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Structure & Power The State of Arizona Drafted 1910 · In force Feb. 14, 1912 The populist 1912 rulebook that hands voters real power

The Arizona Constitution: Why a 1912 Populist Charter Still Gives Voters the Final Word

Arizona's constitution was written by a Progressive-minded convention in 1910 and took effect with statehood on February 14, 1912. It distrusts concentrated power: voters can make laws by initiative, veto the legislature by referendum and recall almost any elected official, and since 1998 the legislature can barely touch a law the voters passed.

Illustration for The Arizona Constitution: the populist 1912 rulebook that hands voters real power, The State of Arizona 1912

The 30-second version

  • Delegates met in Phoenix from October 10 to December 9, 1910, with George W. P. Hunt presiding, and voters ratified their work on February 9, 1911.
  • President Taft vetoed statehood over the recall of judges; Arizona dropped it, became the 48th state on February 14, 1912, then put judicial recall back that November.
  • Voters can propose laws (10% of the last governor's vote in signatures), amend the constitution (15%), refer a new law to the ballot (5%) and recall officials (25% of the vote for that office).
  • The 1998 Voter Protection Act bars the legislature from repealing voter-approved measures and requires a three-fourths vote, furthering the measure's purpose, to amend one.
  • Article 13 lets any city of more than 3,500 people adopt a home-rule charter, the clause Scottsdale used in 1961.

What it means in Scottsdale

Scottsdale's political habits come straight out of the state constitution. The same document that lets Arizonans make laws by petition also lets any city of more than 3,500 people write its own charter, and it reserves the initiative and referendum to city voters, which is why Scottsdale residents have repeatedly taken big decisions out of the council's hands. The Preserve sales taxes of 1995 and 2004, the 2018 Prop 420 charter amendment and the 2024 referendum drive against the Axon campus all used tools the 1910 convention put there. The constitution also sets the limits: the legislature it creates can still override the city on matters of statewide concern, as Scottsdale learned in 2025.

Established

Drafted 1910 · In force Feb. 14, 1912

Who’s in charge

The voters, who amend it directly or approve the legislature's changes

Where

Arizona State Capitol, Phoenix

Topic

Structure & Power

Official source

azleg.gov ↗

The short version

Arizona’s constitution is the rulebook every other layer of government has to fit inside. The legislature, the governor, the courts, Maricopa County and the City of Scottsdale all get their powers from it, and it can be changed only with the voters’ approval. It was written in 1910, took effect with statehood on February 14, 1912, and has been amended well over a hundred times since, far more often than the U.S. Constitution.

What sets it apart is how little it trusts anyone in office. The delegates who wrote it were Progressives and populists who had watched railroads and mining companies run territorial politics, and they built in ways for ordinary voters to go around their own government.

The voters’ three tools

The initiative lets citizens write a law and put it on the ballot. A new statute needs signatures equal to 10% of the votes cast for governor in the last election; a constitutional amendment needs 15%.

The referendum lets citizens freeze a law the legislature just passed and make it face the voters. Most new laws wait 90 days after the session ends before taking effect, and a petition signed by 5% of the governor’s vote filed in that window puts the law on hold until the election.

The recall lets voters remove almost any elected official, judges included, with signatures equal to 25% of the votes cast for that office.

Why it matters locally

The same article reserves the initiative and referendum to the voters of every city, town and county, with local thresholds of 15% for an initiative and 10% for a referendum. And Article 13 lets any city of more than 3,500 people write its own charter. Scottsdale did so in 1961, and the charter guide explains the council-manager government it created.

The Voter Protection Act

For most of the state’s history, the legislature could amend or repeal a law the voters had passed. In 1998 voters closed that door with Prop 105, the Voter Protection Act. Now the legislature cannot repeal a voter-approved measure at all. It can amend one only with a three-fourths vote of each chamber, and only if the change “furthers the purpose” of the original. It cannot redirect money the voters set aside. And the governor has never been able to veto a measure the voters approved.

That is why Arizona politics is full of ballot fights: a win at the polls is close to permanent. It is also why the legislature has pushed back. In 2022 voters approved a single-subject rule for initiatives (Prop 129) and a 60% threshold for initiatives that raise taxes (Prop 132).

The plural executive

The constitution also splits the executive branch. Instead of one governor appointing a cabinet, voters separately elect the secretary of state, attorney general, treasurer, superintendent of public instruction, mine inspector and a five-member Corporation Commission to regulate utilities. Those offices can and often do belong to different parties. The statewide offices guide covers each one, and the legislature guide covers the branch that writes the statutes.

The convention of 1910

Congress passed an enabling act in 1910, and 52 elected delegates gathered at the territorial capitol in Phoenix on October 10. They chose George W. P. Hunt, a Globe merchant and territorial legislator, as president. Most delegates were Democrats allied with organized labor, and the document they adopted on December 9 reflected the Progressive program of the day: the initiative, referendum and recall; a Corporation Commission to regulate railroads and utilities; limits on child labor; and an elected executive split among many offices so no single figure could be bought. They debated but left out women’s suffrage and prohibition, partly out of fear Congress would reject the whole thing.

Voters ratified it on February 9, 1911. The sticking point in Washington was the recall of judges. President William Howard Taft, a former judge, vetoed the statehood resolution in August 1911. Arizona complied: in December 1911 voters struck judges from the recall and elected Hunt as the first governor, and Taft signed the proclamation on February 14, 1912. Scottsdale’s founder, Winfield Scott, who had served in the territorial legislature, had died in 1910 and missed it. At the first general election that November, voters put judicial recall back and, by initiative, gave women the right to vote.

Frequently amended, by design

Because the constitution goes to the voters for every change, and because citizens can propose amendments themselves, it keeps growing. Term limits, the Independent Redistricting Commission, the Voter Protection Act and the 2022 creation of a lieutenant governor all arrived as amendments. The legislature can refer amendments without the governor’s signature, so most election years bring a few.

The Scottsdale mirror

Scottsdale’s charter copies the state’s instincts. Voters approved the Preserve sales taxes in 1995 and 2004, and in 2018 a citizen initiative, Prop 420, amended the charter to require a public vote before non-preservation uses of the Preserve. In late 2024 residents gathered signatures to refer the council’s approval of Axon’s headquarters campus. But the constitution also makes the legislature supreme on matters of statewide concern, and in 2025 lawmakers passed a law that took that referendum off the ballot. The preemption guide and the voters and ballot measures guide pick up both halves of that story.

Connected guides on this site

The other layers of government, the people and the places this story runs through.

The Arizona Constitution by the numbers

Oct.–Dec. 1910

Convention

Feb. 14, 1912

Statehood

10% statute, 15% amendment

Initiative signatures

3,500+ people

Charter-city threshold

The timeline

  1. 1910

    Delegates meet in Phoenix from October 10 to December 9 and write a Progressive constitution with the initiative, referendum and recall; George W. P. Hunt presides.

  2. 1911

    Voters ratify the constitution on February 9. President Taft vetoes statehood over judicial recall, and in December voters remove it and elect Hunt governor.

  3. 1912

    Arizona becomes the 48th state on February 14. That November voters restore the recall of judges and, by initiative, give women the vote.

  4. 1961

    Scottsdale uses the constitution's charter clause to adopt its own home-rule charter on October 31.

  5. 1998

    Voters pass Prop 105, the Voter Protection Act, shielding voter-approved measures from legislative repeal.

  6. 2022

    Voters approve a single-subject rule for initiatives (Prop 129), a 60% threshold for initiatives that raise taxes (Prop 132) and a lieutenant governor (Prop 131).

Questions people actually ask

When was the Arizona Constitution written?

A convention in Phoenix drafted it between October 10 and December 9, 1910. Voters ratified it on February 9, 1911, and it took effect when Arizona became a state on February 14, 1912.

Why did President Taft veto Arizona statehood?

He objected to the provision letting voters recall judges, which he saw as a threat to judicial independence. Arizona removed judges from recall in a December 1911 vote, won statehood, then restored judicial recall by amendment in November 1912.

How many signatures does an Arizona initiative need?

A proposed statute needs signatures equal to 10% of the votes cast for governor in the last election, a constitutional amendment needs 15%, and a referendum on a newly passed law needs 5%. A recall needs 25% of the votes cast for the targeted office.

What is the Voter Protection Act?

Prop 105, passed in 1998. The legislature cannot repeal a voter-approved initiative or referendum, can amend one only by a three-fourths vote of each chamber and only to further its purpose, and cannot divert money the voters dedicated. The governor cannot veto voter-approved measures at all.

What is a charter city in Arizona?

Article 13 of the constitution lets any city with more than 3,500 residents write its own charter, approved by its voters. Scottsdale adopted one in 1961, which gives it home rule over purely local matters.

Vernacular & LexiconInitiative, referendum and recallCouncil-manager governmentCharter city and home ruleProp 420The Preserve

Facts checked: September 22, 2026 • Curated by the Scottsdale.tips editors • Plain-English explainer, not legal advice. Figures follow the city charter, Arizona statutes and official records; office holders change with each election. Corrections are welcome.