19-122. Refusal of secretary of state to file
petition or transmit facsimiles of signature sheets or affidavits
of circulators; writ of mandamus; venue
A. If the secretary of state refuses to accept and file a petition for the
initiative or referendum, or proposal for a constitutional amendment that has been
presented within the time prescribed, or if the secretary of state refuses to transmit
the facsimiles of a signature sheet or sheets or affidavits of circulators to the county
recorders for certification under section 19-121.01, the secretary of state shall provide
the person who submitted the petition, proposal, signature sheet or affidavit with a
written statement of the reason for the refusal. Within five calendar days after the
refusal any citizen may apply to the superior court for a writ of mandamus to compel the
secretary of state to file the petition or proposal or transmit the facsimiles, or the
citizen may file a complaint with the county attorney or attorney general. The county
attorney or attorney general may apply, within five calendar days after the complaint is
made, to the superior court for a writ of mandamus to compel the secretary of state to
file the petition or proposal or transmit the facsimiles. The action shall be advanced
on the calendar and heard and decided by the court as soon as possible. Either party may
appeal to the supreme court within five calendar days after judgment. If the court finds
that the petition is legally sufficient, the secretary of state shall then file it, with
a certified copy of the judgment attached as of the date on which it was originally
offered for filing in the secretary of state's office.
B. The most current version of the general county register statewide voter
registration database at the time of filing a court action challenging an initiative or
referendum petition shall constitute the official record to be used to determine on a
prima facie basis by the challenger that the signer of a petition was not registered to
vote at the address given on the date of signing the petition. If the address of the
signer given on the date of signing the petition is different from that on the most
current version of the general county register, the county recorder shall examine the
version of the general county register that was current on the date the signer signed the
petition to determine the validity of the signature and to determine whether the person
was eligible to sign the petition at the time of signing. This subsection does not
preclude introducing into evidence a certified copy of the affidavit of registration of
any signer dated prior to the signing of the petition if the affidavit is in the
possession of the county recorder but has not yet been filed in the general county
register.
C. Notwithstanding section 19-121.04, if any petition filed is not legally
sufficient, the court, in an action brought by any citizen, may enjoin the secretary or
other officers from certifying or printing on the official ballot for the ensuing
election the amendment or measure proposed or referred. The action shall be advanced on
the calendar and heard and decided by the court as soon as possible. Either party may
appeal to the supreme court within five days after judgment.
D. The superior court in Maricopa county shall have jurisdiction of actions
relating to measures and amendments to be submitted to the electors of the state at
large. With respect to actions relating to local and special measures, the superior
court in the county, or in one of the counties, in which the measures are to be voted on
shall have jurisdiction.
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