What Action Can the City of Flagstaff City Council do Legally?
Question: Can the City Council repeal or overturn an adopted voter initiative?
Question: Can the City Council amend an adopted voter initiative?
Answer: No, unless by supermajority and it furthers the initiative’s purposes
Question: Can voters repeal or remove an adopted voter initiative?
Answer: Yes, through the same voter initiative process
Question: When does an adopted voter initiative become effective?
Answer: Upon approval of the voters and proclamation by the Mayor
Applicable Points under the Arizona Constitution
Article 4, Section 1(1) and (8) of the Arizona Constitution (the Constitution) reserves power to voters to pass new laws. Under the Constitution, Article 4, Section 1(14) a voter initiative approved by a majority of the voters cannot be repealed or overturned by the City Council.
Article 4, Section 1(6)(C) and 1(14) of the Arizona Constitution requires any amendment to further the purposes of the initiative and be approved by a supermajority of the City Council.
Article 4, Section 1 of the Arizona Constitution allows voters to propose and approve any initiative that repeals or removes law created by a previous initiative.
Article 4, Section 1(5) and (13) and Arizona Revised Statutes, Section 19-126 indicate that a voter initiative becomes effected as stated in the initiative, upon approval of the voters and proclamation of the Mayor.