Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 11-138, Arizona Revised
Statutes, is amended to read:
START_STATUTE11-138. Report by political action committees
Campaign committees a political action committee,
as defined in section 16-901, promoting or opposing the formation of new
counties under this article shall register with and report to the secretary of
state and otherwise comply with the requirements of title 16, chapter 6
regarding the election under section 11‑137. END_STATUTE
Sec. 2. Section 13-3302, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-3302. Exclusions
A. The following conduct is not unlawful under this
chapter:
1. Amusement gambling.
2. Social gambling.
3. Regulated gambling if the gambling is conducted
in accordance with the statutes, rules or orders governing the gambling.
4. Gambling that is conducted at state, county or
district fairs and that complies with section 13‑3301, paragraph 1,
subdivision (d).
B. An organization that has qualified for an
exemption from taxation of income under section 43‑1201, subsection A,
paragraph 1, 2, 4, 5, 6, 7, 10 or 11 may conduct a raffle that is subject to
the following restrictions:
1. The nonprofit organization shall maintain this
status and no member, director, officer, employee or agent of the nonprofit
organization may receive any direct or indirect pecuniary benefit other than
being able to participate in the raffle on a basis equal to all other
participants.
2. The nonprofit organization has been in existence
continuously in this state for a five year period immediately before conducting
the raffle.
3. No person except a bona fide local member of the
sponsoring organization may participate directly or indirectly in the
management, sales or operation of the raffle.
4. Nothing in paragraph 1 or 3 of this subsection
prohibits:
(a) A licensed general hospital, a licensed special
hospital or a foundation established to support cardiovascular medical research
that is exempt from taxation of income under section 43‑1201, subsection
A, paragraph 4 or section 501(c)(3) of the internal revenue code from
contracting with an outside agent who participates in the management, sales or
operation of the raffle if the proceeds of the raffle are used to fund medical
research, graduate medical education or indigent care and the raffles are
conducted no more than three times per calendar year. The maximum fee for an
outside agent shall not exceed fifteen percent of the net proceeds of the
raffle.
(b) An entity that is exempt from taxation of income
under section 43‑1201, subsection A, paragraph 4 or section 501(c)(3) of
the internal revenue code and that has at least a twenty‑year history of
providing comprehensive services to prevent child abuse and to provide services
and advocacy for victims of child abuse from contracting with an outside agent
who participates in the management, sales or operation of the raffle if the
proceeds of the raffle are used to provide comprehensive services to prevent
child abuse and to provide services and advocacy for victims of child abuse and
the raffles are conducted no more than three times per calendar year. The
maximum fee for an outside agent shall not exceed fifteen percent of the net
proceeds of the raffle.
C. A state, county or local historical society
designated by this state or a county, city or town to conduct a raffle may
conduct the raffle subject to the following conditions:
1. No member, director, officer, employee or agent
of the historical society may receive any direct or indirect pecuniary benefit
other than being able to participate in the raffle on a basis equal to all
other participants.
2. The historical society must have been in
existence continuously in this state for a five year period immediately before
conducting the raffle.
3. No person except a bona fide local member of the
sponsoring historical society may participate directly or indirectly in the
management, sales or operation of the raffle.
D. A nonprofit organization that is a booster club,
a civic club or a political club or political organization as defined in section 16‑901 that is formally AFFILIATED with and
recognized by a political party in this state may conduct a
raffle that is subject to the following restrictions:
1. No member, director, officer, employee or agent
of the club or organization may receive any direct or indirect pecuniary
benefit other than being able to participate in the raffle on a basis equal to
all other participants.
2. No person except a bona fide local member of the
sponsoring club or organization may participate directly or indirectly in the
management, sales or operation of the raffle.
3. The maximum annual benefit that the club or
organization receives for all raffles is ten thousand dollars.
4. The club or organization is organized and
operated exclusively for pleasure, recreation or other nonprofit purposes and
no part of the club's or organization's net earnings inures to the personal
benefit of any member, director, officer, employee or agent of the club or
organization. END_STATUTE
Sec. 3. Section 15-424, Arizona Revised
Statutes, is amended to read:
START_STATUTE15-424. Election of governing board members; terms; statement of
contributions and expenditures
A. A regular election shall be held for each school
district at the time and place, and in the manner, of general elections as
provided in title 16.
B. Except as provided in subsection C of this
section and sections 15‑429 and 15‑430, the term of office for each
member shall be four years from January 1 next following the member's election.
C. At the first general election held for a newly
formed district, three members shall be elected. The candidate
receiving the highest number of votes shall be elected to a four year term, and
the candidates having the second and third highest number of votes shall be
elected to two year terms. A district increasing its governing board to five
members shall elect at the next general election members in the following
manner:
1. If one of the previous three offices is to be
filled, the three candidates receiving the highest, the second highest and the
third highest number of votes shall be elected to four year terms.
2. If two of the previous three offices are to be
filled, the candidates receiving the highest, the second highest and the third
highest number of votes shall be elected to four year terms. The
candidate receiving the fourth highest number of votes shall be elected to a
two year term. Thereafter all such offices shall have four year terms.
D. If only one person files or no person files a nominating petition or
nomination paper for a write-in candidate for an election to fill a district
office, the board of supervisors no earlier than seventy‑five days before
the election may cancel the election for the position and appoint the person
who filed the nominating petition or nomination paper to fill the position. If
no person files a nominating petition or nomination paper for an election to
fill a district office, the board of supervisors no earlier than seventy‑five
days before the election may cancel the election for that office and that
office is deemed vacant and shall be filled as provided in section 15‑302.
A person who is appointed pursuant to this subsection is fully vested with the
powers and duties of the office as if elected to that office.
E. If two or more candidates receive an equal number
of votes for the same office, and a higher number than any other candidate for
that office, whether upon the tally by the school election board or canvass of
returns by the board of supervisors, or upon recount by a court, the officer or
board whose duty it is to declare the result shall determine by lot and in the
presence of the candidates which candidate shall be declared elected.
F. Position of the names of candidates for each
office shall be rotated so that each candidate occupies each position on the
ballot an equal number of times, insofar as is possible, for each ballot
style. For candidates seeking election to fill a vacancy on the
governing board, the ballot shall be designated as provided in section 16‑502.
G. This section does not require that a school
election at which no member is to be elected be held on a general election day.
H. All candidates for the office of school district
governing board member shall file with the county school superintendent a
statement of contributions and expenditures as provided in section 16‑913 16‑926. END_STATUTE
Sec. 4. Section
15-1442, Arizona Revised Statutes, is amended to read:
START_STATUTE15-1442. Nominating petitions; election; returns; results;
certificate of election; statement of contributions and expenditures
A. Candidates for the
district board must file nominating petitions, conforming to section 16‑314,
with the appropriate county officer.
B. Members of the district board shall be elected at
the time and place, and in the manner, of general elections as provided in
title 16.
C. If only one person files or no person files a nominating petition or
nomination paper for a write-in candidate for an election to fill a community
college board office, the county school superintendent no earlier than
seventy-five days before the election may cancel the election for the position
and appoint the person who filed the nominating petition or nomination paper to
fill the position. If no person files a nominating petition or nomination
paper for a candidate or for a write‑in
candidate for an election to fill a community college board
office, the county board of supervisors no earlier than seventy-five days
before the election may cancel the election for that office and that office is
deemed vacant and shall be filled as provided in section 15‑1441. A
person who is appointed pursuant to this subsection is fully vested with the
powers and duties of the office as if elected to that office.
D. The county school superintendent and the chairman
of the board of supervisors shall meet on the seventh day following the
election to canvass the returns in accordance with procedures for the canvass
of returns in a general election. The county school superintendent
shall declare the results of the election, declare elected the person receiving
the highest number of votes for each office to be filled and issue to that
person a certificate of election.
E. All candidates for the office of community
college district governing board member shall file with the clerk of the board
of supervisors a statement of contributions and expenditures as provided in
section 16‑913 16‑926.END_STATUTE
Sec. 5. Section 16-311, Arizona Revised
Statutes, is amended to read:
START_STATUTE16-311. Nomination papers; filing; definitions
A. Any person desiring to become a candidate at a
primary election for a political party and to have the person's name printed on
the official ballot shall be a qualified elector of such party and, not less
than ninety nor more than
one hundred twenty eighty days before the primary
election, shall sign and cause to be filed a nomination paper giving the
person's actual residence address or description of place of residence and post
office address, naming the party of which the person desires to become a
candidate, stating the office and district or precinct, if any, for which the
person offers the person's candidacy, stating the exact manner in which the
person desires to have the person's name printed on the official ballot
pursuant to subsection G of this section, and giving the date of the primary
election and, if nominated, the date of the general election at which the
person desires to become a candidate. A candidate for public office
shall be a qualified elector at the time of filing and shall reside in the
county, district or precinct that the person proposes to represent.
B. Any person desiring to become a candidate at any
nonpartisan election and to have the person's name printed on the official
ballot shall be at the time of filing a qualified elector of such county, city,
town or district and, not less than ninety
nor more than one hundred twenty
eighty days before the
election, shall sign and cause to be filed a nomination paper giving the
person's actual residence address or description of place of residence and post
office address, stating the office and county, city, town or district and ward
or precinct, if any, for which the person offers the person's candidacy,
stating the exact manner in which the person desires to have the person's name
printed on the official ballot pursuant to subsection G of this section and
giving the date of the election. A candidate for office shall reside at the
time of filing in the county, city, town, district, ward or precinct that the
person proposes to represent.
C. Notwithstanding subsection B of this section, any
city or town may adopt by ordinance for its elections the time frame provided
in subsection A of this section for filing nomination
petitions. Such ordinance shall be adopted not less than one hundred
twenty days before the first election to which it applies.
D. All persons desiring to become a candidate shall
file with the nomination paper provided for in subsection A of this section an affidavit a declaration, which shall be printed in a
form prescribed by the secretary of state. The affidavit declaration shall include facts sufficient to
show that, other than the residency requirement provided in subsection A of
this section and the satisfaction of any monetary penalties, fines or judgments
as prescribed in subsection I of this section, the candidate will be qualified
at the time of election to hold the office the person seeks, and that for any
monetary penalties, fines or judgments as prescribed in subsection I of this
section, the candidate has made complete payment before the time of filing.
E. The nomination paper of a candidate for the
office of United States senator or representative in Congress, for the office
of presidential elector or for a state office, including a member of the
legislature, or for any other office for which the electors of the entire state
or a subdivision of the state greater than a county are entitled to vote, shall
be filed with the secretary of state no later than 5:00 p.m. on the last date
for filing.
F. The nomination paper of a candidate for superior
court judge or for a county, district and precinct office for which the
electors of a county or a subdivision of a county other than an incorporated
city or town are entitled to vote shall be filed with the county elections
officer no later than 5:00 p.m. on the last date for filing as prescribed by
subsection A of this section. The nomination paper of a candidate
for a city or town office shall be filed with the city or town clerk no later
than 5:00 p.m. on the last date for filing. The nomination paper of
a candidate for school district office shall be filed with the county school
superintendent no later than 5:00 p.m. on the last date for filing.
G. The nomination paper shall include the exact
manner in which the candidate desires to have the person's name printed on the
official ballot and shall be limited to the candidate's surname and given name
or names, an abbreviated version of such names or appropriate initials such as
"Bob" for "Robert", "Jim" for "James",
"Wm." for "William" or "S." for
"Samuel". Nicknames are permissible, but in no event shall nicknames,
abbreviated versions or initials of given names suggest reference to
professional, fraternal, religious or military titles. No other descriptive
name or names shall be printed on the official ballot, except as provided in
this section. Candidates' abbreviated names or nicknames may be printed within
quotation marks. The candidate's surname shall be printed first, followed by
the given name or names.
H. A person who does not file a timely nomination
paper that complies with this section is not eligible to have the person's name
printed on the official ballot for that office. The filing officer shall not
accept the nomination paper of a candidate for state or local office unless the
person provides or has provided all of the following:
1. The
nomination petition required by this title.
2. A political
committee statement of organization or the five hundred dollar threshold
exemption statement for that office.
3. 1. The financial
disclosure statement as prescribed for candidates for that office.
4. 2. The affidavit declaration of qualification and eligibility
as prescribed in subsection D of this section.
I. Except in cases where the liability is being
appealed, the filing officer shall not accept the nomination paper of a
candidate for state or local office if the person is liable for an aggregation
of one thousand dollars or more in fines, penalties, late fees or
administrative or civil judgments, including any interest or costs, in any
combination, that have not been fully satisfied at the time of the attempted
filing of the nomination paper and the liability arose from failure to comply
with or enforcement of chapter 6 of this title.
J. For the purposes of this title:
1. "Election district" means the state,
any county, city, town, precinct or other political subdivision or a special
district that is not a political subdivision, that is authorized by statute to
conduct an election and that is authorized or required to conduct its election
in accordance with this title.
2. "Nomination paper" means the form filed
with the appropriate office by a person wishing to declare the person's intent
to become a candidate for a particular political office. END_STATUTE
Sec. 6. Section
16-312, Arizona Revised Statutes, is amended to read:
START_STATUTE16-312. Filing of nomination papers for write‑in candidates
A. Any person desiring to become a write‑in
candidate for an elective office in any election shall file a nomination paper,
signed by the candidate, giving the person's actual residence address or
description of place of residence and post office address, age, length of
residence in the state and date of birth.
B. A write‑in candidate shall file the
nomination paper not later than 5:00 p.m. on the fortieth day before the
election, except that:
1. A candidate running as a write‑in candidate
as provided in section 16‑343, subsection D shall file the nomination
paper not later than 5:00 p.m. on the fifth day before the election.
2. A candidate running as a write-in candidate for
an election that may be canceled pursuant to section 16‑410 shall file
the nomination paper not later than 5:00 p.m. on the seventy-sixth day before
the election.
C. The write‑in filing procedure shall be in
the same manner as prescribed in section 16‑311. Any person
who does not file a timely nomination paper shall not be counted in the tally
of ballots. The filing officer shall not accept the nomination paper of a
candidate for state or local office unless the candidate provides or has
provided both of the following:
1. A political committee
statement of organization or the five hundred dollar threshold exemption
statement for that office.
2. the
financial disclosure statement as prescribed for candidates for that office.
D. Except in cases where the liability is being
appealed, the filing officer shall not accept the nomination paper of a
write-in candidate for state or local office if the person is liable for an
aggregation of one thousand dollars or more in fines, penalties, late fees or
administrative or civil judgments, including any interest or costs, in any
combination, that have not been fully satisfied at the time of the attempted
filing of the nomination paper and the liability arose from failure to comply
with or enforcement of chapter 6 of this title.
E. The secretary of state shall notify the various
boards of supervisors as to write‑in candidates filing with the secretary
of state's office. The county school superintendent shall notify the
appropriate board of supervisors as to write‑in candidates filing with
the superintendent's office. The board of supervisors shall notify the
appropriate election board inspector of all candidates who have properly filed
such statements. In the case of a city or town election, the city or town
clerk shall notify the appropriate election board inspector of candidates
properly filed. No other write‑ins shall be counted. The
election board inspector shall post the notice of official write‑in
candidates in a conspicuous location within the polling place.
F. Except as provided in section 16‑343,
subsection E, a candidate may not file pursuant to this section if any of the
following applies:
1. For a candidate in the general election, the
candidate ran in the immediately preceding primary election and failed to be
nominated to the office sought in the current election.
2. For a candidate in the general election, the
candidate filed a nomination petition for the immediately preceding primary
election for the office sought and failed to provide a sufficient number of
valid petition signatures as prescribed by section 16‑322.
3. For a candidate in the primary election, the
candidate filed a nomination petition for the current primary election for the
office sought and failed to provide a sufficient number of valid petition
signatures as prescribed by section 16‑322.
4. For a candidate in the general election, the candidate
filed a nomination petition for nomination other than by primary for the office
sought and failed to provide a sufficient number of valid petition signatures
as prescribed by section 16‑341.
G. A person who files a nomination paper pursuant to
this section for the office of president of the United States shall designate
in writing to the secretary of state at the time of filing the name of the
candidate's vice‑presidential running mate, the names of presidential
electors who will represent that candidate and a statement signed by the vice‑presidential
running mate and designated presidential electors that indicates their consent
to be designated. A nomination paper for each presidential elector designated
shall be filed with the candidate's nomination paper. The number of
presidential electors shall equal the number of United States senators and
representatives in Congress from this state.END_STATUTE
Sec. 7. Section 16-314, Arizona Revised
Statutes, is amended to read:
START_STATUTE16-314. Filing and form of nomination petitions; definition
A. Any person desiring to become a candidate at any
election and to have the person's name printed on the official ballot shall
file, within the same time not less than ninety nor more than
one hundred twenty days before the primary election and with the same
officer as provided by section 16‑311, a nomination petition in addition
to the nomination paper required.
B. For the purposes of this title, "nomination
petition" means the form or forms used for obtaining the required number
of signatures of qualified electors, which is circulated by or on behalf of the
person wishing to become a candidate for a political office.
C. Nomination petitions shall be captioned
"partisan nomination petition" or "nonpartisan nomination
petition", followed by the language of the petition in substantially the
following form:
Partisan Nomination
Petition
I, the undersigned, a qualified elector of the county of
______________, state of Arizona, and of (here name political division or
district from which the nomination is sought) and a member of the
_______________ party or a person who is registered as no party preference or
independent as the party preference or who is registered with a political party
that is not qualified for representation on the ballot, hereby nominate
___________ who resides at _____________ in the county of ____________ for the
party nomination for the office of _______________ to be voted at the primary
election to be held _______________ as representing the principles of such
party, and I hereby declare that I am qualified to vote for this office and
that I have not signed, and will not sign, any nomination petition for more
persons than the number of candidates necessary to fill such office at the next
ensuing election. I further declare that if I choose to use a post office box
address on this petition, my residence address has not changed since I last
reported it to the county recorder for purposes of updating my voter
registration file.
Nonpartisan Nomination
Petition
I, the undersigned, a qualified elector of the county of
_______________, state of Arizona, and of (here name political division or
district from which the nomination is sought) hereby nominate _______________
who resides at _______________ in the county of _______________ for the office
of ______________ to be voted at the _______________ election to be held
_______________, and hereby declare that I am qualified to vote for this office
and that I have not signed and will not sign any nomination petitions for more
persons than the number of candidates necessary to fill such office at the next
ensuing election. I further declare that if I choose to use a post office box
address on this petition, my residence address has not changed since I last
reported it to the county recorder for purposes of updating my voter
registration file.
D. The nomination petition of a person seeking to
fill an unexpired vacant term for any public office shall designate the
expiration date of the term following the name of the office being sought.END_STATUTE
Sec. 8. Section 16-341, Arizona Revised
Statutes, is amended to read:
START_STATUTE16-341. Nomination petition; method and time
of filing; form; qualifications and number of petitioners required
A. Any qualified elector who is not a registered
member of a political party that is recognized pursuant to this title may be
nominated as a candidate for public office otherwise than by primary election
or by party committee pursuant to this section.
B. This article shall not be used to place on the
general election ballot the name of a political party that fails to meet the
qualifications specified in section 16‑802 or 16‑804, or the name
of any candidate representing such party or the name of a candidate who has
filed a nomination petition in the immediately preceding primary election and has
failed to qualify as the result of an insufficient number of valid signatures.
C. A nomination petition stating the name of the
office to be filled, the name and residence of the candidate and other
information required by this section shall be filed with the same officer with
whom primary nomination papers and petitions are required to be filed as
prescribed in section 16‑311. Except for candidates for the office of
presidential elector filed pursuant to this section, the petition shall be
filed at the same time as primary nomination papers
and petitions are required to be filed as prescribed by section 16‑311
not less than ninety nor more
than one hundred twenty days before the primary election. The petition
shall be signed only by voters who have not signed the nomination petitions of
a candidate for the office to be voted for at that primary election.
D. The nomination petition shall be in substantially
the following form:
The undersigned, qualified electors of __________ county,
state of Arizona, do hereby nominate __________, who resides at __________ in
the county of __________, as a candidate for the office of _______ at the
general (or special, as the case may be) election to be held on the ________
day of _________, _____.
I hereby declare that I have not signed the nomination
petitions of any candidate for the office to be voted for at this primary
election, and I do hereby select the following designation under which name the
said candidate shall be placed on the official ballot (here insert such
designation not exceeding three words in length as the signers may select).
E. The nomination petition shall conform as nearly
as possible to the provisions relating to nomination petitions of candidates to
be voted for at primary elections and shall be signed by at least the number of
persons who are registered to vote determined by calculating three per cent percent of the persons who are registered to
vote of the state, county, subdivision or district for which the candidate is
nominated who are not members of a political party that is qualified to be
represented by an official party ballot at the next ensuing primary election
and accorded representation on the general election ballot.
F. The percentage of persons who are registered to
vote necessary to sign the nomination petition shall be determined by the total
number of registered voters from other than political parties that are
qualified to be represented by an official party ballot at the next ensuing
primary election and accorded representation on the general election ballot in
the state, county, subdivision or district on March 1 of the year in which the
general election is held. Notwithstanding the method prescribed by subsection
E of this section and this subsection for calculating the minimum number of
signatures necessary, any person who is registered to vote in the state,
county, subdivision or district for which the candidate is nominated is
eligible to sign the nomination petition without regard to the signer's party
affiliation.
G. A nomination petition for any candidate may be
circulated by a person who is not a resident of this state but who is otherwise
eligible to register to vote in this state if that person registers as a
circulator with the secretary of state before circulating petitions. The
nomination petition for the office of presidential elector shall include a
group of names of candidates equal to the number of United States senators and
representatives in Congress from this state instead of separate nomination
petitions for each candidate for the office of presidential
elector. A valid signature on a petition containing a group of
presidential electors candidates is counted as a signature for the nomination
of each of the candidates. The presidential candidate whom the candidates for
presidential elector will represent shall designate in writing to the secretary
of state the names of the candidates who will represent the presidential
candidate before any signatures for the candidate can be accepted for
filing. A nomination petition for the office of presidential elector
shall be filed not less than sixty nor more than ninety days before the general
election. The petition shall be signed only by qualified electors who have not
signed the nomination petitions of a candidate for the office of presidential
elector to be voted for at that election.
H. The secretary of state shall require in the
instructions and procedures manual issued pursuant to section 16‑452 that
persons who circulate nomination petitions pursuant to this section and who are
not residents of this state but who are otherwise eligible to register to vote
in this state shall register as circulators with the office of the secretary of
state before circulating petitions. The secretary of state shall provide for a
method of receiving service of process for those petition circulators who are
registered.
I. A person who files a nomination paper pursuant to
this section for the office of president of the United States shall designate
in writing to the secretary of state at the time of filing the name of the
candidate's vice‑presidential running mate, the names of the presidential
electors who will represent that candidate and a statement that is signed by
the vice‑presidential running mate and the designated presidential
electors and that indicates their consent to be designated. A nomination paper
for each presidential elector designated shall be filed with the candidate's
nomination paper. The number of presidential electors shall equal the number
of United States senators and representatives in Congress from this state.
J. A candidate who does not file a timely nomination
petition that complies with this section is not eligible to have the
candidate's name printed on the official ballot for that office. The filing
officer shall not accept the nomination paper of a candidate for state or local
office unless the candidate provides or has provided all of the following:
1. The nomination
petition required by this title.
2. A political committee
statement of organization or the five hundred dollar threshold exemption
statement for that office.
3. 1. The financial
disclosure statement as prescribed for candidates for that office.
2. The
declaration of qualification and eligibility as prescribed in section 16-311.
K. Except in cases where the liability is being
appealed, the filing officer shall not accept the nomination paper of a
candidate for state or local office if the person is liable for an aggregation
of one thousand dollars or more in fines, penalties, late fees or
administrative or civil judgments, including any interest or costs, in any
combination, that have not been fully satisfied at the time of the attempted
filing of the nomination paper and the liability arose from failure to comply
with or enforcement of chapter 6 of this title.END_STATUTE
Sec. 9. Section 16-343, Arizona Revised
Statutes, is amended to read:
START_STATUTE16-343. Filling vacancy caused by death or incapacity or
withdrawal of candidate
A. A vacancy occurring due to death, mental
incapacity or voluntary withdrawal of a candidate after the close of petition
filing but prior to a primary or general election shall be filled by the
political party with which the candidate was affiliated as follows:
1. In the case of a United States senator or
statewide candidate, the state executive committee of the candidate's political
party shall nominate a candidate of the party's choice and shall file a nomination
paper and affidavit declaration complying with the
requirements for candidates as stated in section 16‑311 in order to fill
the vacancy.
2. In the case of a vacancy for the office of United
States representative or the legislature, the party precinct committeemen of
that congressional or legislative district shall nominate a candidate of the
party's choice and shall file a nomination paper and affidavit declaration complying with the requirements of
section 16‑311.
3. In the case of a vacancy for a county or precinct
office, the party county committee of counties with a population of less than
two hundred fifty thousand persons according to the most recent United States
decennial census and, in counties with a population of two hundred fifty thousand
persons or more according to the most recent United States decennial census the
county officers of the party together with the chairman of the party precinct
committeemen in each legislative district of the county, shall nominate a
candidate of the party's choice and shall file a nomination paper and affidavit declaration complying with the requirements of
section 16‑311 to fill such vacancy.
B. The nomination paper and affidavit declaration required in subsection A of this
section shall be filed with the office with which nomination petitions were to
be filed at any time before the official ballots are printed.
C. Any meetings for the purpose of filing a
nomination paper and affidavit
declaration provided for
in this section shall be called by the chairman of such committee or
legislative district, except that in the case of multicounty legislative or
congressional districts the party county chairman of the county having the
largest geographic area within such district shall call such meeting. The
chairman or in his absence the vice‑chairman calling such meeting shall
preside. The call to such meeting shall be mailed or given in person
to each person entitled to participate therein no later than one day prior to
such meeting. A majority of those present and voting shall be
required to fill a vacancy pursuant to this section.
D. A vacancy that is due to voluntary or involuntary
withdrawal of the candidate and that occurs following the printing of official
ballots shall not be filled in accordance with this section, however,
prospective candidates shall comply with section 16‑312. A
candidate running as a write‑in candidate under this subsection shall
file the nomination paper no later than 5:00 p.m. on the fifth day before the
election.
E. Candidates nominated pursuant to subsection A of
this section or a candidate running as a write‑in candidate under
subsection D of this section may be a candidate who ran in the immediately
preceding primary election for the office and failed to be nominated.
F. If a vacancy occurs as described in subsection A
of this section for a state office, the secretary of state shall notify the
various boards of supervisors as to the vacancy. The boards of
supervisors shall notify the inspectors of the various precinct election boards
in the county, district or precinct where a vacancy occurs. In the
case of a city or town election, the city or town clerk shall notify the
appropriate inspectors. A vacancy that occurs as prescribed in subsection D of
this section due to the death or incapacity of the candidate shall not be
filled and the secretary of state shall notify the appropriate county board of
supervisors to post a notice of the death or incapacity of the candidate in
each polling place along with notice that any votes cast for that candidate
will be tabulated.
G. The inspectors shall post the notice of vacancy
in the same manner as posting official write‑in candidates. In
the case of a withdrawal of a candidate that occurs after the printing of
official ballots, the inspectors shall post the notice of withdrawal in a
conspicuous location in each polling place. Notice of withdrawal
shall also be posted at all early voting locations and shall be made available
to early voters by providing with the early ballot instructions a website
address at which prompt updates to information regarding write-in and withdrawn
candidates is are available. END_STATUTE
Sec. 10. Repeal
Sections 16-901, 16-902, 16-902.01, 16-902.02, 16-903, 16-904, 16‑905,
16-906, 16-907, 16-911, 16-912, 16-912.01, 16-913, 16-913.01, 16-914, 16‑914.01,
16-914.02, 16-915, 16-915.01, 16-916, 16-916.01, 16‑916.02, 16‑917,
16-918, 16-919, 16-920, 16-921, 16-922, 16-923, 16-924 and 16-925,
Arizona Revised Statute, are repealed.
Sec. 11. Title 16, chapter 6, article 1,
Arizona Revised Statutes, is amended by adding a new section 16-901, to read:
START_STATUTE16-901. Definitions
In this chapter, unless
the context otherwise requires:
1. "Advertisement"
means information or materials, other than social media messages, that are
mailed, e‑mailed, posted, distributed, published, displayed, delivered,
broadcasted or placed in a communication medium and that are for the purpose of
influencing an election.
2. "Affiliate"
means any organization that controls, is controlled by or is under common
control with a corporation, limited liability company or labor organization.
3. "Agent"
means any person who has actual authority, either express or implied, to
represent or make decisions on behalf of another person.
4. "ballot
measure expenditure" MEANS AN EXPENDITURE MADE BY A PERSON THAT EXPRESSLY
ADVOCATES THE SUPPORT OR OPPOSITION OF A CLEARLY IDENTIFIED BALLOT MEASURE.
5. "Best
effort" means that a committee treasurer or treasurer's agent makes at
least one written effort, including an attempt by e-mail, text message, private
message through social media or other similar communication, or at least one
oral effort that is documented in writing to identify the contributor of an
incomplete contribution.
6. "Calendar
quarter" means a period of three consecutive calendar months ending on
March 31, June 30, September 30 or December 31.
7. "Candidate"
means an individual who receives contributions or makes expenditures or who
gives consent to another person to receive contributions or make expenditures
on behalf of that individual in connection with the candidate's nomination,
election or retention for any public office.
8. "Candidate
committee" includes the candidate.
9. "Clearly
identified candidate" means that the name or a description, image,
photograph or drawing of the candidate appears or the identity of the candidate
is otherwise apparent by unambiguous reference.
10. "Committee"
means a candidate committee, a political action committee or a political party.
11. "Contribution"
means any money, advance, deposit or other thing of value that is made to a
person for the purpose of influencing an election. Contribution includes:
(a) A contribution that is made to
retire campaign debt from a previous election cycle.
(b) Money or the fair market value
of anything that is directly or indirectly provided to an elected official for
the specific purpose of defraying the expense of communications with
constituents.
(c) The full purchase price of any
item from a committee.
(d) A loan that is made to a
committee for the purpose of influencing an election, to the extent the loan
remains outstanding.
12. "Control"
means to possess, directly or indirectly, the power to direct or to cause the
direction of the management or policies of another organization, whether
through voting power, ownership, contract or otherwise.
13. "Coordinate",
"coordinated" or "coordination" means the coordination of
an expenditure as proscribed by section 16-922.
14. "Coordinated
party expenditures" means expenditures that are made by a political party
to directly pay for goods or services on behalf of its nominee.
15. "District
office" means an elected office established or organized pursuant to title
15 or title 48.
16. "Earmarked"
means a designation, instruction or encumbrance between the transferor of a
contribution and a transferee that requires the transferee to make a
contribution to a clearly identified candidate.
17. "Election"
means any election for any ballot measure in this state or any candidate
election during a primary, general, recall, special or runoff election for any
office in this state other than a federal office and a political party office
prescribed by chapter 5, article 2 of this title.
18. "Election
cycle" means the two-year period between successive statewide general
elections or, for cities and towns, the two-year period between the scheduled
date of the city's or town's second, runoff or general election and the
scheduled date of the immediately following second, runoff or general election,
however designated by the city or town. for purposes of a recall election, "election cycle" means the
period between issuance of a recall petition serial number and the latest of
the following:
(a) The date of the recall
election that is called pursuant to section 19-209.
(b) The date that a
resignation is accepted pursuant to section 19‑208.
(c) The date that the
receiving officer provides notice pursuant to section 19-208.01 that the number
of signatures is insufficient.
19. "Employee"
means an individual who is entitled to compensation for labor or services
performed for the individual's employer.
20. "Employer"
means any person that pays compensation to and directs the labor or services of
any individual in the course of employment.
21. "Enforcement
officer" means the attorney general or the county, city or town attorney
with authority to collect fines or issue penalties with respect to a given
election pursuant to section 16-938.
22. "Entity"
means a corporation, limited liability company, labor organization,
partnership, trust, association, organization, joint venture, cooperative,
unincorporated organization or association or other organized group that
consists of more than one individual.
23. "Exclusive
insurance contract" means an insurance producer's contract with an insurer
that does either of the following:
(a) Prohibits the producer from
soliciting insurance business for any other insurer.
(b) Requires a first right of
refusal on all lines of insurance business written by the insurer and solicited
by the producer.
24. "Expenditure"
means any purchase, payment or other thing of value that is made by a person
for the purpose of influencing an election.
25. "Family
contribution" means any contribution that is provided to a candidate's
committee by the parent, grandparent, aunt, uncle, child or sibling of the
candidate or the candidate's spouse, including the spouse of any of the listed
family members, regardless of whether the relation is established by marriage
or adoption.
26. "Filing
officer" means the secretary of state or the county, city or town officer
in charge of elections for that jurisdiction who accepts statements and reports
for those elections pursuant to section 16-928.
27. "Firewall"
means a written policy that precludes one person from sharing information with
another person.
28. "Identification"
or "identify" means:
(a) For an individual, the
individual's first and last name, residence location or street address and
occupation and the name of the individual's primary employer.
(b) For any other person, the
person's full name and physical location or street address.
29. "Incomplete
contribution" means any contribution that is received by a committee for
which the contributor's complete identification has not been obtained.
30. "Independent
expenditure" means an expenditure by a person, other than a candidate
committee, that complies with both of the following:
(a) Expressly advocates the election or defeat of a clearly
identified candidate.
(b) Is not made in cooperation or consultation with or at the
request or suggestion of the candidate or the candidate's agent.
31. "In-kind
contribution" means a contribution of goods, services or anything of value
that is provided without charge or at less than the usual and normal charge.
32. "Insurance
producer" means a person that:
(a) Is required to be licensed to sell, solicit or negotiate
insurance.
(b) Has an exclusive insurance contract with an insurer.
33. "Itemized"
means that each contribution received or expenditure made is set forth
separately.
34. "Labor
organization" means any employee representation organization that exists
for the purpose of dealing with employers concerning grievances, labor
disputes, wages, rates of pay, hours of employment or other conditions of
employment.
35. "Legislative
office" means the office of representative in the state house of
representatives or senator in the state senate.
36. "Mega
pac status" means official recognition that a political action committee
has received contributions from five hundred or more individuals in amounts of
ten dollars or more in the four-year period immediately before application to
the secretary of state.
37. "Nominee"
means a candidate who prevails in a primary election for partisan office and
includes the nominee's candidate committee.
38. "Person"
means an individual or a candidate, nominee, committee, corporation, limited
liability company, labor organization, partnership, trust, association,
organization, joint venture, cooperative or unincorporated organization or
association.
39. "Personal
monies" means any of the following:
(a) Assets to which the individual
or individual's spouse has either legal title or an equitable interest.
(b) Salary and other earned income
from bona fide employment of the individual or individual's spouse.
(c) Dividends and proceeds from the
sale of investments of the individual or individual's spouse.
(d) Bequests to the individual or
individual's spouse.
(e) Income to the individual or
individual's spouse from revocable trusts for which the individual or
individual's spouse is a beneficiary.
(f) Gifts of a personal nature to
the individual or individual's spouse that would have been given regardless of
whether the individual became a candidate or accepted a contribution.
(g) The proceeds of loans obtained
by the individual or individual's spouse that are secured by collateral or
security provided by the individual or individual's spouse.
(h) Family contributions.
40. "Political
action committee" means an entity that is required to register as a
political action committee pursuant to section 16-905.
41. "Political
party" means a committee that meets the requirements for recognition as a
political party pursuant to chapter 5 of this title.
42. "Primary
purpose" means an entity's predominant purpose. Notwithstanding any other
law or rule, an entity is not organized for the primary purpose of influencing
an election if all of the following apply:
(a) The entity has tax exempt status
under section 501(a) of
the internal revenue code.
(b) except for a religious
organization, assembly or institution, the entity has properly filed a form
1023 or form 1024 with the internal revenue service or the equivalent successor
form designated by the internal REVENUE service.
(c) The entity's tax exempt status
has not been denied or revoked by the internal revenue service.
(d) the entity remains in good standing
with the corporation commission.
(e) the entity has properly filed a
form 990 with the internal revenue service or the equivalent successor form
designated by the internal REVENUE service.
43. "Retention"
means the election process by which a superior court judge, appellate court
judge or supreme court justice is retained in office as prescribed by article
VI, section 38 or 40, Constitution of Arizona.
44. "Separate
segregated fund" means a fund established by a corporation, limited
liability company, labor organization or partnership that is required to
register as a political action committee.
45. "Social
media messages" means forms of communication, including internet sites for
social networking or blogging, through which users create a personal profile
and participate in online communities to share information, ideas and personal
messages.
46. "Sponsor"
means any person that establishes, administers or contributes financial support
to the administration of a political action committee or that has common or
overlapping membership or officers with that political action committee.
47. "Standing
committee" means a political action committee or political party that is
active in more than one reporting jurisdiction in this state and that files a
statement of organization in a format prescribed by the secretary of state.
48. "Statewide
office" means the office of governor, secretary of state, state treasurer,
attorney general, superintendent of public instruction, corporation
commissioner or mine inspector.
49. "Surplus
monies" means those monies of a terminating committee that remain after
all of the committee's expenditures have been made, all debts have been
extinguished and the committee ceases accepting contributions. END_STATUTE
Sec. 12. Title 16, chapter 6, Arizona Revised
Statutes, is amended by adding articles 1.1, 1.2, 1.3, 1.4, 1.5, 1.6 and 1.7,
to read:
ARTICLE
1.1. ESTABLISHMENT OF COMMITTEE
START_STATUTE16-905. Committee qualification; requirements; exemption;
adjustments
A. A
candidate for election or retention shall register as a candidate committee if
the candidate receives contributions or makes expenditures, in any combination,
of at least one thousand dollars in connection with that candidacy.
B. An entity
shall register as a political action committee if both of the following apply:
1. The
entity is organized for the primary purpose of influencing the result of an
election.
2. The
entity knowingly receives contributions or makes expenditures, in any
combination, of at least one thousand dollars in connection with any election
during a calendar year.
C. A filing
officer or enforcement officer shall make a rebuttable presumption that an entity
is organized for the primary purpose of influencing the result of an election
if the entity meets any of the following:
1. except
for a religious organization, assembly or institution, Claims tax exempt status
but had not filed form 1023 or form 1024 with the internal revenue service, or
the equivalent successor form designated by the internal REVENUE service,
before making a contribution or expenditure.
2. made a
contribution or expenditure and At that time had its tax exempt status revoked
by the internal revenue service.
3. made a
contribution or expenditure and At that time failed to file form 990 with the
internal revenue service, or the equivalent successor form designated by the
internal REVENUE service, if required by law.
4. At the
time of making a contribution or expenditure was not registered with the
corporation commission if required by law.
5. At the
time of making a contribution or expenditure was registered with the
corporation commission but was not in good standing.
D. A fund
that is established by a corporation, limited liability company, labor
organization or partnership for the purpose of influencing the result of an
election shall register as a political action committee.
E. An entity
may register as a political party committee only as prescribed in chapter 5 of
this title.
F. A
committee is not subject to state income tax and is not required to file a
state income tax return.
G. The
dollar amounts prescribed by this section shall be increased every two years
pursuant to section 16-931. END_STATUTE
START_STATUTE16-906. Committee statement of organization; amendment; committee
limitation
A. A
committee shall file a statement of organization with the filing officer within
ten days after qualifying as a committee.
B. A
statement of organization shall include the following committee information:
1. The
committee name, mailing address, e-mail address, website, if any, telephone
number, if any, and type of committee. The committee name shall include:
(a) For a candidate committee, the
candidate's first or last name and office sought.
(b) For a political action committee
that is sponsored, the sponsor's name or commonly known nickname.
2. The name,
mailing address, e-mail address, website, if any, and telephone number of any
sponsor.
3. The name,
physical location or street address, e-mail address, telephone number,
occupation and employer of the committee's chairperson and
treasurer. For a candidate committee, the candidate may serve as
both chairperson and treasurer.
4. For a
candidate committee for a partisan office, the candidate's party affiliation.
5. A listing
of all banks or other financial institutions used by the committee.
6. A statement
that the committee chairperson and committee treasurer have read the filing
officer's campaign finance and reporting guide, agree to comply with this
article and articles 1.2, 1.3, 1.4, 1.5, 1.6 and 1.7 of this chapter, and agree
to accept all notifications and service of process via the e-mail address
provided by the committee.
C. A
committee shall file an amended statement of organization within ten days after
any change in committee information.
D. On filing
a statement of organization, the filing officer shall issue an identification
number to the committee.
E. A
standing committee shall file a statement of organization with the secretary of
state and a copy of the statement in each jurisdiction in which the committee
is active. Only the secretary of state shall issue an identification number.
F. A
candidate may have only one committee in existence for the same office during
the same election cycle.
G. On filing
a statement of organization, a political action committee or political party
may perform any lawful activity, including making contributions, making
expenditures or conducting issue advocacy, without establishing a separate
committee for each activity or specifying each activity in its statement of
organization. END_STATUTE
START_STATUTE16-907. Committee recordkeeping; treasurer; accounts
A. A
committee treasurer is the custodian of the committee's books and
accounts. A committee may not make a contribution, expenditure or
disbursement without the authorization of the treasurer or the treasurer's
designated agent.
B. All
committee monies shall be deposited in one or more bank accounts held by the
financial institutions listed in the committee's statement of
organization. Committee bank accounts shall be segregated as
follows:
1. Committee
monies shall be segregated in different bank accounts from personal monies.
2. Contributions
from individuals and committees shall be segregated in different bank accounts
from contributions from corporations, limited liability companies and labor
organizations.
3. Contributions
to a political party to defray operating expenses or support party-building
activities shall be segregated in different bank accounts from contributions
used to support candidates.
4. For
a committee that is a political party, the committee may commingle monies from
any source in a single bank account if the account is maintained as prescribed
in 11 code of federal regulations section 106.7.
5. For
contributions intended to influence a recall election, the committee shall
segregate those contributions into bank accounts that are different from those
intended to influence any other election and those recall contributions may not
be used to influence any other election.
C. A
committee shall exercise its best effort to obtain the required information for
any incomplete contribution received that is required to be itemized and
reported. The committee shall clearly ask for identification and inform the
contributor that the committee is required by law to seek
identification. the committee shall report in an amended report any
contributor identification obtained after the contribution has been disclosed
on a campaign finance report.
D. A
committee shall keep records of the following:
1. All
contributions made or received by the committee.
2. The
identification of any contributor that contributes in the aggregate at least
fifty dollars to the committee during the election cycle, the date and amount
of each contribution and the date of deposit into the committee's account.
3. Cumulative
totals contributed by each contributor during the election cycle.
4. The name
and address of every person that receives a contribution, expenditure or
disbursement from the committee, including the date and amount, and, for any
expenditure or disbursement, the purpose of the expenditure or disbursement. A
contribution is deemed made when tendered to the committee's possession. An
expenditure or disbursement is deemed made when promised, obligated, contracted
for or spent.
E. A
committee may accept a cash contribution.
F. A
committee may accept a contribution by written or electronic instrument,
including a check, credit card, payroll deduction, online payment or electronic
transfer, if the contributor is an account holder of the instrument. Unless
designated as a joint contribution, a contribution shall be attributed to the
account holder that signs the instrument or authorizes the transaction.
G. A
committee shall preserve all records required to be kept by this section for
two years following the end of the election cycle.
H. On
request of the filing officer or enforcement officer, a committee that has
filed a statement of organization shall produce any of the records required to
be kept pursuant to this section to the filing officer or enforcement officer.
I. A person
that qualifies as a committee as prescribed by section 16‑905 shall
report all contributions, expenditures and disbursements that occurred before
qualifying as a committee and shall maintain and produce records as prescribed
by this section. END_STATUTE
START_STATUTE16-908. Mega pac status qualification
A. A political
action committee may apply to the secretary of state for mega pac status.
B. A
political action committee qualifies for mega pac status if it receives at
least ten dollars in contributions from at least five hundred individuals in
the four-year period immediately before application to the secretary of state.
C. If the
applicant demonstrates it has met the requirements for mega pac status, the
secretary of state shall provide written certification to the political action
committee of its mega pac status, which status is valid for four years. END_STATUTE
ARTICLE
1.2. CONTRIBUTIONS
START_STATUTE16-911. Exemption from definition of contribution
A. A person
may make any contribution not otherwise prohibited by law.
B. The
following are not contributions:
1. The value
of an individual's volunteer services or expenses that are provided without
compensation or reimbursement, including the individual's:
(a) Travel expenses.
(b) Use of real or personal
property.
(c) Cost of invitations, food or
beverages.
(d) Use of e-mail, internet activity
or social media messages, only if the individual's use is not paid for by the
individual or any other person and if the e-mails, social media messages or
other internet activities do not contain or include transmittal of a paid
advertisement or paid fund-raising SOLICITATION.
2. The costs incurred
for covering or carrying a news story, commentary or editorial by a
broadcasting station or cable television operator, an internet website, a
newspaper or another periodical publication, including an internet-based or
electronic publication, if the cost for the news story, commentary or editorial
is not paid for by and the medium is not owned or under the control of a
candidate or committee.
3. Any
payment to defray the expense of an elected official meeting with constituents
or attending an informational tour, conference, seminar or presentation, if the
payor or the elected official does not attempt to influence the result of an
election and the payment is reported if required pursuant to title 38, chapter
3.1 or title 41, chapter 7, article 8.1, or both.
4. The
payment by a political party to support its nominee, including:
(a) The printing or distribution of,
or postage expenses for, voter guides, sample ballots, pins, bumper stickers,
handbills, brochures, posters, yard signs and other similar materials
distributed through the party.
(b) Coordinated political party
expenditures.
5. The payment
by any person to defray a political party's operating expenses or
party-building activities, including:
(a) Party staff and personnel.
(b) Studies and reports.
(c) Voter registration, recruitment,
polling and turnout efforts.
(d) Party conventions and party
meetings.
(e) Construction, purchase or lease
of party buildings or facilities.
6. The value
of any of the following to a committee:
(a) Interest earned on the
committee's deposits or investments.
(b) Transfers between committees to
reimburse expenses and distribute monies raised through a joint fund-raising
effort, except that contributions shall be allocated as described in the
fund-raising solicitation and expenses shall be allocated in the same
proportion as contributions.
(c) Payment of a committee's legal or accounting expenses by any
person.
(d) An extension of credit for goods
and services on a committee's behalf by a creditor if the terms are
substantially similar to extensions of credit to nonpolitical debtors that are
of similar risk and size of obligation. The creditor must make a
commercially reasonable attempt to collect the debt, except that if an
extension of credit remains unsatisfied by the committee after six months the
committee is deemed to have received a contribution but the creditor is not
deemed to have made a contribution.
7. The value
of nonpartisan communications that are intended to encourage voter registration
and turnout efforts.
8. Any
payment to a filing officer for arguments in a publicity pamphlet.
9. The
payment by any sponsor or its affiliate for the costs of establishing,
administering and soliciting contributions from its employees, members,
executives, stockholders and retirees and their families to the sponsor's
separate segregated fund.
10. Any
payment by any entity for the costs of communicating with its employees,
members, executives, stockholders and retirees and their families about any
subject, without regard to whether those communications are made in
coordination with any candidate or candidate's agent.
11. The
value of allowing a candidate or a committee's representative to appear at any
private residence or at the facilities of any entity to speak about the
candidate's campaign or about a ballot measure, if the venue is furnished by the
venue's owner, is not paid for by a third party and is not a sports stadium,
coliseum, convention center, hotel ballroom, concert hall or other similar
arena that is generally open to the public.
12. The
costs of hosting a debate or candidates' forum, if at least two opposing
candidates, with respect to any given office sought, or representatives of at
least two opposing ballot measure campaigns, with respect to any measure on the
ballot, are invited with the same or similar advance notice and method of invitation.
13. The
preparation and distribution of voter guides, subject to the following:
(a) A featured candidate or ballot
measure shall not receive greater prominence or substantially more space in the
voter guide than any other candidate or ballot measure.
(b) The voter guide shall not
include any message that constitutes express advocacy.
14. Monies
that are loaned by a financial institution in the ordinary course of business
and not for the purpose of influencing the results of an election, except that
the loan is deemed a pro rata contribution by any endorser or guarantor, other
than the candidate's spouse.
15. The
costs of publishing a book or producing a documentary, if the publication and
production are for distribution to the general public through traditional
distribution mechanisms or a fee is obtained for the purchase of the
publication or viewing of the documentary.
C. This
section does not imply that any transactions that are not specifically listed
in subsection B of this section are contributions unless those transactions
otherwise meet the definition of contribution defined in section 16-901. END_STATUTE
START_STATUTE16-912. Individual contribution limits; requirements
A. An
individual may not contribute more than the following amounts per election
cycle:
1. Six
thousand two hundred fifty dollars to a candidate committee for city, town,
county or district office.
2. Six
thousand two hundred fifty dollars to a candidate committee for legislative
office.
3. Six
thousand two hundred fifty dollars to a candidate committee for statewide
office.
B. An
individual may make unlimited contributions to persons other than candidate
committees.
C. An
individual may only make contributions using personal monies, except that a
contribution from an unemancipated minor child shall be treated as a
contribution by the child's custodial parent or parents. END_STATUTE
START_STATUTE16-913. Candidate committee contribution limits; requirements
A. A
candidate committee may not contribute more than the following amounts per
election cycle to a candidate committee for another candidate:
1. Six
thousand two hundred fifty dollars to a candidate committee for a candidate for
city, town, county or district office.
2. Six
thousand two hundred fifty dollars to a candidate committee for a candidate for
legislative office.
3. Six
thousand two hundred fifty dollars to a candidate committee for a candidate for
statewide office.
B. A
candidate committee may transfer unlimited contributions to any one or more
other candidate committees for the same candidate without regard to the office
sought under the following conditions:
1. Both
candidate committees must be registered with an officer prescribed by
subdivision (a)
of this paragraph or both must be registered with an officer
prescribed by subdivision (b) of this paragraph:
(a) A filing officer in charge of
city, town, county or district elections for any one or more offices, including
offices with different filing officers prescribed in this subdivision.
(b) The secretary of state, for any
one or more offices for which the secretary of state is the filing officer.
2. Contributions
originally made to the transferring candidate committee are deemed to be
contributions to the receiving candidate committee. On transfer, an
individual's aggregate contributions to both candidate committees during the
election cycle shall not exceed the individual's contribution limit for that
candidate.
C. A
candidate committee shall not accept contributions in excess of the
contribution limits prescribed by law. A candidate committee shall
refund or reattribute any excess contributions within sixty days after receipt
of the contribution.
D. A
candidate committee may make unlimited contributions to a person other than a
candidate's committee.
E. A
candidate may contribute unlimited personal monies to the candidate's own
candidate committee. END_STATUTE
START_STATUTE16-914. Political action committee contribution limits;
requirements
A. A
political action committee without mega pac status may not contribute more than
the following amounts per election cycle:
1. Six
thousand two hundred fifty dollars to a candidate committee for city, town,
county or district office.
2. Six
thousand two hundred fifty dollars to a candidate committee for legislative
office.
3. Six
thousand two hundred fifty dollars to a candidate committee for statewide
office.
B. A
political action committee with mega pac status may contribute twice the
amounts prescribed in subsection A of this section per election cycle if the
political action committee provides the recipient candidate committee a copy of
the political action committee's certification of mega pac status.
C. A
political action committee shall not contribute to a candidate committee using
monies contributed by a corporation, limited liability company or labor
organization.
D. A
political action committee may make unlimited contributions to persons other
than candidate committees. END_STATUTE
START_STATUTE16-915. Political party contribution limits; requirements
A. A
political party may not contribute more than the following amounts per election
cycle:
1. Ten
thousand dollars to the party's nominee for a city, town, county or district
office.
2. Ten
thousand dollars to the party's nominee for legislative office.
3. One
hundred thousand dollars to the party's nominee for statewide office.
B. A
political party shall not contribute to nominees using monies contributed by a corporation,
limited liability company or labor organization.
C. A
political party shall not contribute to candidate committees other than
nominees.
D. A
political party may make unlimited contributions to persons other than
candidate committees and nominees. END_STATUTE
START_STATUTE16-916. Corporation, limited liability company and labor
organization contributions; separate segregated fund; limits; requirements
A. A corporation,
limited liability company or labor organization shall not make contributions to
a candidate committee.
B. A
corporation, limited liability company or labor organization may make unlimited
contributions to persons other than candidate committees.
C. A
corporation, limited liability company or labor organization may sponsor a
separate segregated fund. Employees, members, executives,
stockholders and retirees and their families of a corporation, limited
liability company or labor organization and any subsidiary or affiliate of a
corporation, limited liability company or labor organization may make
contributions to the separate segregated fund, subject to the following:
1. The
separate segregated fund must register as a political action committee.
2. The
sponsor or its affiliate may pay the administrative, personnel and fund-raising
expenses of its separate segregated fund, which shall not be deemed
contributions to the fund.
3. The
sponsor or its separate segregated fund may solicit contributions from the
sponsor's, sponsor's affiliates' or sponsor's subsidiaries' employees, members,
executives, stockholders and retirees and their families. The
following additional restrictions apply:
(a) With respect to an insurer, an
insurer or its separate segregated fund may also solicit contributions from an
insurance producer's employees, members, executives, stockholders and retirees
and their families.
(b) With respect to a trade
association or membership organization, the association or organization may solicit
contributions from its members' employees, executives, stockholders,
subsidiaries and retirees and their families.
4. A sponsor
or its affiliate or a trade association or membership organization may
facilitate the making of contributions to its separate segregated fund by
establishing a payroll deduction system or other similar payment transfer
method.
5. A
sponsor, trade association, membership organization or separate segregated fund
may rely on the federal election commission's written guidance interpreting 52
United States Code section 30118(b) and rules adopted under that section when interpreting
this subsection, if otherwise consistent with this article and articles 1, 1.1,
1.3, 1.4, 1.5, 1.6 and 1.7 of this chapter. END_STATUTE
START_STATUTE16-917. Partnership contribution limits; requirements
A. A
partnership may not contribute more than the following amounts per election
cycle:
1. Six
thousand two hundred fifty dollars to a candidate committee for city, town,
county or district office.
2. Six
thousand two hundred fifty dollars to a candidate committee for legislative
office.
3. Six
thousand two hundred fifty dollars to a candidate committee for statewide office.
B. A
partnership may make unlimited contributions to persons other than candidate
committees.
C. Partnership
contributions are subject to the following:
1. Partnership
contributions shall be attributed to each contributing partner as designated by
the partnership. The partnership shall provide the recipient committee written
notice identifying the contributing partners and the amount attributed to each.
2. Partnership
contributions shall count against both the partnership's and the individual partners'
contribution limits to a recipient. The portion attributed to each
partner shall be aggregated with the individual partner's nonpartnership
contributions to that recipient and shall not exceed the individual partner's
contribution limit.
3. The
partnership shall not attribute any contribution to a partner that is a
corporation, limited liability company or labor organization.
4. Partnership
contributions need not be accompanied by the signature of each contributing
partner.
D. A
partnership may establish a separate segregated fund as prescribed in section
16-916. END_STATUTE
START_STATUTE16-918. Earmarking prohibited
A contributor shall not
give and a committee shall not accept a contribution that has been earmarked
for a candidate. END_STATUTE
ARTICLE
1.3. EXPENDITURES
START_STATUTE16-921. Exemptions from definition of expenditure
A. A person
may make any expenditure not otherwise prohibited by law.
B. The
following are not expenditures:
1. The value
of an individual's volunteer services or expenses that are provided without
compensation or reimbursement, including the individual's:
(a) Travel expenses.
(b) Use of real or personal
property.
(c) Cost of invitations, food or
beverages.
(d) Use of e-mail, internet activity
or social media messages, only if the individual's use is not paid for by the
individual or any other person and if the e-mails, social media messages or
other internet activities do not contain or include transmittal of a paid
advertisement or paid fund-raising SOLICITATION.
2. The value
of any news story, commentary or editorial by any broadcasting station, cable
television operator, programmer or producer, newspaper, magazine, website or
other periodical publication that is not owned or operated by a candidate, a
candidate's spouse or any committee.
3. The
payment by any person to defray a political party's operating expenses or
party-building activities, including:
(a) Party staff and personnel.
(b) Studies and reports.
(c) Voter registration, recruitment,
polling and turnout efforts.
(d) Party conventions and party
meetings.
(e) Construction, purchase or lease
of party buildings or facilities.
4. The value
of any of the following to a committee:
(a) Interest earned on the committee's deposits or investments.
(b) Transfers between committees to reimburse expenses and
distribute monies raised through a joint fund-raising effort, except that
contributions shall be allocated as described in the fund-raising solicitation
and expenses shall be allocated in the same proportion as contributions.
(c) Payment of a committee's legal
or accounting expenses.
(d) An extension of credit for goods
and services on a committee's behalf by a creditor if the terms are
substantially similar to extensions of credit to nonpolitical debtors that are
of similar risk and size of obligation. The creditor must make a commercially
reasonable attempt to collect the debt, except that if an extension of credit
remains unsatisfied by the committee after six months the committee is deemed
to have received a contribution but the creditor is not deemed to have made a
contribution.
5. The value
of nonpartisan communications that are intended to encourage voter registration
and turnout efforts.
6. Any
payment by a person that is not a committee to a filing officer for arguments
in a publicity pamphlet.
7. Any
payment for legal or accounting services that are provided to a committee.
8. The
payment of costs of publishing a book or producing a documentary, if the
publication and production are for distribution to the general public through
traditional distribution mechanisms or a fee is obtained for the purchase of
the publication or viewing of the documentary.
C. This
section does not imply that any transactions that are not specifically listed
in subsection B of this section are expenditures unless those transactions
otherwise meet the definition of expenditure as defined in section 16‑901.
END_STATUTE
START_STATUTE16-922. Independent and coordinated expenditures
A. Any
person may make independent expenditures.
B. An
expenditure is not an independent expenditure if either of the following
applies:
1. There is
actual coordination with respect to an expenditure between a candidate or
candidate's agent and the person making the expenditure or that person's agent.
2. Both of
the following apply:
(a) The expenditure is based on
nonpublic information about a candidate's or candidate committee's plans or
needs that the candidate or candidate's agent provides to the person making the
expenditure or that person's agent.
(b) The candidate or candidate's
agent provides the nonpublic information with an intent toward having the
expenditure made.
C. In
evaluating whether an expenditure is an independent expenditure, a filing
officer or enforcement officer may consider the following to be rebuttable
evidence of coordination:
1. Any agent
of the person making the expenditure is also an agent of the candidate whose
election or whose opponent's defeat is being advocated by the expenditure.
2. In the
same election cycle, the person making the expenditure or that person's agent
is or has been authorized to raise or spend monies on the candidate's behalf.
3. In the
same election cycle, the candidate is or has been authorized to raise money or
solicit contributions on behalf of the person making the expenditure.
D. Notwithstanding
subsection C of this section, coordination does not exist under either of the
following:
1. If the
person making the expenditure maintains a firewall between the person and that
person's agent in compliance with all of the following:
(a) The person's agent did not
participate in deciding to make the expenditure or in deciding the content,
timing or targeting of the expenditure.
(b) The person making the
expenditure has a written policy establishing the firewall and its
requirements.
(c) The person making the
expenditure and the person's agent followed the written policy regarding the
firewall.
2. Solely
because an agent of a person making the expenditure serves or has served on a
candidate's host committee for a fund‑raising event.
E. An
expenditure that is coordinated with a candidate, other than a coordinated
party expenditure, is deemed an in-kind contribution to the candidate.
F. An entity
that makes an independent expenditure, other than an individual or a committee,
shall file independent expenditure reports pursuant to section 16-926,
subsection G. END_STATUTE
ARTICLE
1.4. REPORTING REQUIREMENTS AND DISCLOSURE STATEMENTS
START_STATUTE16-925. Advertising and fund-raising disclosure statements
A. A person
that makes an expenditure for an advertisement or fund‑raising
solicitation, other than an individual, shall include the following disclosures
in the advertisement or solicitation:
1. The words
"paid for by", followed by the name of the person making the
expenditure for the advertisement or fund-raising solicitation.
2. Whether
the expenditure was authorized by any candidate, followed by the identity of
the authorizing candidate, if any.
B. In
addition to the disclosure required by subsection A of this section, a
political action committee that makes an expenditure for an advertisement shall
include a disclosure stating the names of the three political action committees
making the largest aggregate contributions to the political action committee
making the expenditure and that exceed twenty thousand dollars during the
election cycle, as calculated at the time the advertisement was distributed for
publication, display, delivery or broadcast.
C. If a
disclosure contains any acronym or nickname that is not commonly known, the
disclosure shall also spell out the acronym or provide the full name.
D. If the
advertisement is:
1. Broadcast
on radio, the disclosure shall be clearly spoken at the beginning or end of the
advertisement.
2. Delivered
by hand or mail or electronically, the disclosure shall be clearly readable.
3. Displayed
on a sign or billboard, the disclosure shall be displayed in a height that is
at least four percent of the vertical height of the sign or billboard.
4. Broadcast
on television or in a video or film, both of the following requirements apply:
(a) The disclosure shall be both
written and spoken at the beginning or end of the advertisement, except that if
the written disclosure statement is displayed for the greater of at least
one-sixth of the broadcast duration or four seconds, a spoken disclosure
statement is not required.
(b) The written disclosure statement
shall be printed in letters that are displayed in a height that is at least
four percent of the vertical picture height.
E. This
section does not apply to:
1. Social
media messages, text messages or messages sent by a short message service.
2. Advertisements
that are placed as a paid link on a website, if the message is not more than
two hundred characters in length and the link directs the user to another
website that complies with this section.
3. Advertisements
that are placed as a graphic or picture link, if the statements required in
this section cannot be conveniently printed due to the size of the graphic or
picture and the link directs the user to another website that complies with
this section.
4. Bumper
stickers, pins, buttons, pens and similar small items on which the statements
required in this section cannot be conveniently printed.
5. A
solicitation of contributions by a separate segregated fund.
6. A
communication by a tax-exempt organization solely to its members.
7. A
published book or a documentary film or video. END_STATUTE
START_STATUTE16-926. Campaign finance reports; contents
A. A
committee shall file campaign finance reports with the filing officer. The
secretary of state's instructions and procedures manual adopted pursuant to
section 16-452 shall prescribe the format for all reports and statements.
B. A
campaign finance report shall set forth:
1. The
amount of cash on hand at the beginning of the reporting period.
2. Total
receipts during the reporting period, including:
(a) An itemized list of receipts in
the following categories, including the source, amount and date of receipt,
together with the total of all receipts in each category:
(i) Contributions from individuals
whose contributions exceed fifty dollars for that election cycle, including
identification of the contributor's occupation and employer.
(ii) Contributions from candidate
committees.
(iii) Contributions from political
action committees.
(iv) Contributions from political
parties.
(v) Contributions from partnerships.
(vi) For a political action committee
or political party, contributions from corporations and limited liability
companies, including identification of the corporation's or limited liability
company's file number issued by the corporation commission.
(vii) For a political action committee
or political party, contributions from labor organizations, including
identification of the labor organization's file number issued by the corporation
commission.
(viii) For a candidate committee, a
candidate's contribution of personal monies.
(ix) All loans, including
identification of any endorser or guarantor other than a candidate's spouse,
and the contribution amount endorsed or guaranteed by each.
(x) Rebates and refunds.
(xi) Interest on committee monies.
(xii) The fair market value of in-kind
contributions received.
(xiii) Extensions of credit that remain
outstanding, including identification of the creditor and the purpose of the
extension.
(b) The aggregate amount of
contributions from all individuals whose contributions do not exceed fifty
dollars for the election cycle.
3. An
itemized list of all disbursements in excess of two hundred fifty dollars
during the reporting period in the following categories, including the
recipient, the recipient's address, a description of the disbursement and the
amount and date of the disbursement, together with the total of all
disbursements in each category:
(a) Disbursements for operating expenses.
(b) Contributions to candidate
committees.
(c) Contributions to political
action committees.
(d) Contributions to political
parties.
(e) Contributions to partnerships.
(f) For a political action committee
or political party, contributions to corporations and limited liability
companies, including identification of the corporation's or limited liability
company's file number issued by the corporation commission.
(g) For a political action committee
or political party, contributions to labor organizations, including
identification of the labor organization's file number issued by the
corporation commission.
(h) Repayment of loans.
(i) Refunds of contributions.
(j) Loans made.
(k) The value of in-kind
contributions provided.
(l) Independent expenditures that
are made to advocate the election or defeat of a candidate, including
identification of the candidate, office sought by the candidate, election date,
mode of advertising and distribution or publication date.
(m) Expenditures to advocate the
passage or defeat of a ballot measure, including identification of the ballot
measure, ballot measure serial number, election date, mode of advertising and
distribution or publication date.
(n) Expenditures to advocate for or
against the issuance of a recall election order or for the election or defeat
of a candidate in a recall election, including identification of the officer to
be recalled or candidate supported or opposed, mode of advertising and
distribution or publication date.
(o) Any other disbursements or
expenditures.
4. The total
sum of all receipts and disbursements for the reporting period.
5. A
certification by the committee treasurer, issued under penalty of perjury, that
the contents of the report are true and correct.
C. The
amount of an in-kind contribution of services shall be equal to the usual and
normal charges for the services on the date received by the committee.
D. If any
receipt or disbursement is earmarked, the committee shall report the identity
of the person to whom the receipt or disbursement is earmarked.
E. Candidate
committee reports shall be cumulative for the election cycle to which they
relate. Political action committee and political party reports shall be
cumulative for a two-year election cycle ending in the year of a statewide
general election. If there has been no change during the reporting
period in an item listed in the immediately preceding report, only the amount
need be carried forward.
F. For a
political action committee that receives individual contributions through a
payroll deduction plan, that committee is not required to separately itemize
each contribution received from the contributor during the reporting
period. In lieu of itemization, the committee may report all of the
following:
1. The aggregate
amount of contributions received from the contributor through the payroll
deduction plan during the reporting period.
2. The
individual's identity.
3. The
amount deducted per pay period.
G. An entity
that makes independent expenditures or ballot measure expenditures in excess of
one thousand dollars during a reporting period shall file an expenditure report
with the filing officer for the applicable reporting period. Expenditure
reports shall identify the candidate or ballot measure supported or opposed,
office sought by the candidate, if any, election date, mode of advertising and
first date of publication, display, delivery or broadcast of the advertisement.
END_STATUTE
START_STATUTE16-927. Campaign finance reporting period
A. A
political action committee and political party shall file a campaign finance
report covering each reporting period as follows:
1. For a
calendar quarter without an election, the political action committee or
political party shall file a quarterly report. The quarterly report
shall be:
(a) Filed not later than the
fifteenth day after the calendar quarter.
(b) Complete through the last day of
the calendar quarter.
2. For a
calendar quarter with an election, the political action committee or political
party shall file a preelection and postelection report as follows:
(a) A preelection report shall be:
(i) Filed not later than ten days
before the election.
(ii) Complete from the first day of
the applicable calendar quarter through the seventeenth day before the
election.
(b) A postelection report shall be:
(i) Filed not later than the
fifteenth day after the applicable calendar quarter.
(ii) Complete from the sixteenth day
before the election through the last day of the applicable calendar quarter.
B. A
candidate committee shall file a campaign finance report only during the four
calendar quarters comprising the twelve‑month period preceding the
general election for the office for which the candidate is seeking election, or
for cities and towns, the city's or town's second, runoff or general election,
however designated by the city or town.
C. A
committee shall file campaign finance reports until terminated. END_STATUTE
START_STATUTE16-928. Filing officer; statements and reports
A. A person
who is required to file any statements and reports required by this article and
articles 1, 1.1, 1.2, 1.3, 1.5, 1.6 and 1.7 of this chapter shall file with the
filing officer in charge of that election, as follows:
1. The
secretary of state is the filing officer for statewide and legislative
elections, including retention elections for supreme court justices and court
of appeals judges. The secretary of state is
also the filing officer for committees that support or oppose a recall election
or the circulation of a petition for a recall election for a statewide or
legislative officeholder, for committees that support or oppose a statewide
initiative or referendum or other statewide ballot measure, question or
proposition or the circulation of a petition for a statewide initiative or
referendum or other statewide ballot measure, question or proposition.
2. The
county officer in charge of elections is the filing officer for county, school
district, community college district and special taxing district elections,
including retention elections for superior court judges. The county officer in
charge of elections is also the filing officer for committees that support or
oppose a recall election or the circulation of a petition for a recall election
for an officeholder of a county office, a school district governing board
office, a community college district governing board office or a special taxing
district governing board office, for committees that support or oppose a
county, school district, community college district or special taxing district
initiative or referendum or other ballot measure, question or proposition, including
bond, tax, budget and budget override measures or that oppose or support the
circulation of a petition for a county, school district, community college
district or special taxing district initiative or referendum or other county,
school district, community college district or special taxing district ballot
measure, question or proposition.
3. The city
or town clerk is the filing officer for city and town elections. The
city or town officer in charge of elections is also the filing officer for committees
that support or oppose a recall election or the circulation of a petition for a
recall election for a city or town officeholder, for committees that support or
oppose a city or town initiative or referendum or other city or town ballot
measure, question or proposition or the circulation of a petition for a city or
town initiative or referendum or other city ballot measure, question or
proposition.
B. Notwithstanding
subsection A of this section, a standing committee shall only file reports with
the secretary of state.
C. A filing
officer shall provide the option for electronic filing and shall make all
statements and reports publicly available on the internet. A filing
officer may comply with this section by opting into the secretary of state's electronic
filing system and paying a fee as determined by the secretary of state. END_STATUTE
ARTICLE
1.5. INFLATIONARY ADJUSTMENTS
START_STATUTE16-931. Inflationary adjustments; committee registration;
contribution limits
A. In
January of each odd-numbered year, the secretary of state shall increase:
1. The
committee registration thresholds specified in section 16-905 by one hundred
dollars.
2. The
contribution limits specified in article 1.2 of this chapter by one hundred
dollars.
B. The
secretary of state shall publish the revised amounts and make the amounts
available to election officials, candidates, committees and the public. END_STATUTE
ARTICLE
1.6. COMMITTEE TERMINATION
START_STATUTE16-933. Transfer and disposal of committee monies; limitations
A. A
committee that intends to terminate shall dispose of surplus monies as follows:
1. Return
surplus monies to the contributor.
2. Contribute
surplus monies within the limits prescribed in article 1.2 of this chapter.
3. Donate
surplus monies to a nonprofit organization that has tax exempt status under
section 501(c)(3) of the
internal revenue code.
4. In the
case of a statewide or legislative candidate committee and subject to section
41-133, transfer surplus monies to the candidate's officeholder expense
account.
B. Surplus
monies shall not be used for or converted to personal use.
C. Any
transfer of surplus monies shall comply with section 16‑913.
D. This
section does not preclude the repayment of a loan to a committee. END_STATUTE
START_STATUTE16-934. Termination statement; filing; contents
A. A
committee may terminate only when the committee treasurer files a termination
statement with the filing officer with whom the committee's statement of
organization was filed.
B. In the
termination statement, the committee treasurer shall certify under penalty of
perjury that all of the following apply:
1. The
committee will no longer receive any contributions or make any disbursements.
2. The
committee either:
(a) Has no outstanding debts or
obligations.
(b) Has outstanding debts or
obligations, or both, that are all more than five years old, and that the
committee's creditors have agreed to discharge the debts and obligations and
have agreed to the termination of the committee.
3. Any
surplus monies have been disposed of and that the committee has no cash on
hand.
4. All
contributions and expenditures have been reported, including any disposal of
surplus monies.
C. A filing
officer may reject the termination statement if it appears to the filing officer
that the requirements in subsection B of this section have not been satisfied.
D. After a
termination statement is filed, a committee:
1. Is not
required to file any subsequent campaign finance reports.
2. Shall
have no further receipts or disbursements without filing a new statement of
organization.
E. A
standing committee may terminate its activities in a particular reporting
jurisdiction, and remain active in other reporting jurisdictions, by filing a
statement of that intent with the filing officer in each reporting
jurisdiction. END_STATUTE
ARTICLE
1.7. ENFORCEMENT
START_STATUTE16-937. Failure to file; penalties; notice; suspension
A. If a
committee fails to timely file a complete report as prescribed by articles 1,
1.1, 1.2, 1.3, 1.4, 1.5 and 1.6 of this chapter, the filing officer shall send
a written notice by e-mail to the committee within five days after the filing
deadline that identifies the late report, describes how fines accrue and
identifies methods of payment.
B. A
committee that fails to timely file a report shall pay the filing officer a
penalty of ten dollars for each day that the filing is late during the first
fifteen days after the filing deadline and twenty-five dollars for each
subsequent day that the filing is late. Penalties accrue until the late report
is filed.
C. If a
committee fails to file a complete report within thirty days after the filing
deadline and after providing notice pursuant to subsection A of this section,
the filing officer may notify the appropriate enforcement officer prescribed in
this article.
D. For any
political action committee or political party that fails to file three
consecutive complete reports, the filing officer shall send by e‑mail to
the committee a notice of temporary suspension and the following apply:
1. On
receipt, the committee's authority to operate in the jurisdiction is
temporarily suspended.
2. The
notice shall state that failure to comply with all filing and payment
requirements within thirty days after the date of the notice shall result in
permanent suspension of the committee's authority to operate in that
jurisdiction.
E. after
compliance with subsection d of this section, the filing officer may
permanently suspend the committee and shall notify the committee by e-mail and
is not required to provide any further notice. Permanent or temporary
suspension does not eliminate a committee's continuing obligation to file
reports and pay any outstanding and accruing penalties provided by law. END_STATUTE
START_STATUTE16-938. Enforcement authority; investigation; reasonable cause;
notice of violation; administrative appeal
A. On
receipt of a complaint from a third party, A filing officer is the sole public
officer who is authorized to initiate an investigation into alleged violations
of this article and articles 1, 1.1, 1.2, 1.3, 1.4, 1.5 and 1.6 of this chapter,
including the alleged failure to register as a committee. A filing
officer shall limit an investigation to violations that are within the filing
officer's jurisdiction. If the filing officer declares a conflict of interest,
the filing officer may refer the investigation to any other filing officer in
this state who agrees to accept the referral.
B. The
secretary of state shall establish guidelines in the instructions and
procedures manual adopted pursuant to section 16-452 that outline the
procedures, timelines and other processes that apply to investigations by all
filing officers in this state.
C. If after
providing the subject of an investigation a reasonable opportunity to respond,
the filing officer has reasonable cause to believe a person violated this article
or article 1, 1.1, 1.2, 1.3, 1.4, 1.5 or 1.6 of this chapter, the filing
officer shall refer the matter to the enforcement officer as follows:
1. For
matters investigated by the secretary of state, the secretary of state shall
notify the attorney general.
2. For
matters investigated by a county filing officer, the county filing officer
shall notify the county attorney.
3. For
matters investigated by a city or town filing officer, the city or town filing
officer shall notify the city or town attorney.
D. Before a
reasonable cause determination is made as prescribed in subsection C of this
section, a filing officer, an enforcement officer and any other public officer
or employee may not order a person to register as a committee and does not have
audit or subpoena powers to compel the production of evidence or the attendance
of witnesses concerning a potential campaign finance violation. A filing
officer may request the voluntary production of evidence or attendance of
witnesses in making a reasonable cause determination.
E. Only
after receiving a referral from the filing officer, the enforcement officer
may:
1. Conduct
an investigation using the enforcement officer's subpoena powers, except that
the enforcement officer shall not compel a person to file campaign finance
reports unless the enforcement officer has determined that the person is a
committee.
2. Serve the
alleged violator with a notice of violation. The notice shall state with
reasonable particularity the nature of the violation, shall specify the fine or
penalty imposed and shall require compliance within twenty days after the date
of issuance of the notice. The enforcement officer shall impose a presumptive
civil penalty equal to the value or amount of money that has been received, spent
or promised in violation of this article and articles 1, 1.1, 1.2, 1.3, 1.4,
1.5 and 1.6 of this chapter, except that after a finding of special
circumstances, the enforcement officer may impose a penalty of up to three
times the amount of the presumptive civil penalty, based on the severity,
extent or wilful nature of the alleged violation. If the notice of violation
requires a person to file campaign finance reports, the reports are not
required to be filed until the enforcement officer's notice of violation has
been upheld after any timely appeal.
3. Keep any
nonpublic information gathered by the enforcement officer in the course of the
committee status investigation confidential until the final disposition of any
appeal of the enforcement order.
F. The
enforcement officer has the sole and exclusive authority to initiate any
applicable administrative or judicial proceedings to enforce an alleged
violation of this article and articles 1, 1.1, 1.2, 1.3, 1.4, 1.5 and 1.6 of
this chapter that have been referred by the filing officer.
G. If the
alleged violator:
1. Takes
corrective action within twenty days after the date of the issuance of the
notice of violation by the enforcement officer, the alleged violator is not
subject to any penalty.
2. Does not
take corrective action within twenty days after the date of issuance of the
notice of violation by the enforcement officer, the enforcement officer shall
impose the penalty set forth in the notice and shall provide formal notice that
the imposition of the penalty is an appealable agency action pursuant to
sections 41-1092.03 and 41-1092.04.
H. Within
thirty days after receiving the notice of violation from the enforcement
officer the alleged violator may request a hearing pursuant to title 41,
chapter 6, article 10.
I. After the
conclusion of the administrative appeal process prescribed in title 41, chapter
6, article 10, the alleged violator may appeal to the superior court pursuant
to title 12, chapter 7, article 6 for judicial review of the final administrative
decision. END_STATUTE
Sec. 13. Subject
to the requirements of article IV, part 1, section 1, Constitution of Arizona,
section 16-941, Arizona Revised Statutes, is amended to read:
START_STATUTE16-941. Limits on spending and contributions for political campaigns
A. Notwithstanding
any law to the contrary, a participating candidate:
1. Shall not accept
any contributions, other than a limited number of five‑dollar qualifying
contributions as specified in section 16‑946 and early contributions as
specified in section 16‑945, except in the emergency situation specified
in section 16‑954, subsection F D.
2. Shall not make
expenditures of more than a total of five hundred dollars of the candidate's
personal monies for a candidate for the legislature or more than one thousand
dollars for a candidate for statewide office.
3. Shall not make
expenditures in the primary election period in excess of the adjusted primary
election spending limit.
4. Shall not make
expenditures in the general election period in excess of the adjusted general
election spending limit.
5. Shall comply with
section 16‑948 regarding campaign accounts and section 16‑953
regarding returning unused monies to the citizens clean elections fund
described in this article.
B. Notwithstanding
any law to the contrary, a nonparticipating candidate shall not accept
contributions in excess of an amount that is twenty per cent percent
less than the limits specified
in section 16‑905, subsections A through E article 1.2 of this chapter, as adjusted by the secretary of state pursuant to
section 16‑905, subsection H 16-931. Any violation of this subsection shall be
subject to the civil penalties and procedures set forth in section
16‑905, subsections J through M and section 16‑924 article 1.7 of this chapter.
C. Notwithstanding
any law to the contrary, a candidate, whether participating or
nonparticipating:
1. If specified in a
written agreement signed by the candidate and one or more opposing candidates
and filed with the citizens clean elections commission, shall not make any
expenditure in the primary or general election period exceeding an agreed‑upon
amount lower than spending limits otherwise applicable by statute.
2. Shall continue to
be bound by all other applicable election and campaign finance statutes and
rules, with the exception of those provisions in express or clear conflict with
this article.
D. Notwithstanding
any law to the contrary, any person who makes independent expenditures related
to a particular office cumulatively exceeding five hundred dollars in an
election cycle, with the exception of any expenditure listed in section 16‑920 exempted from the definition of
expenditure pursuant to section 16-921 and any independent expenditure by an organization
arising from a communication directly to the organization's members,
shareholders, employees, affiliated persons and subscribers, shall file reports
with the secretary of state in accordance with section 16‑958 so
indicating, identifying the office and the candidate or group of candidates
whose election or defeat is being advocated and stating whether the person is
advocating election or advocating defeat. END_STATUTE
Sec. 14. Subject
to the requirements of article IV, part 1, section 1, Constitution of
Arizona, section 16-946, Arizona Revised Statutes, is amended to read:
START_STATUTE16-946. Qualifying contributions
A. During the
qualifying period, a participating candidate may collect qualifying
contributions, which shall be paid to the fund.
B. To qualify as a
qualifying contribution, a contribution must be:
1. Made by a
qualified elector as defined in section 16‑121, who at the time of the
contribution is registered in the electoral district of the office the
candidate is seeking and who has not given another qualifying contribution to
that candidate during that election cycle.
2. Made by a person
who is not given anything of value in exchange for the qualifying contribution.
3. In the sum of five
dollars, exactly.
4. Received
unsolicited during the qualifying period or solicited during the qualifying
period by a person who is not employed or retained by the candidate and who is
not compensated to collect contributions by the candidate or on behalf of the
candidate.
5. If made by check
or money order, made payable to the candidate's campaign committee, or if in
cash, deposited in the candidate's campaign committee's account.
6. Accompanied by a
three‑part reporting slip that includes the printed name, registration
address and signature of the contributor, the name of the candidate for whom
the contribution is made, the date and the printed name and signature of the
solicitor. An electronic signature as defined in section 41‑351 is
deemed to comply with this paragraph.
C. A copy of the
reporting slip shall be given as a receipt to the contributor, and another copy
shall be retained by the candidate's campaign committee. Delivery of
an original reporting slip to the secretary of state shall excuse the candidate
from disclosure of these contributions on campaign finance reports filed under
article 1 1.4
of this chapter.END_STATUTE
Sec. 15. Subject
to the requirements of article IV, part 1, section 1, Constitution of
Arizona, section 16-947, Arizona Revised Statutes, is amended to read:
START_STATUTE16-947. Certification as a participating candidate
A. A candidate who
wishes to be certified as a participating candidate shall file, before the end
of the qualifying period, an application with the secretary of state, in a form
specified by the citizens clean elections commission.
B. The application
shall identify the candidate, the office that the candidate plans to seek and
the candidate's party, if any, and shall contain the candidate's signature,
under oath, certifying that:
1. The candidate has complied
with the restrictions of section 16‑941, subsection A during the election
cycle to date.
2. The candidate's
campaign committee and exploratory committee have filed all campaign finance
reports required under article 1 1.4
of this chapter during the
election cycle to date and that they are complete and accurate.
3. The candidate will
comply with the requirements of section 16‑941, subsection A during the
remainder of the election cycle and, specifically, will not accept private
contributions.
C. The commission
shall act on the application within one week. Unless, within that time, the
commission denies an application and provides written reasons that all or part
of a certification in subsection B of this section is incomplete or untrue, the
candidate shall be certified as a participating candidate. If the
commission denies an application for failure to file all complete and accurate
campaign finance reports or failure to make the certification in subsection B,
paragraph 3 of this section, the candidate may reapply within two weeks of the
commission's decision by filing complete and accurate campaign finance reports
and another sworn certification.
D. A candidate shall
be denied certification if that candidate was removed from office by the commission
or if the candidate is delinquent in payment of a debt to the commission. If
the debt is paid in full or if the candidate is current on a payment agreement
with the commission, the candidate may apply for certification as a
participating candidate and is eligible to be certified if otherwise qualified
by law.END_STATUTE
Sec. 16. Subject
to the requirements of article IV, part 1, section 1, Constitution of
Arizona, section 16-948, Arizona Revised Statutes, is amended to read:
START_STATUTE16-948. Controls on participating candidates' campaign accounts
A. A participating
candidate shall conduct all financial activity through a single campaign
account of the candidate's campaign committee. A participating
candidate shall not make any deposits into the campaign account other than
those permitted under section 16‑945 or 16‑946.
B. A candidate may
designate other persons with authority to withdraw funds from the candidate's
campaign account. The candidate and any person so designated shall
sign a joint statement under oath promising to comply with the requirements of
this title.
C. The candidate or a
person authorized under subsection B of this section shall pay monies from a
participating candidate's campaign account directly to the person providing
goods or services to the campaign and shall identify, on a report filed
pursuant to article 1 1.4
of this chapter, the full name
and street address of the person and the nature of the goods and services and
compensation for which payment has been made. Notwithstanding the
previous sentence, a campaign committee may establish one or more petty cash
accounts, which in aggregate shall not exceed one thousand dollars at any
time. No single expenditure shall be made from a petty cash account
exceeding one hundred dollars.
D. Monies in a
participating candidate's campaign account shall not be used to pay fines or
civil penalties, for costs or legal fees related to representation before the
commission, or for defense of any enforcement action under this
chapter. Nothing in this subsection shall prevent a participating
candidate from having a legal defense fund.
E. A participating
candidate shall not use clean elections monies to purchase goods or services
that bear a distinctive trade name, trademark or trade dress item, including a
logo, that is owned by a business or other entity that is owned by that
participating candidate or in which the candidate has a controlling interest.
The use of goods or services that are prohibited by this subsection is deemed
to be an unlawful in-kind contribution to the participating candidate. END_STATUTE
Sec. 17. Subject
to the requirements of article IV, part 1, section 1, Constitution of
Arizona, section 16-958, Arizona Revised Statutes, is amended to read:
START_STATUTE16-958. Manner of filing reports
A. Any person who has
previously reached the dollar amount specified in section 16‑941,
subsection D for filing an original report shall file a supplemental report
each time previously unreported independent expenditures specified by that
subsection exceeds one thousand dollars. Such reports shall be filed
at the times specified in subsection B of this section and shall identify the
dollar amount being reported, the candidate and the date, and no other detail
is required in reports made pursuant to this section.
B. Any person who
must file an original report pursuant to section 16‑941, subsection D or
who must file a supplemental report for previously unreported amounts pursuant
to subsection A of this section shall file as follows:
1. Before the
beginning of the primary election period, the person shall file a report on the
first of each month, unless the person has not reached the dollar amount for
filing an original or supplemental report on that date.
2. Thereafter, except
as stated in paragraph 3 of this subsection, the person shall file a report on
any Tuesday by which the person has reached the dollar amount for filing an
original or supplemental report.
3. During the last
two weeks before the primary election and the last two weeks before the general
election, the person shall file a report within one business day of reaching
the dollar amount for filing an original or supplemental report.
C. Any filing under
this article on behalf of a candidate may be made by the candidate's campaign
committee. All candidates shall deposit any check received by and
intended for the campaign and made payable to the candidate or the candidate's
campaign committee, and all cash received by and intended for the campaign, in
the candidate's campaign account before the due date of the next report
specified in subsection B of this section. No candidate or person
acting on behalf of a candidate shall conspire with a donor to postpone
delivery of a donation to the campaign for the purpose of postponing the
reporting of the donation in any subsequent report.
D. The secretary of
state shall immediately notify the commission of the filing of each report
under this section and deliver a copy of the report to the commission, and the
commission shall promptly mail or otherwise deliver a copy of each report filed
pursuant to this section to all participating candidates opposing the candidate
identified in section 16‑941, subsection D.
E. Any report that is filed pursuant to this section or section
16‑916, subsection A, paragraph 1 or subsection B that
is required to be filed with the secretary of state shall be filed in electronic format. The
secretary of state shall distribute computer software to political committees
to accommodate such electronic filing.
F. During the primary
election period and the general election period, all candidates shall make
available for public inspection all bank accounts, campaign finance reports and
financial records relating to the candidate's campaign, either by immediate
disclosure through electronic means or at the candidate's campaign headquarters,
in accordance with rules adopted by the commission.END_STATUTE
Sec. 18. Subject
to the requirements of article IV, part 1, section 1, Constitution of
Arizona, section 16-959, Arizona Revised Statutes, is amended to read:
START_STATUTE16-959. Inflationary and other adjustments of dollar values
A. Every two years,
the secretary of state shall modify the dollar values specified in the
following parts of this article, in the manner specified by section 16‑905,
subsection H 16-931,
to account for inflation: section 16‑941, subsection A, paragraph 2 or
subsection D; section 16‑942, subsection B; section 16‑945,
subsection A, paragraphs 1 and 2; section 16‑948, subsection C; section
16‑955, subsection G; and section 16‑961, subsections G and
H. In addition, the secretary of state shall make a similar
inflation adjustment by modifying the dollar values in section 16‑949,
subsection A to reflect cumulative inflation since the enactment of this
article. In addition, every two years, the secretary of state shall change the
dollar values in section 16‑961, subsections G and H in proportion to the
change in the number of Arizona resident personal income tax returns filed
during the previous calendar year.
B. Based on the
results of the elections in any quadrennial election after 2002, and within six
months after such election, the commission may adopt rules in a public meeting
reallocating funds available to all candidates between the primary and general
elections by selecting a fraction for primary election spending limits that is
between one-third and one-half of the spending limits for the election as a
whole. For each office, the primary election spending limit shall be modified
to be the sum of the primary and general spending limits times the selected
fraction, and the general election spending limit shall be modified to be the
same sum times one less the selected fraction. END_STATUTE
Sec. 19. Subject
to the requirements of article IV, part 1, section 1, Constitution of
Arizona, section 16-961, Arizona Revised Statutes, is amended to read:
START_STATUTE16-961. Definitions
A. The terms "candidate's
campaign committee,"
"contribution," "expenditures," "exploratory
committee,"
"independent expenditure," "personal monies, " "political
committee" and
"statewide office" are defined in section 16‑901.
B. 1. "Election
cycle" means the period between successive general elections for a
particular office.
2. "Exploratory
period" means the period beginning on the day after a general election and
ending the day before the start of the qualifying period.
3. "Qualifying
period" means the period beginning on the first day of August in a year
preceding an election and ending one week before the primary election.
4. "Primary
election period" means the nine‑week period ending on the day of the
primary election.
5. "General
election period" means the period beginning on the day after the primary
election and ending on the day of the general election.
6. For any recall
election, the qualifying period shall begin when the election is called and
last for thirty days, there shall be no primary election period and the general
election period shall extend from the day after the end of the qualifying
period to the day of the recall election. For recall elections, any reference
to "general election" in this article shall be treated as if referring
to the recall election.
C. 1. "Participating
candidate" means a candidate who becomes certified as a participating
candidate pursuant to section 16‑947.
2. "Nonparticipating
candidate" means a candidate who does not become certified as a participating
candidate pursuant to section 16‑947.
3. Any limitation of
this article that is applicable to a participating candidate or a
nonparticipating candidate shall also apply to that candidate's campaign
committee or exploratory committee.
D. "Commission"
means the citizens clean elections commission established pursuant to section
16‑955.
E. "Fund"
means the citizens clean elections fund defined by this article.
F. 1. "Party
nominee" means a person who has been nominated by a political party
pursuant to section 16‑301 or 16‑343.
2. "Independent
candidate" means a candidate who has properly filed nominating papers and
nominating petitions with signatures pursuant to section 16‑341.
3. "Unopposed"
means with reference to an election for:
(a) A member of the
house of representatives, opposed by no more than one other candidate who has
qualified for the ballot and who is running in the same district.
(b) A member of the
corporation commission, opposed by a number of candidates who have qualified
for the ballot that is fewer than the number of corporation commission seats
open at that election and for which the term of office ends on the same date.
(c) All other
offices, opposed by no other candidate who has qualified for the ballot and who
is running in that district or running for that same office and term.
G. "Primary
election spending limits" means:
1. For a candidate
for the legislature, twelve thousand nine hundred twenty-one dollars.
2. For a candidate
for mine inspector, forty‑one thousand three hundred forty-nine dollars.
3. For a candidate
for treasurer, superintendent of public instruction or the corporation
commission, eighty‑two thousand six hundred eighty dollars.
4. For a candidate
for secretary of state or attorney general, one hundred sixty‑five
thousand three hundred seventy-eight dollars.
5. For a candidate
for governor, six hundred thirty‑eight thousand two hundred twenty‑two
dollars.
H. "General
election spending limits" means amounts fifty per cent percent
greater than the amounts
specified in subsection G of this section.
I. 1. "Original"
spending limit means a limit specified in subsections G and H of this section,
as adjusted pursuant to section 16‑959, or a special amount expressly set
for a particular candidate by a provision of this title.
2. "Adjusted"
spending limit means an original spending limit as further adjusted pursuant to
section 16‑952.END_STATUTE
Sec. 20. Section 19-111, Arizona Revised
Statutes, is amended to read:
START_STATUTE19-111. Number for petition; training materials
A. A person or organization intending to propose a
law or constitutional amendment by initiative petition or to file a referendum
petition against a measure, item, section or part of a measure, before causing
the petition to be printed and circulated, shall file with the secretary of
state an application, on a form to be provided by the secretary of state,
setting forth the person's name or, if an organization, its name and the names
and titles of its officers, the person's or organization's address, the
person's or organization's intention to circulate and file a petition, a
description of no more than one hundred words of the principal provisions of
the proposed law, constitutional amendment or measure and the text of the
proposed law, constitutional amendment or measure to be initiated or referred
in no less than eight point type, and applying for issuance of an official
serial number. At the same time as the person or organization files its
application, the person or organization shall file with the secretary of state
its statement of organization or its
signed exemption statement as prescribed by section 16‑902.01.
The secretary of state shall not accept an application for initiative or
referendum without an accompanying statement of organization or signed exemption statement as prescribed by
this subsection.
B. On receipt of the application, the secretary of
state shall assign an official serial number to the petition, which number
shall appear in the lower right‑hand corner of each side of each copy
thereof, and issue that number to the applicant. The secretary of
state shall assign numbers to petitions in numerical sequence, and a record
shall be maintained in the secretary of state's office of each application
received and of the numbers assigned and issued to the applicant.
C. The secretary of state shall make available to
each applicant by electronic means a copy of the text of this article governing
the initiative and referendum and all rules adopted by the secretary of state
pursuant to this title. In
addition, the secretary of state shall provide the applicant by electronic
means the ability to file a statement of organization or five hundred dollar
threshold exemption statement and a notice stating: "This
statement must be filed before valid signatures can be collected." The
secretary of state shall make available by electronic means a copy of the text
of this article governing the initiative and referendum and all rules adopted
by the secretary of state pursuant to this title to the county, city and town
clerks who shall similarly furnish a copy to each applicant by electronic
means. If a member of the public so requests, the secretary of state
and the county, city and town clerks shall provide a copy in pamphlet form.
D. The secretary of state shall make available to
each person or organization circulating a statewide initiative, referendum or
recall petition a copy of circulator training materials created by the
secretary of state. Circulator training materials may be provided on
paper or in electronic format and shall also be available on the secretary of
state's website. A person or organization circulating a statewide
petition shall provide each circulator with the secretary of state's circulator
training materials and shall collect and submit to the secretary of state each
of its circulators' training materials receipts before the filing of completed
petitions. Each person who is a statewide circulator shall
acknowledge in writing receipt of the training materials before circulating a
petition for signatures. Failure to provide circulator training materials or
failure to submit circulators' training materials receipts is not grounds for
removal of signatures or signature sheets. Notwithstanding section
19‑141, this subsection does not apply to initiative, referendum or
recall petitions for cities, towns and counties.
E. The eight point type required by subsection A of
this section shall not apply to maps, charts or other graphics. END_STATUTE
Sec. 21. Section 19-111.01, Arizona Revised
Statutes, is amended to read:
START_STATUTE19-111.01. Text review; legislative council; recommendations
A. At any time before filing an application for
initiative petition or referendum petition and after filing a statement of
organization pursuant to section 16‑902.01
16-906, a political
committee that intends to submit an application for initiative petition or
referendum petition for a proposed law or constitutional amendment may submit a
copy of the text of the proposed law, referral or constitutional amendment to
the director of the legislative council.
B. No later than thirty days after receipt of the
text of the measure, the legislative council staff shall review the proposed
measure. The legislative council staff shall limit its consideration
to errors in the drafting of the measure, confusing, conflicting or
inconsistent provisions within the measure and conflicts with other state laws
and federal law and shall consider and may prepare recommendations to improve
the text of the proposed measure.
C. The person or organization proposing the law or
constitutional amendment may accept, modify or reject any recommendations made
by the legislative council staff regarding the text of the measure solely in
its discretion. END_STATUTE
Sec. 22. Section 19-114, Arizona Revised
Statutes, is amended to read:
START_STATUTE19-114. Prohibition on circulating petitions by certain persons;
statement of organization
A. No county recorder or justice of the peace and no
person other than a person who is qualified to register to vote pursuant to
section 16‑101 may circulate an initiative or referendum petition and all
signatures verified by any such person shall be void and shall not be counted
in determining the legal sufficiency of the petition.
B. Signatures obtained on initiative and referendum
petitions by a political committee proposing the initiative or referendum or
any of its officers, agents, employees or members prior to the filing of the
committee's statement of organization or
prior to the filing of the five hundred dollar threshold exemption statement
pursuant to section 16‑902.01 are void and shall not be
counted in determining the legal sufficiency of the petition.END_STATUTE
Sec. 23. Section
19-121.01, Arizona Revised Statutes, is amended to read:
START_STATUTE19-121.01. Secretary of state; removal of
petition and ineligible signatures; facsimile sheets; random sample; presumption
A. Within twenty
days, excluding Saturdays, Sundays and other legal holidays, of
after the date of filing of an initiative or referendum petition and
issuance of the receipt, the secretary of state shall:
1. Remove the following:
(a) Those sheets not attached to a copy of the
complete title and text of the measure as prescribed in this chapter.
(b) The copy of the title and text from the
remaining petition sheets.
(c) Those sheets not bearing the correct petition
serial number in the lower right‑hand corner of each side.
(d) Those sheets containing a circulator's affidavit
that is not completed or signed or that has been modified.
(e) Those sheets on which the affidavit of the
circulator is not notarized, the notary's signature is missing, the notary's
commission has expired or the notary's seal is not affixed.
(f) Those sheets on which the signatures of the
circulator or the notary are dated earlier than the dates on which the electors
signed the face of the petition sheet.
(g) Those sheets that are circulated by a circulator
who is prohibited from participating in any election, initiative, referendum or
recall campaign pursuant to section 19‑119.01.
(h) Those sheets on which the circulator is required
to be registered with the secretary of state pursuant to section 19‑118
and the circulator is not properly registered at the time the petitions were
circulated.
2. After completing the steps in paragraph 1 of this
subsection, review each sheet to determine the county of the majority of the signers
and shall:
(a) Place a three or four letter abbreviation
designating that county in the upper right‑hand corner of the face of the
petition.
(b) Remove all signatures of those not in the county
of the majority on each sheet by marking an "SS" in red ink in the
margin to the right of the signature line.
(c) Cause all signature sheets to be grouped
together by county of registration of the majority of those signing and attach
them to one or more copies of the title and text of the measure. If
the sheets are too bulky for convenient grouping by the secretary of state in
one volume by county, they may be bound in two or more volumes with those in
each volume attached to a single printed copy of the measure. The
remaining detached copies of the title and text of the measure shall be
delivered to the applicant.
3. After completing the steps in paragraph 2 of this
subsection, remove the following signatures that are not eligible for
verification by marking an "SS" in red ink in the margin to the right
of the signature line:
(a) If the signature of the qualified elector is
missing.
(b) If the residence address or the description of
residence location is missing.
(c) If the date on which the petitioner signed is
missing, if the date on which the petitioner signed the petition is before the
date that the statement of organization was filed
for serial number
was assigned to the political committee that is filing the petition or
if the date on which the petitioner signed the petition is after the date on which
the affidavit was completed by the circulator and notarized.
(d) Signatures in excess of the fifteen signatures
permitted per petition.
(e) Signatures withdrawn pursuant to section 19‑113.
(f) Signatures for which the secretary of state
determines that the petition circulator has printed the elector's first and
last names or other information in violation of section 19‑112.
4. After the removal of petition sheets and
signatures, count the number of signatures for verification on the remaining
petition sheets and note that number in the upper right‑hand corner of
the face of each petition sheet immediately above the county designation.
5. Number the remaining petition sheets that were
not previously removed and that contain signatures eligible for verification in
consecutive order on the front side of each petition sheet in the upper left‑hand
corner.
6. Count all remaining petition sheets and
signatures not previously removed and issue a receipt to the applicant of this
total number eligible for verification.
B. If the total number of signatures for
verification as determined pursuant to subsection A, paragraph 6 of this
section equals or exceeds the constitutional minimum, the secretary of state, during the same twenty day
period provided in subsection A of this section, the secretary of state shall select, at
random, five percent of the total signatures eligible for verification by the
county recorders of the counties in which the persons signing the petition
claim to be qualified electors. The random sample of signatures to
be verified shall be drawn in such a manner that every signature eligible for
verification has an equal chance of being included in the
sample. The random sample produced shall identify each signature
selected by petition page and line number. The signatures selected
shall be marked according to the following procedure:
1. Using red ink, mark the selected signature by
circling the line number and drawing a line from the base of the circle
extending into the left margin.
2. If a signature line selected for the random
sample is found to be blank or was removed from the verification process
pursuant to subsection A of this section and is marked with an "SS",
then the next line down, even if that requires going to the next petition sheet
in sequence, on which an eligible signature appears shall be selected as a
substitute if that line has not already been selected for the random
sample. If the next eligible line is already being used in the
random sample, the secretary of state shall proceed back up the page from the
signature line originally selected for the random sample to the next previous
signature line eligible for verification. If that line is already being used in
the random sample, the secretary of state shall continue moving down the page
or to the next page from the line originally selected for the random sample and
shall select the next eligible signature as its substitute for the random
sample. The secretary of state shall use this process of alternately
moving forward and backward until a signature eligible for verification and not
already included in the random sample can be selected and substituted.
C. After the selection of the random sample and the
marking of the signatures selected on the original petition sheets pursuant to
subsection B of this section, the secretary of state shall reproduce a
facsimile of the front of each signature sheet on which a signature included in
the random sample appears. The secretary of state shall clearly
identify those signatures marked for verification by color highlighting or
other similar method and shall transmit by personal delivery or certified mail
to each county recorder a facsimile sheet of each signature sheet on which a
signature appears of any individual who claims to be a qualified elector of
that county and whose signature was selected for verification as part of the
random sample.
D. The secretary of state shall presume that the
date noted on the petition for a petitioner's signature is the date on which
the petitioner signed the petition, and any person seeking to establish a
different date for the signature bears the burden of proof in overcoming the
presumption.
E. The secretary of state shall retain in custody
all signature sheets removed pursuant to this section except as otherwise
prescribed in this title.END_STATUTE
Sec. 24. Section 19-202, Arizona Revised
Statutes, is amended to read:
START_STATUTE19-202. Recall petition; limitations; subsequent petition
A. A recall petition shall not be circulated against
any officer until he the officer has held office
for six months, except that a petition may be filed against a member of the
legislature at any time after five days from the beginning of the first session
after his the member's election. The
commencement of a subsequent term in the same office does not renew the six
month period delaying the circulation of a recall petition.
B. After one recall petition and election, no
further recall petition shall be filed against the same officer during the term
for which he the officer was elected unless the
petitioners signing the petition first, at the time of application for the
subsequent recall petition, pay into the public treasury from which such
election expenses were paid all expenses of the preceding election.
C. Signatures obtained on
recall petitions by a committee or any of its officers, agents, employees or
members before the filing of the committee's statement of organization are void
and shall not be counted in determining the legal sufficiency of the petition.END_STATUTE
Sec. 25. Section 23-361.02, Arizona Revised
Statutes, is amended to read:
START_STATUTE23-361.02. Paycheck deductions; authorization; civil penalty;
definition
A. For
deductions after October 1, 2011, a public or private employer in this state
shall not deduct any payment from an employee's paycheck for political purposes
unless the employee annually provides written or electronic authorization to
the employer for the deduction.
B. If a
deduction is made from an employee's paycheck for multiple purposes after
October 1, 2011, the employer shall obtain a statement from each entity to
which the deductions are paid that indicates the payment is not used for
political purposes or a statement that indicates the maximum percentage of the
payment that is used for political purposes. The employer shall not
deduct any payment beyond that specified for nonpolitical purposes without the
annual written or electronic permission of the employee.
C. Within ninety days after the effective date of
this section, The attorney general shall adopt rules that
describe the acceptable forms of employee authorization and entity statements
under this section.
D. If an
employer knowingly deducts payments in violation of subsection A of this
section or an entity provides an inaccurate statement under this section, the
respective employer or entity is subject to a civil penalty of at least ten
thousand dollars for each violation. The attorney general shall impose and
collect the civil penalties under this subsection and shall deposit, pursuant
to sections 35‑146 and 35‑147, all civil penalties collected
pursuant to this section in the state general fund.
E. This
section does not apply to any of the following:
1. A
single deduction for nonpolitical purposes.
2. Deductions
for savings or charitable contributions.
3. Deductions
for employee health care, retiree or welfare benefits.
4. Deductions
for state, local or federal taxes.
5. Deductions
for contributions to a separate segregated fund pursuant to 2 United States
Code section 441b(b) or section 16‑920,
subsection A, paragraph 3 16‑916.
6. Any
deduction otherwise required by law.
F. If an
employee has authorized a deduction from the employee's paycheck under this
section and the employee resigns membership in the association or organization
for which the deduction was authorized, the employee's authorization for the
deduction is rescinded upon the employer's receipt from the employee of written
notice of the resignation. The employer shall have one pay period to process
the rescission.
G. This
section does not preempt any federal law.
H. For
the purposes of this section, employee does not include any public safety
employee, including a peace officer, firefighter, corrections officer,
probation officer or surveillance officer, who is employed by this state or a
political subdivision of this state.
I. For
the purposes of this section, "political purposes" means supporting
or opposing any candidate for public office, political party, referendum,
initiative, political issue advocacy, political action committee or other
similar group.END_STATUTE
Sec. 26. Section
38-296.01, Arizona Revised Statutes, is amended to read:
START_STATUTE38-296.01. Limitation on running for multiple offices
A. A person is not eligible to be a candidate for
nomination or election to more than one public office if the elections for
those offices are held on the same day and if the person would be prohibited
from serving in the offices simultaneously.
B. A
person is not eligible to be a candidate for nomination or election to and is
not eligible to serve simultaneously in more than one statewide office.
C. A
person is not eligible to be a candidate for nomination or election to and is
not eligible to serve simultaneously in more than one legislative office.
D. A
person is not eligible to be a candidate for nomination or election to and is
not eligible to serve simultaneously in both a legislative office and a
statewide office.
B. E. A person is
not eligible to be a candidate for nomination or election to and is not
eligible to serve simultaneously on more than one school district governing
board, except that a member of a governing board may be a candidate for
nomination or election for any other governing board if the member is serving
in the last year of a term of office.END_STATUTE
Sec. 27. Section 38-544, Arizona Revised
Statutes, is amended to read:
START_STATUTE38-544. Violation; classification
A. Any public officer, local public officer or
candidate who knowingly fails to file a financial disclosure statement required
pursuant to section 38‑542, 38‑543 or 38‑545, who knowingly
files an incomplete financial disclosure statement or who knowingly files a
false financial disclosure statement is guilty of a class 1 misdemeanor.
B. Any public officer, local public officer or
candidate who violates this chapter is subject to a civil penalty of fifty
dollars for each day of noncompliance but not more than five hundred dollars
that may be imposed as prescribed in section
16‑924 sections
16-937 and 16-938. END_STATUTE
Sec. 28. Section
41-128, Arizona Revised Statutes, is amended to read:
START_STATUTE41-128. Standing political committee administrative fund; purpose
The standing political committee administrative fund is
established consisting of monies from filing fees that are paid by standing
political committees pursuant to section
16‑902.01. The secretary of state shall administer the
fund. Monies in the fund are continuously appropriated. The state treasurer
shall invest and divest monies in the fund as provided by section 35‑313,
and monies earned from investment shall be credited to the fund. Monies in the
fund shall be used for the costs of administering and enforcing the campaign
finance laws relating to standing political committees. END_STATUTE
Sec. 29. Section 41-133, Arizona Revised
Statutes, is amended to read:
START_STATUTE41-133. Officeholder expenses; account; reporting; limitations;
civil penalty; definition
A. Any person who holds elected statewide public
office or a legislative office in this state, whether by election or
appointment, may receive or spend monies to defray the costs of performing
officeholder duties as follows:
1. An officeholder may receive contributions pursuant
to this section only from individuals, and the maximum amount that may be
received from an individual during an election cycle is one hundred fifty
dollars.
2. The total amount that an officeholder may receive
or spend pursuant to this section during an election cycle is ninety-eight
thousand three hundred sixty dollars for the governor, fifty‑one thousand
six hundred eighty dollars for the secretary of state and the attorney general,
twenty‑five thousand eight hundred forty dollars for all other statewide
officeholders and nine thousand eight hundred dollars for a legislator, which
may include personal monies as prescribed by paragraph 3 of this
subsection. The secretary of state shall adjust this amount
biennially as prescribed in section 16‑905,
subsection H 16-931.
3. An officeholder may contribute up to thirty per cent percent of the limits as prescribed by
paragraph 2 of this subsection of the officeholder's personal monies to the
officeholder's expense account.
B. For an officeholder's future campaign monies
received do not constitute a contribution as defined in section 16‑901 if
the monies are received, expended and reported as prescribed in this section.
C. An officeholder shall establish a separate
account for officeholder expenses, which shall be separate from any candidate
campaign account. The officeholder shall file a statement of organization for
the account designated as an officeholder expense account. Monies raised or
spent for officeholder expenses shall be reported under campaign finance
reporting requirements pursuant to title 16, chapter 6, article articles
1, 1.1, 1.2, 1.3, 1.4,
1.5, 1.6 and 1.7.
D. An officeholder shall not use monies in the
officeholder account for campaign purposes. Permissible uses of monies in an
officeholder account include the following:
1. Office equipment and supplies.
2. Travel related to the officeholder's duties.
3. Meeting or communicating with constituents.
4. Expenses for informational and educational
purposes, including subscriptions to newspapers, magazines or other periodicals
or websites or other informational services, membership or participation in
community, professional or fraternal organizations and participation in
conferences and seminars.
E. An officeholder shall not receive or spend monies
from the officeholder account during the period beginning April 30 in an
election year, shall complete the purchase or otherwise use the item before
April 30 in an election year and shall not spend those monies until after the
day of the general election. Any monies remaining in the
officeholder expense account beginning April 30 in an election year may not be
used except as follows:
1. Paid to the state general fund.
2. For a person who continues to hold office as
prescribed in this section, carried forward to an officeholder expense account
for another office or term of office, subject to the limitations prescribed by
this section.
3. Donated to a political committee other than a
person's exploratory committee or a candidate's campaign committee, unless the
officeholder continues to hold office as prescribed in this section or the
officeholder holds any other elected office immediately following completion of
the officeholder's term.
4. Donated to an organization that qualifies under
section 501(c)(4) of the United States internal revenue code, unless the
officeholder continues to hold office as prescribed in this section or the
officeholder holds any other elected office immediately following completion of
the officeholder's term.
F. Except as prescribed in subsection E of this
section, an officeholder shall not transfer officeholder account monies to any
other account or committee except for another officeholder account for that
same officeholder.
G. Section 41‑1234.01 applies to contributions
to an officeholder account for legislators.
H. A person who violates this section is subject to
a civil penalty of three times any amount improperly received, spent or
reported.
I. Section 16‑924
applies Sections 16-937
and 16-938 apply for the implementation and enforcement of this
section.
J. Any monies held by an officeholder pursuant to
the officeholder expense account rules established by the citizens clean
elections commission are subject to this section, and the citizens clean
elections commission has no further authority with respect to those monies.
K. For the purposes of this section,
"officeholder" means a person who holds an elected statewide public
office or a legislative office in this state, whether by election or
appointment. END_STATUTE
Sec. 30. Effective date
This act is
effective from and after December 31, 2016.
(REQUIREMENTS FOR ENACTMENT NOT
ENACTED)
Sec. 31. Requirements for enactment; three-fourths vote
Pursuant to article IV, part 1, section 1, Constitution of
Arizona, sections 16-941, 16‑946, 16‑947, 16‑948, 16-958, 16‑959
and 16-961, Arizona Revised Statutes, as amended by this act, are effective
only on the affirmative vote of at least three-fourths of the members of each
house of the legislature.
