Randolph V. Jeffgroscost

¶1 In November 1998, the Commission on Salaries for Elective State Officers (the Commission) recommended, and Arizona's electorate approved, Proposition 302, which raised legislative salaries to $24,000 per year and purported to change the method for setting legislators' per diem reimbursements. This case presents two related issues: (1) did the Commission exceed its authority when it recommended changes in the legislative per diem payments; and (2) if so, can we sever the per diem provision from the salary provision, or must we declare Proposition 302 invalid as a whole? We hold that the Commission does not possess authority to recommend changes in legislative per diem payments, and that the per diem provision is, therefore, invalid. We further hold that the invalid per diem provision can be severed from the remainder of the proposition, leaving the salary increase intact.