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HCR 2009

unlawful act; government official; challenge

57th Legislature - First Regular Session Introduced by Walt Blackman and 1 co-sponsor

AZ HCR 2009 would grant all residents a right to sue government officials for any unlawful act done in office; requires voter approval to become law via referendum.

House Second Reading
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Bill Summary · HCR 2009

Legislative Bill Summary: HCR 2009 – Unlawful act; government official; challenge

Overview

HCR 2009 is a concurrent resolution introduced in the Arizona House of Representatives that seeks to place on the ballot a measure amending state law to authorize a broad right of action for citizens against unlawful acts by government officials taken in their official capacity. If approved by voters, and upon proclamation by the Governor, the measure would become law.

Main purpose and intent

  • To empower all Arizona citizens with the right to challenge any unlawful act by a government official performed in their official capacity.
  • To use the referendum process to enact this change, making the measure subject to voter approval at the next general election.

Key provisions

  • Add a new statutory section 12-824 to Title 12, Chapter 7, Article 2 of the Arizona Revised Statutes:
    • 12-824. Unlawful act by government official; challenge
    • Text: “ALL CITIZENS OF THIS STATE SHALL HAVE A RIGHT OF ACTION AND STANDING TO CHALLENGE ANY UNLAWFUL ACT BY ANY GOVERNMENT OFFICIAL TAKEN IN THEIR OFFICIAL CAPACITY.”
  • The Secretary of State is instructed to submit this proposition to the voters at the next general election as provided by Article IV, Part 1, Section 1, of the Arizona Constitution.

Who is affected

  • All residents of Arizona (citizens) would gain standing to sue or bring action against government officials for unlawful acts conducted in their official capacity.
  • Government officials (state and local) acting in an official capacity could face legal challenges arising from such actions.
  • State and local governments could experience increased litigation related to official acts.

Procedural and timeline aspects

  • Status: House Second Reading.
  • Introduced: January 8, 2025 (Prefiled); First Reading: January 29, 2025; Second Reading: January 30, 2025.
  • Ballot path: If approved by the Legislature, the Secretary of State must place the measure on the next general election ballot for voter consideration.
  • Effective date: If voters approve and the Governor issues a proclamation, the measure would become law as enacted via the referendum process.

Potential implications and considerations

  • Broad standing: The provision creates a wide right of action for any citizen to challenge unlawful acts by officials. This could lead to increased litigation across many agencies and levels of government.
  • Definition of “unlawful act”: The bill text does not define “unlawful act,” leaving interpretation to courts, which could affect predictability and scope.
  • Remedies and procedures: The text does not specify remedies (e.g., injunctive relief, damages) or procedural requirements (standing limitations, statutes of limitations, fee shifting), raising questions about how disputes would be resolved.
  • Separation of powers: The measure may raise questions about checks and balances between branches of government and the potential impact on regulatory and administrative processes.

Legislative actions to date

  • Prefiled: January 8, 2025
  • First Reading: January 29, 2025
  • Second Reading: January 30, 2025
  • Primary sponsors: Representative Alexander Kolodin (primary), Representative Walt Blackman (cosponsor)

This summary provides a neutral, factual overview of HCR 2009, focusing on what the bill would do, who it would affect, and key procedural steps.

Compiled from official sources — confirm details with the bill’s official record.

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