If the referendum to reject SB 1070 is unsuccessful, the law will be voter protected because of the Voter Protection Act that was added to the state's constitution in 1998. According to Mike Liburdi, an elections attorney at Perkins Coie Brown & Bain, the language of the state's constitution would restrict future Legislatures from repealing or weakening the statute created by SB 1070. "The Voter Protection Act applies to both initiatives and referenda," he said. Under state law (ARS 19-125 D), the referendum will be an up-or-down vote on the new law: A yes vote will uphold the law, while a no vote will repeal it. If a majority of the votes cast are to enact the law, voter protection attaches, and it can only be repealed or weakened by another public vote. The Legislature would have the power to amend it, but only could make changes that "furthers the purpose" of what the voters approved.

Jon Garrido