF NEW OR ADDITIONAL
WATER RESOURCES, INCLUDING THE COST OF ANY PREVIOUSLY INCURRED
OR FUTURE DEBT SERVICE OBLIGATIONS, NEEDED STORAGE, TREATMENT
OR DELIVERY INFRASTRUCTURE AND OPERATING AND MAINTENANCE
COSTS.
H. A FEE, TAX OR UTILITY RATE ADOPTED, IMPOSED OR
COLLECTED THAT IS IN VIOLATION OF THIS SECTION IS VOID.        A
MUNICIPALITY THAT ADOPTS, IMPOSES OR COLLECTS A FEE, TAX OR
UTILITY RATE THAT IS IN VIOLATION OF THIS SECTION IS SUBJECT
TO ENFORCEMENT PURSUANT TO SECTION 41-194.01.
I. A TAXPAYER, RESIDENT, BUSINESS OR PROPERTY OWNER
THAT IS AGGRIEVED BY A VIOLATION OF THIS SECTION MAY BRING AN
ACTION FOR DECLARATORY OR INJUNCTIVE RELIEF IN A COURT OF
COMPETENT JURISDICTION. THE COURT MAY AWARD REASONABLE
ATTORNEY FEES AND COSTS TO A PREVAILING PLAINTIFF.
J. FOR THE PURPOSES OF THIS SECTION:
1. "FEE" MEANS ANY CHARGE IMPOSED BY A MUNICIPALITY
THAT IS NOT A TAX OR UTILITY RATE, REGARDLESS OF THE NAME OR
TITLE.
2. "UTILITY SERVICE":
(a) MEANS MUNICIPALLY PROVIDED UTILITY SERVICES.
(b) INCLUDES    WATER,   WASTEWATER,   STORMWATER,   SOLID
WASTE, ELECTRIC, GAS OR SIMILAR SERVICES.
Sec. 2. Delayed repeal
Section 9-500.54, Arizona Revised Statutes, as added by
this act, is repealed from and after June 30, 2030.
Sec. 3. Title 11, chapter 2, article 4, Arizona Revised
Statutes, is amended by adding section 11-269.31, to read:
11-269.31. County fees; taxes; utility rates; increase;
moratorium;   applicability;    exceptions;
enforcement; definitions
A. NOTWITHSTANDING ANY OTHER LAW, ORDINANCE, CHARTER
PROVISION OR RESOLUTION, BEGINNING JULY 1, 2026 THROUGH JUNE
30, 2030, A COUNTY MAY NOT ADOPT, IMPOSE OR COLLECT ANY OF THE
FOLLOWING:
1. A FEE THAT IS IN AN AMOUNT GREATER THAN THE AMOUNT
THAT IS AUTHORIZED IN THE FEE SCHEDULE THAT HAS BEEN ADOPTED
BY THE COUNTY AS PART OF THE COUNTY'S 2025-2026 FISCAL YEAR
BUDGET, INCLUDING ANY FEE SCHEDULE THAT IS ADOPTED BY AN
ORDINANCE OR RESOLUTION OR THAT IS INCORPORATED BY REFERENCE.
2. ANY TRANSACTION PRIVILEGE TAX OR SURCHARGE INCREASE
BEYOND THE RATE THAT IS IN EFFECT ON JUNE 3O, 2026.
3. A RATE THAT IS IMPOSED FOR UTILITY SERVICE PROVIDED
BY THE COUNTY AND THAT IS GREATER THAN THE UTILITY RATE THAT
IS AUTHORIZED AS PART OF THE COUNTY'S 2025-2026 FISCAL YEAR
BUDGET OR UTILITY RATE SCHEDULE.
B. NOTWITHSTANDING ANY OTHER LAW, ORDINANCE, CHARTER
PROVISION OR RESOLUTION, BEGINNING JULY 1, 2026 THROUGH JUNE
30, 2030, A COUNTY MAY NOT ADOPT OR IMPOSE A NEW TAX
CLASSIFICATION OR EXPAND THE TAX BASE TO ADDITIONAL TAXPAYERS.
C. IF A COUNTY HAS NOT ADOPTED A CONSOLIDATED OR
COMPREHENSIVE FEE, TAX OR UTILITY RATE SCHEDULE AS PART OF THE
COUNTY'S 2025-2026 FISCAL YEAR BUDGET, THE APPLICABLE FEE, TAX
OR UTILITY RATE, FOR THE PURPOSES OF THE FEE, TAX OR UTILITY
RATE LIMITS PRESCRIBED IN SUBSECTION A OF THIS SECTION, SHALL
BE THE HIGHEST FEE, TAX OR UTILITY RATE THAT IS IMPOSED BY THE
COUNTY AT ANY TIME DURING THE 2025-2026 FISCAL YEAR.
D. A COUNTY MAY NOT CIRCUMVENT THIS SECTION BY DOING
ANY OF THE FOLLOWING:
1. RENAMING, RECLASSIFYING OR RESTRUCTURING A FEE, TAX
OR UTILITY RATE.
2. ALTERING METHODOLOGIES, ASSUMPTIONS, SERVICE AREAS,
CUSTOMER CLASSES OR COST-ALLOCATION PRACTICES.
3. IMPOSING A NEW CHARGE THAT IS SUBSTANTIALLY SIMILAR
IN EFFECT TO AN INCREASE IN A FEE, TAX OR UTILITY RATE THAT IS
PROHIBITED BY THIS SECTION.
4. ADOPTING OR AMENDING A FEE, TAX OR UTILITY RATE
SCHEDULE DURING THE 2025-2026 FISCAL YEAR FOR THE PRIMARY
PURPOSE OF AVOIDING THE APPLICATION OF THIS SECTION.
E. THIS SECTION APPLIES TO ALL COUNTY FEES, TAXES AND
UTILITY RATES, REGARDLESS OF THE NAME OR TITLE, THAT ARE
IMPOSED AS A CONDITION OF ANY OF THE FOLLOWING:
1. CONDUCTING A TAXABLE TRANSACTION.
2. RECEIVING A GOVERNMENTAL SERVICE.
3. OBTAINING A PERMIT, LICENSE, APPROVAL OR INSPECTION.
4. CONNECTING TO OR RECEIVING A COUNTY-PROVIDED UTILITY
SERVICE.
5. DEVELOPMENT, CONSTRUCTION, OCCUPANCY, OPERATION OR
CHANGE IN USE.
F. THIS SECTION DOES NOT APPLY TO ANY OF THE FOLLOWING:
1. AN INCREASE IN A COUNTY TAX IF ALL OF THE FOLLOWING
APPLY:
(a) THE TAX INCREASE IS APPROVED BY THE QUALIFIED
ELECTORS OF THE COUNTY.
(b) AT LEAST SIXTY PERCENT OF THE VOTES CAST AT THE
ELECTION ARE CAST IN FAVOR OF THE MEASURE.
(c) THE ELECTION IS HELD ON A CONSOLIDATED ELECTION
DATE IN AN EVEN-NUMBERED YEAR PURSUANT TO SECTION 16-204.
2. AD VALOREM TAXES OR SPECIAL ASSESSMENTS LEVIED TO
PAY THE PRINCIPAL OF AND THE INTEREST AND REDEMPTION CHARGES
ON BONDED INDEBTEDNESS OR OTHER LAWFUL LONG-TERM OBLIGATIONS
ISSUED OR INCURRED FOR A SPECIFIC PURPOSE.
3. AD VALOREM TAXES OR ASSESSMENTS LEVIED BY OR FOR
PROPERTY   IMPROVEMENT    ASSESSMENT   DISTRICTS,    IMPROVEMENT
DISTRICTS AND OTHER SPECIAL PURPOSE DISTRICTS OTHER THAN A
COUNTY OR COMMUNITY COLLEGE DISTRICT.
4. AD VALOREM TAXES LEVIED BY A COUNTY FOR SUPPORT OF A
SCHOOL DISTRICT.
G. THIS SECTION DOES NOT PROHIBIT ANY OF THE FOLLOWING:
1. THE EXPIRATION, REDUCTION OR ELIMINATION OF A FEE,
TAX OR UTILITY RATE.
2. THE COLLECTION OF A FEE, TAX OR UTILITY RATE THAT IS
AT OR BELOW THE AMOUNT THAT IS AUTHORIZED PURSUANT TO
SUBSECTIONS A AND C OF THIS SECTION.
3. AN INCREASE IN TOTAL REVENUE THAT RESULTS SOLELY
FROM AN INCREASE IN SERVICE DEMAND, USAGE OR GROWTH IN THE TAX
BASE.
H. A FEE, TAX OR UTILITY RATE ADOPTED, IMPOSED OR
COLLECTED THAT IS IN VIOLATION OF THIS SECTION IS VOID. A
COUNTY THAT ADOPTS, IMPOSES OR COLLECTS A FEE, TAX OR UTILITY
RATE THAT IS IN VIOLATION OF THIS SECTION IS SUBJECT TO
ENFORCEMENT PURSUANT TO SECTION 41-194.01.
I. A TAXPAYER, RESIDENT BUSINESS OR PROPERTY OWNER WHO
IS AGGRIEVED BY A VIOLATION OF THIS SECTION MAY BRING AN
ACTION FOR DECLARATORY OR INJUNCTIVE RELIEF IN A COURT OF
COMPETENT JURISDICTION. THE COURT MAY AWARD REASONABLE
ATTORNEY FEES AND COSTS TO A PREVAILING PLAINTIFF.
J. FOR THE PURPOSES OF THIS SECTION:
1. "FEE" MEANS ANY CHARGE IMPOSED BY A COUNTY THAT IS
NOT A TAX OR UTILITY RATE, REGARDLESS OF THE NAME OR TITLE.
2. "UTILITY SERVICE":
(a) MEANS COUNTY-PROVIDED UTILITY SERVICES.
(b) INCLUDES    WATER,   WASTEWATER,   STORMWATER,   SOLID
WASTE, ELECTRIC, GAS OR SIMILAR SERVICES.
Sec. 4. Delayed repeal
Section 11-269.31, Arizona Revised Statutes, as added by
this act, is repealed from and after June 30, 2030.
Sec. 5. Severability
If a provision of this act or its application to any
person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of the act that
can be given effect without the invalid provision or
application, and to this end the provisions of this act are
severable.
Sec. 6. Legislative findings and intent
A. The legislature finds that:
1. Arizona    residents    and   businesses    continue   to
experience elevated inflation and rising costs, including
housing,   utilities,    construction,    labor   and    essential
services, placing increased pressure on household budgets and
economic activity.
2. Local government taxes, fees and utility rates
materially affect affordability, business formation, housing
development and the overall cost of living throughout this
state.
3. Municipalities and counties regularly adopt annual
budgets, tax rates and fee and utility rate schedules, which
reflect policy judgments about reasonable and necessary
charges for services at a given point in time.
4. Advancements in technology, including artificial
intelligence    and     automation,     present     unprecedented
opportunities for local governments to streamline operations,
improve service delivery, increase productivity, and reduce
the need for ongoing growth in full-time staffing levels.
5. This    state   has   recognized    the  importance    of
operational    efficiency,     including     through     executive
initiatives such as the Arizona capacity and efficiency
initiative,   which    emphasizes    identifying    efficiencies,
modernizing operations and improving government performance,
recognizing potentially hundreds of millions of dollars in
cost savings that should be passed on to taxpayers.
6. Temporary restraint on local fee, tax and utility
rate increases encourages local governments to prioritize
efficiency, innovation and responsible fiscal management,
while preserving the ability to meet service demands through
improved processes and increased service volume.
7. Local governments retain discretion to manage
expenditures, staffing, service levels and capital planning
within existing fee, tax and utility rate structures during
the moratorium period.
B. It is the intent of the legislature to:
1. Provide temporary relief to residents and businesses
by stabilizing locally imposed fees, taxes and utility rates
during   a   period   of  elevated   inflation   and  economic
uncertainty.
2. Encourage local governments to pursue efficiencies
and modernization before increasing costs borne by residents
and businesses.
3. Preserve predictability and transparency in local
government fee, tax and rate structures by anchoring charges
to duly adopted budgets and schedules.
4. Respect     constitutional    limitations,   existing
contractual obligations and voter-approved authorities, while
promoting affordability and economic stability statewide.
Sec. 7. Short title
This act may be cited as the "Local Cost-of-Living
Protection Act".
2. The Secretary of State shall submit this proposition to the
voters at the next general election as provided by article IV, part 1,
section 1, Constitution of Arizona."
Amend title to conform

At a Glance

Status

DPA/SE

Mar 25, 2026

First Action

Jan 22, 2026

Latest Passage

Feb 23, 2026