The resolution SCR1041 proposes an amendment to the Arizona Constitution that would allow individuals to contest the constitutionality of initiative measures or amendments in superior court prior to their appearance on the ballot. Specifically, it permits such challenges to be filed at least 100 days before an election, and if a court finds a measure unconstitutional, the Secretary of State would be prohibited from certifying or printing it on the ballot. Additionally, any party involved in the case would have the right to appeal to the Arizona Supreme Court within five days of the superior court's judgment.

The resolution emphasizes the importance of ensuring that all laws conform to both the Arizona and U.S. Constitutions, addressing a gap where the Arizona Supreme Court has historically lacked authority to adjudicate challenges to initiatives before they are adopted. By allowing pre-election judicial review, the amendment aims to protect voters and advocacy organizations from investing resources in potentially invalid proposals. If approved by voters, the amendment would take effect upon proclamation by the Governor.