Energy Fuels Nuclear, Inc. v. Coconino County

766 P.2d 83, 159 Ariz. 210, 23 Ariz. Adv. Rep. 29, 1988 Ariz. LEXIS 191
CourtArizona Supreme Court
DecidedDecember 8, 1988
DocketNo. CV-88-0398-AP
StatusPublished
Cited by2 cases

This text of 766 P.2d 83 (Energy Fuels Nuclear, Inc. v. Coconino County) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Energy Fuels Nuclear, Inc. v. Coconino County, 766 P.2d 83, 159 Ariz. 210, 23 Ariz. Adv. Rep. 29, 1988 Ariz. LEXIS 191 (Ark. 1988).

Opinion

OPINION

KLEINSCHMIDT, Judge.

This is an appeal from the order of the superior court enjoining the Coconino County Board of Supervisors from placing an initiative measure on the ballot for the [211]*211general election held on November 8, 1988. The trial court found that people who resided in Coconino County but who had moved from the precincts in which they were registered to vote could not legally sign the initiative petition. When those signatures were discarded, there were insufficient names on the petition to qualify the measure for a place on the ballot. The county officials who were named as defendants in the action and the proponents of the initiative who had been allowed to intervene in the case appealed the trial court’s order. On October 4, 1988, we entered an order affirming the judgment of the trial court and indicated that an opinion would follow. This is that opinion.

The broad issue is whether an initiative measure to prevent the mining, transportation, and processing of radioactive substances in Coconino County should have been placed on the ballot. Proponents of the initiative filed petitions bearing over four thousand signatures seeking to bring the issue to a vote of the people. Energy Fuels Nuclear, Inc., and others opposed to the initiative, sought, on several grounds, to enjoin the board of supervisors from placing the matter on the ballot. The trial court found that 386 signatures were invalid because “[pjersons who moved from one voting precinct to another within the County and who do not re-register or transfer their registration prior to the time they sign an initiative petition are not qualified electors at the time of signing the petition." It is undisputed that if the trial court’s legal conclusion is correct, there were insufficient signatures on the petitions to qualify the matter for the ballot.

The right of the people to initiate legislation derives from the state constitution, which requires that an initiative petition “shall contain the declaration of each petitioner, for himself, that he is a qualified elector ..., his postoffice [sic] address, the street and number, if any, of his residence, and the date on which he signed such petition.” Ariz. Const, art. IV, Pt. 1, § 1(9).

There are several statutes which implement or bear upon this constitutional provision. Arizona Revised Statutes § 19-115(A) (Supp.1988) provides:

Every qualified elector of the state may sign a referendum or initiative petition upon any measure which he is legally entitled to vote upon. (Emphasis added.)

Arizona Revised Statutes § 16-121 (Supp.1988) defines “qualified elector.” It reads:

A person who has properly registered to vote shall, if he is at least eighteen years of age, be deemed a qualified elector for any purpose for which such qualification is required by law, except as in §§ 16-126 and 16-127.1 (Emphasis added.)

Another provision, A.R.S. § 16-135, reads:

An elector who within an open registration period preceding a primary or general election moves from the address at which he is registered to another address shall, before being permitted to vote, either appear before the county recorder, deputy registrar, or a justice of the peace and register, supplying in addition to his new address the address indicated by the record of his prior registration, or transfer his registration by the method provided in § 16-154.2 (Emphasis added.)

Next, A.R.S. § 16-122 (Supp.1988) specifies that:

No person shall be permitted to vote unless such person’s name appears as a qualified elector in both the general county register and in the precinct reg-. ister or list of the precinct and election districts or proposed election districts in which such person resides, except as pro[212]*212vided in §§ 16-125 and 16-584.3 (Emphasis added.)

Finally, A.R.S. § 16-591(3) (Supp.1988) includes as a ground for challenging a voter the fact “[t]hat he has changed his residence from the precinct in which he is registered more than fifty days next preceding the election.”

When the constitution and these statutes are read together, it seems clear that one who signs an initiative petition must, at the time he signs, be a “qualified elector,” that is, one who has complied with the registration laws and is entitled to vote. This conclusion is squarely supported by several cases which construe these provisions or the statutes from which they originate. In Ahrens v. Kerby, 44 Ariz. 337, 37 P.2d 375 (1934), this court held that a person who is not registered to vote may not sign an initiative petition. Another case, Whitman v. Moore, 59 Ariz. 211, 125 P.2d 445 (1942) (overruled on other grounds, Brousseau v. Fitzgerald, 138 Ariz. 453, 675 P.2d 713 (1984); Renck v. Superior Court, 66 Ariz. 320, 187 P.2d 656 (1947)), dealt with the precise question presented here, holding that a voter who is registered in one precinct and who moves to another precinct during an open registration period without transferring his registration is not qualified to sign an initiative petition.

The appellants, however, do not acknowledge that the statutes need be read as we interpret them, nor that Ahrens and Whitman are controlling. They point out, correctly, that the statutes relating to initiative petitions are to be liberally construed. They argue that as long as the persons who signed the petitions still reside in Co-conino County, they should be entitled to sign a petition relating to a county-wide measure. They base this conclusion on several arguments.

They point out that the A.R.S. § 16-121, which defines “qualified elector” and which Whitman construed, was amended in 1986. This, they argue, gives rise to the presumption that the legislature intended to change the restrictive interpretation Whitman applied to the statute. See State v. Bridgeforth, 156 Ariz. 60, 750 P.2d 3 (1988) (when the legislature alters the language of a statute it presumably intends a change in the existing law).

Before it was amended, A.R.S. § 16-121 defined “qualified elector” as follows:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Pacuilla v. Cochise County Board of Supervisors
923 P.2d 833 (Arizona Supreme Court, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
766 P.2d 83, 159 Ariz. 210, 23 Ariz. Adv. Rep. 29, 1988 Ariz. LEXIS 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/energy-fuels-nuclear-inc-v-coconino-county-ariz-1988.