Issues in the News

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Results of the 2008 General Election
11/07/2008

Arizona ballot propositions where NFIB/Arizona had a member ballot position

Protect Our Home – Proposition 100
This proposition would amend the Arizona Constitution to prohibit the state or any county, city, town or other state political subdivision from directly or indirectly imposing any new tax, fee or other assessment on the sale, purchase, transfer or other conveyance of any interest in real property (such as homes, commercial property and other real estate). This proposed measure would not affect any tax, fee or other assessment in existence prior to this year. (NFIB/Arizona members supported the ballot proposition with 80 percent on the member ballot)
Result: PASSED at the ballot (76.8 percent Yes; 23.2 percent No)

Medical Choice for Arizona – Proposition 101
This proposition would amend the Arizona Constitution to provide that no law shall: (1) restrict a person's freedom to choose a private healthcare plan or system of their choice; (2) interfere with a person's or entity's right to pay directly for medical services; (3) impose a penalty or fine for choosing to obtain or decline healthcare coverage; and (4) impose a penalty or fine for participation in any particular healthcare system or plan. (NFIB/Arizona members supported the ballot proposition with 83 percent on the member ballot.)
Result: FAILED at the ballot (49.8 percent Yes; 50.2 percent No)

Majority Rules – Let the People Decide – Proposition 105
This proposition would amend the Arizona Constitution to provide that a proposition which establishes, imposes or raises a tax, a fee or other revenue or mandates a spending obligation on a private person, a labor organization, other private legal entity or this state shall not become law unless the initiative measure is approved at an election by a majority of qualified electors registered to vote in the state, not just by those who cast a vote on election day. Currently, state general election ballot propositions are approved by a simple majority of voters who cast a vote, not by a majority of registered voters. Also, voter-approved propositions are "voter protected," meaning that the law can't be altered unless changes instigated by lawmakers "further the intent" of the law and there are a super majority of state lawmakers approving the change(s), or the voters approve changes at the ballot box. (NFIB/Arizona members supported the ballot proposition with 62 percent on the member ballot.)
Result: FAILED at the ballot (34 percent Yes; 66 percent No)

Homeowners' Bill of Rights – Proposition 201
This proposition would make several changes to the dispute resolution process by establishing additional mandates and requirements for new home construction and by extending liability claims on any improvements made to real property. Specifically, it would grant litigation rights in dwelling actions to "prospective buyers," prohibit sellers or buyers from entering into any alternative dispute resolution process in sales contracts, and eliminate the "loser pays" statutes that currently govern residential construction defect claims. This proposition would also require that every seller offer a 10-year warranty on a dwelling, prohibit a seller from requiring a deposit for a contract unless the purchaser is given the right to cancel within 100 days, and extend the timeframe in which a person can sue over any real property improvement (including commercial, residential and industrial) from 8 to 10 years. Current law allows for an alternative process to resolve disputes between a buyer and seller related to the design, construction, condition or sale of a dwelling prior to filing a lawsuit. (NFIB/Arizona members opposed the ballot proposition with 69 percent on the member ballot.)
Result: FAILED at the ballot (22 percent Yes; 78 percent No)

To review all of the election results, please visit the Arizona Secretary of State Web site.

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