Measures added despite questionable signatures

Two more measures were certified Friday as being qualified for the ballot, even though a random sample suggests one does not have enough signatures.

Figures from the Secretary of State's office show that a measure designed to block the state from ever taxing the sale of homes and other property has fewer than 227,000 valid signatures, short of the 230,047 legally required to put a proposed constitutional amendment before voters in November.That is based on a check of 5 percent of the petitions submitted.

State law requires a full check of all names for any measure where the random sample shows the validity rate is between 95 percent and 105 percent.

But Secretary of State Jan Brewer said the recorders from several counties - the officials who keep the voter registration records - have said they do not have the time to complete such a search before the deadline for printing state ballots.And she said that a 1983 court allows election officials to err on the side of putting a measure on the ballot whether it qualifies or not.That means Proposition 100 will be on the ballot.

It is being pushed by the Arizona Association of Realtors in an effort to constitutionally bar any future laws that seek to tax the sale or transfer of property.

There is no such levy now. But Tom Farley, lobbyist for the organization, said the idea has been discussed in the past as one way to increase state revenues - or at least lower the state's 5.6 percent sales tax rate by taxing more transactions.

Brewer also certified another measure for the ballot even though this one also might not have enough signatures.The random check of signatures for Proposition 201 showed it would have 161,004 valid signatures.

That is more than the 153,365 necessary for petition drives that propose to change state statutes.But it is less than the 105 percent of that figure - the point at which state law presumes there are sufficient valid signatures.

But here, too, Brewer said the inability of counties to do name-by-name checks on time means the measure will be on the ballot.

A key feature of that measure would require a 10-year warranty on all new homes.The measure, if approved by voters in November, would allow homeowners to help choose the contractors hired by the builders to make the repairs, give buyers the right to cancel within 100 days and get back most of their deposit and let homeowners sue without fear of having to pay a builder's legal fees if they lose.