Sec. of State Brewer Certifies Majority Rules Initiative

Prop. 105 Gets 98% of Signature Requirement and is Qualified by Secretary upon Legal Advice

PHOENIX -- Secretary of State Jan Brewer today officially certified Proposition 105, the Majority Rules Initiative as having qualified to be placed on the ballot.

The measure's signature verification process had resulted in a projection of less than 105% but greater than 95% which state statute then requires a full examination and verification of each signature by the county recorders. Earlier this month, several county recorders had officially notified Secretary of State Brewer that they would be unable to complete such a verification process prior to their respective ballot printing deadlines. Proposition 105 had projected at 98.46% of the valid signatures required to qualify for the November ballot.

In certifying this measure for the ballot, Secretary of State Brewer had recently sought clarification from her legal counsel as to whether she should qualify a citizen initiative that projects below 100 percent of the signature requirements laid out in state statute.

“I remain concerned that our legal system has set a precedent that allows a citizen initiative to be qualified for the ballot despite not having met the minimum signature requirements set in law,” stated Secretary Brewer, “Nevertheless, I will once again abide by my legal counsel's advice and prior court precedent that establishes that I am to certify such a measure for the ballot.” Sec. Brewer added, “Hopefully the Legislature or the Courts will help clarify in the future how it is that 98 percent really means 100 percent when it comes to the signature requirements of a citizen initiative.”

Brewer referred to the 1983 Arizona Supreme Court opinion in Save Our Public Lands Coalition v. Stover in notifying the county election officials that Proposition 100 should be placed on the ballots, citing: “all doubts as to the validity of the signatures are hereby resolved in favor of [the measure]…and this measure is hereby certified for placement on the November 4, 2008, general election ballot.”

To date, eight ballot measures have been qualified to be on the November ballot. Three measures have been disqualified.

Under the Arizona Revised Statutes in § 19-121, the Secretary of State removes ineligible signatures and invalid petition sheets, and then the county recorders further verify voter registration and petition signatures.

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