Vote NO on Prop 314

The record shows who gets targeted

In Arizona this year, our ballots will be long and complicated. CEBV is here to help! 

Our plans include frequent ballot explainers, to be published here on Substack, as well as public Zooms to more fully discuss the stakes, the issues, and the importance of state and local elections. Not only that — we will be holding drop-in Zooms every single day between October 9 and November 5 to help with ballot questions. Yes, every single day! If there’s a choice on your ballot that stumps you, we’ll do our very best to find the information to help. Check our Mobilize for online events.

Here’s the first in a series on the major Arizona ballot propositions. 

Prop 314 (border; benefits; fentanyl; illegal entry): We recommend a NO vote

Summary. Prop 314 is a sweeping ballot measure that asks voters to make it a state crime to cross a federal border without documentation and give local police immunity to arrest those they simply suspect of crossing the border illegally, enabling racial profiling without consequences. The measure makes it a class 6 felony to use false documentation to apply for employment or public benefits, and also makes it a class 2 felony to knowingly sell fentanyl that leads to the death of another person. 

Does nothing to address immigration or "the border." The harsh measure, modeled after a Texas law that is currently tied up in the courts, would criminalize crossing Arizona’s southern border anywhere except at a port of entry. Every police officer in the state would be empowered to arrest people they suspect crossed the border illegally, with no parameters for how that would happen and no requirement that officers actually witness the border crossing. The measure doesn’t add new Border Patrol agents or immigration judges, and doesn't address the asylum system. 

Costly and ineffective. Enforcing Prop 314 could cost Arizona taxpayers at least $325 million a year. The bill’s fiscal note includes estimates of $41 million a year to state and local police; new incarceration costs spiraling to $178 million by FY29; increased spending on public attorneys, judicial proceedings, interpreter services, courtroom maintenance and public benefits administration; and a drop in revenues via state and local tax collections. The measure does not include any funding for any of these costs, though Arizona has had to cut programs due to a fiscal deficit and the law enforcement agencies who will have to enforce the measure are already financially strained. During the bill's passage, Republican lawmakers dismissed concerns over its expense, saying they "will always fund public safety, obviously” and that "we are going to save money by creating a deterrent.” (We'll just point out that, due to massive underfunding by state lawmakers, DPS staffing is already so low that 13 of Arizona's 15 counties have no one patrolling the roads after sundown.)

Opposed by county attorneys. The attorneys responsible for prosecuting public offenses and defending the county in court strongly oppose Prop 314 due to "the burden on local agencies and their already strained resources." One county attorney said the "criminal provisions are unenforceable, bad public policy, and embarrassing for this state" — strong words worth heeding. Even Yavapai County Sheriff David Rhodes, who supported the measure, said the bill would force law enforcement to hire more personnel and asked, "Where is the money going to come from?" 

Opposed by business.The measure has prompted wide opposition from the business community. Greater Phoenix Leadership calls Prop 314 "an unworkable response to a federal problem with unknown consequences" and "an unfunded mandate on local law enforcement." The Greater Phoenix Economic Council cites the "potential hardship for our state's economy and our residents." Even the right-leaning Arizona Chamber of Commerce opposes the measure, warning, "Arizona businesses will pay the price." 

Likely unconstitutional. Prop 314 isn't just unconstitutional; it appears to be triply so. First, our state constitution restricts bills to a single subject, whereas Prop 314 covers everything from immigration to public benefits and fentanyl smuggling. Second, the Arizona Constitution requires that ballot referrals that cost the state money must identify a funding source other than the general fund that is “sufficient to cover the entire immediate and future costs.” It's clear that Prop 314 carries a multitude of new, uncovered costs to the state. Third, the Supremacy Clause of the US Constitution says federal law takes precedence over state law in the case of a conflict. In 2012, the US Supreme Court ruled Arizona has no right to enforce federal immigration laws, meaning Prop 314 is probably federally unconstitutional as well. 

Demonizes immigrants. Despite repeated false claims by far-right politicians, immigrants do not contribute to crime or homelessness. The Republican lawmakers who advanced this measure to the ballot don't seem to care. An example: During the bill's passage, Sen. John Kavanagh (R-3) racially profiled the entire Senate gallery (filled with mostly brown-skinned people) by equating them to “criminals.” When Sen. Catherine Miranda (D-11), who is Latina, called him out, he threatened to file an ethics complaint against her unless she apologized. She didn’t, and no complaint was filed.

Enables consequence-free racial profiling. Speaking of "criminals," of course there’s no such thing as an immigration crackdown without racial profiling. Unless law enforcement actually witnesses a crossing, they'll end up relying on the old Joe Arpaio standby of “driving while brown.” Prop 314 specifically grants law enforcement, and government itself, immunity from any damage it causes during attempted enforcement. The chaos is its own damage: unfortunately, scapegoating of immigrants is a long American tradition. 

Unserious. Immigration is a top issue for voters, and Republicans are trying to capitalize on that. It doesn't matter that Prop 314 won't actually do anything useful. Prop 314 capitalizes on nativism and xenophobia, and represents red meat for the right-wing base rather than any type of serious immigration reform. 

The result of Republican dysfunction. The only reason Arizona is discussing this bill at all is because Republicans cannot govern at the federal level. Remember, Trump blocked Congress from passing a border bill because he wanted to try to blame the issue on Biden. For Arizona Republicans to now campaign on this bill as “the solution to Democrats’ open borders” is doublespeak of the highest order.

Lawsuits. A lawsuit filed on the single-subject issue was dismissed in mid-July; plaintiffs are appealing. The justices have not said when they will rule, but they need to act soon, as counties begin printing ballots around the third week of August. Lawsuits cannot be filed on the other issues unless the measure goes into effect. 

CEBV recommends a NO vote on Prop 314.