Voters rejected two legislative ballot referrals aimed at curtailing the power of Arizona’s executive branch, leaving gubernatorial emergency powers and state agency rulemaking untouched.

Proposition 135 would have required the governor to receive legislative approval to extend a state of emergency and would have required a special session to do so. Proposition 315 would have required legislative approval for any rule that would cost the state $500,000 or more over a five-year period.

As of publication, 56% of voters cast a “no” vote on Prop. 135, while 53% of voters cast a “no” vote on Prop. 315. The two measures are among seven of 11 legislative referrals shot down by voters this year. 

Both propositions have been widely viewed as attempts by the Republican-controlled Legislature to claw back power from Democratic Gov. Katie Hobbs and her appointed state agency directors. Prop. 135 was also inspired by some Republicans’ irritation with former Republican Gov. Doug Ducey and his use of emergency powers during the Covid pandemic. 

Hobbs’ office did not respond to requests for comment, but during an appearance on “The Daily Show,” the governor called propositions referred by Republicans “all the garbage the Legislature sent.” She told “The Daily Show” host Jon Stewart that the 11 legislative referrals were all attempts to avoid her veto stamp.

Hobbs and state agencies often declined to comment on the propositions ahead of the election, despite Hobbs’ vocal support for the abortion amendment known as Proposition 139.

Will Humble, the former director of the Arizona Department of Health Services, raised vocal opposition against both propositions and the potential impact they would have had on public health policies. Though the measures did not pass, Humble said he thinks Hobbs and state agency directors should have done more to educate voters about their dangers.

“Maybe there’s a strategist behind the scenes who thought having a state agency talk about their own mission drives voters away,” Humble sai

He said agencies like ADHS, the Department of Environmental Quality and the Department of Economic Security would have been impacted the most and should have done more to express opposition to both propositions.

Humble attributes the failure of the two measures to voters not understanding what exactly they would do, especially with Prop. 315 and its provisions on agency rulemaking.

“The vast majority of voters, probably 99% of voters, have never lived in state government, and don’t really understand the nuances of rulemaking very much, but they understood enough to know that the Legislature was trying to pull a fast one,” Humble said.

The propositions mainly saw support from Republican groups like Americans for Prosperity and the Arizona Free Enterprise Club. They were both sponsored by Freedom Caucus members in the Legislature, with Rep. Joseph Chaplik, R-Scottsdale, sponsoring Prop. 135 and Sen. Anthony Kern, R-Glendale, sponsoring Prop. 315. 

Though these measures failed, Humble said he thinks voters will see more legislative referrals in two years since it looks like Republicans will maintain control in both chambers of the Legislature.

“When you have divided government, that’s when you [see] the really long ballot and all those referrals because they were trying to do an end around, because they know that the governor doesn’t need to sign a referral,” Humble said.