Direct Sellers Ass'n v. McBrayer
In Direct Sellers Ass'n v. McBrayer, 109 Ariz. 3, 5, 503 P.2d 951, 953 (1972), the Arizona Supreme Court noted the limited permissible scope of statutory referendum requirements: "If such legislation does not unreasonably hinder or restrict the constitutional provision and if the legislation reasonably supplements the constitutional purpose, then the legislation may stand."
The court held that the omission of a required avowal in a circulator's affidavit that the circulators were qualified electors did not render all the attached signatures "null and void," but merely destroyed their presumption of validity. Id.
And, although the court had previously concluded that the avowal in question was a valid statutory requirement, it held that the presumption could be reinstated "on proof that the circulators were in fact qualified electors." Id.