Voters Reject Attempt to Expand Legislative Authority

Arizona voters have decisively rejected two legislative proposals that sought to limit the powers of the state’s executive branch. The defeat means that gubernatorial emergency powers and state agency rulemaking will remain unchanged.

Proposition 135 would have mandated legislative approval for extending a state of emergency, while Proposition 315 aimed to require this approval for any agency rule costing the state $500,000 or more over five years.

Voting results reveal 56% opposed Prop. 135, and 53% opposed Prop. 315. Both propositions were among several legislative referrals that voters rejected this year, with seven out of eleven measures failing to gain support.

Critics labeled both propositions as politically motivated attempts by the Republican-dominated Legislature to diminish the authority of Democratic Governor Katie Hobbs and her appointees. Notably, Prop. 135 was partly fueled by discontent among some Republicans over former Governor Doug Ducey’s use of emergency powers during the COVID-19 pandemic.

Governor Hobbs did not comment publicly on the referendums but referred to them dismissively during an appearance on “The Daily Show.” She characterized the measures as “all the garbage the Legislature sent” designed to reduce her veto power.

While Hobbs chose not to actively campaign against these proposals, she did endorse Proposition 139, an amendment regarding abortion rights. Former Arizona Department of Health Services Director Will Humble voiced strong opposition, warning about the potential negative impacts on public health policies from the two failed propositions.

Humble expressed concern that the governor’s office and state agencies could have done more to educate the public about the propositions. He noted that effective communication about the implications of measures like Prop. 315, which relates to agency rulemaking, may not have reached voters adequately.

“The vast majority of voters have never worked in state government and may not grasp the nuances of rulemaking,” Humble stated. “However, they recognized an attempt by the Legislature to exert control.”

Support for the propositions predominantly came from conservative groups, including Americans for Prosperity and the Arizona Free Enterprise Club. The measures were championed by Freedom Caucus members in the Legislature, specifically Rep. Joseph Chaplik and Sen. Anthony Kern.

Despite their failure, Humble anticipates further legislative referrals in the coming years, particularly with Republicans likely maintaining control of both legislative chambers. He believes such measures will continue to emerge under a divided government, where lawmakers seek alternatives to bypass executive opposition.