Arizona Proposition 136: Debate on ballot initiative constitutionality

Pinny Sheoran, President of the League of Women Voters of Arizona, and Scot Mussi, Arizona Free Enterprise Club, joined “Arizona Horizon” to debate Proposition 136, which will be included on the ballot.

Proposition 136 calls for a constitutional amendment that allows lawsuits regarding the constitutionality of a voter-initiated ballot measure to be filed at least 100 days before an election.

Sheoran represented the opposing side, while Mussi represented the supporting side.

“If it’s perceived that a proposed initiative contains unconstitutional language, that could go before the Supreme Court,” Mussi said. “The Supreme Court can make the determination if the language is constitutional or if it isn’t.”

If a court ruled a challenged voter-initiated ballot measure unconstitutional, it would prevent the measure from going on the ballot. The Secretary of State or the officer in charge of elections would be prohibited from placing it on the ballot.

“This is absolutely not a great idea,” Sheoran said. “It is silencing the citizens even before they can bring a proposition to the voters.”

If Prop 136 does not go into effect, then the current state of the law will be preserved. The current state typically requires challenges to the constitutionality of a voter-initiated ballot measure to be brought only after the voters have decided to approve a ballot measure.

If approved, these amendments will be applied retroactively. Votes cast in the November 2024 election about whether to retain a judge will not be given effect.