SB1232 - 512R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 19-112, Arizona Revised Statutes, as amended by Laws 2013, chapter 209, section 8, is amended to read:

START_STATUTE19-112. Signatures and verification; attachment; registration of circulators

A. Every qualified elector signing a petition shall do so in the presence of the person who is circulating the petition and who is to execute the affidavit of verification. At the time of signing, the qualified elector shall sign his first and last names in the spaces provided and the elector so signing shall print his first and last names and write, in the appropriate spaces following the signature, the signer's residence address, giving street and number, and if he has no street address, a description of his residence location. The elector so signing shall write, in the appropriate spaces following the elector's address, the date on which the elector signed the petition.

B. The signature sheets shall be attached at all times during circulation to a full and correct copy of the title and text of the measure or constitutional amendment proposed or referred by the petition. The title and text shall be in at least eight point type and shall include both the original and the amended text. The text shall indicate material deleted, if any, by printing the material with a line drawn through the center of the letters of the material and shall indicate material added or new material by printing the letters of the material in capital letters. The secretary of state's time‑and‑date-marked copy of the measure or constitutional amendment with its proposed text set out in full with the original and the amended text constitutes the full and correct copy and is the only valid copy of the title and text of the measure for circulation for signatures. Signatures that are collected with any copy of the measure or constitutional amendment that is not a facsimile of the time‑and‑date-marked copy with title and text that is identical to the time‑and‑date-marked copy are invalid.

C. The person before whom the signatures, names and addresses were written on the signature sheet, on the affidavit form pursuant to this section, shall subscribe and swear before a notary public that each of the names on the sheet was signed and the name and address were printed by the elector and the circulator on the date indicated, that in his belief each signer was a qualified elector of a certain county of the state, or, in the case of a city, town or county measure, of the city, town or county affected by the measure on the date indicated, and that at all times during circulation of the signature sheet a copy of the title and text was attached to the signature sheet. Circulators who are not residents of this state must be registered as circulators with 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 register pursuant to this subsection. The secretary of state shall establish in the instructions and procedures manual issued pursuant to section 16‑452 a procedure for registering circulators and receiving service of process. All signatures of petitioners on a signature sheet shall be those of qualified electors who are registered to vote in the same county. However, if signatures from more than one county appear on the same signature sheet, only the valid signatures from the same county that are most numerous on the signature sheet shall be counted. Signature and handwriting comparisons may be made.

D. The affidavit shall be in the following form printed on the reverse side of each signature sheet:

Affidavit of Circulator

State of Arizona )

) ss.:

County of ___________)

(Where notarized)

I, (print name) , a person who is not required to be a resident of this state but who is otherwise qualified to register to vote in the state of Arizona at all times during my circulation of this petition sheet, and under the penalty of a class 1 misdemeanor, depose and say that subject to section 19‑115, Arizona Revised Statutes, each individual printed the individual's own name and address and signed this sheet of the foregoing petition in my presence on the date indicated and I believe that each signer's name and residence address or post office address are correctly stated and that each signer is a qualified elector of the state of Arizona (or in the case of a city, town or county measure, of the city, town or county affected by the measure proposed to be initiated or referred to the people) and that at all times during circulation of this signature sheet a copy of the title and text was attached to the signature sheet.

(Signature of affiant) ____________________

(Residence address, street

and number of affiant,

or if no street address, a

description of residence

location)

_________________________________

Subscribed and sworn to before me on _________________________

(date)

__________________________________

Notary Public

(form shall include a designated location for notary stamp)

E. The eight point type required by subsection B of this section shall not apply to maps, charts or other graphics. END_STATUTE

Sec. 2. Section 19-112, Arizona Revised Statutes, as amended by Laws 2011, chapter 332, section 24, is amended to read:

START_STATUTE19-112. Signatures and verification; attachment; registration of circulators

C. The person before whom the signatures, names and addresses were written on the signature sheet shall, on the affidavit form pursuant to this section, shall subscribe and swear before a notary public that each of the names on the sheet was signed and the name and address were printed by the elector and the circulator on the date indicated, and that in his belief each signer was a qualified elector of a certain county of the state, or, in the case of a city, town or county measure, of the city, town or county affected by the measure on the date indicated, and that at all times during circulation of the signature sheet a copy of the title and text was attached to the signature sheet. Circulators who are not residents of this state must be registered as circulators with 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 register pursuant to this subsection. The secretary of state shall establish in the instructions and procedures manual issued pursuant to section 16‑452 a procedure for registering circulators and receiving service of process. All signatures of petitioners on a signature sheet shall be those of qualified electors who are registered to vote in the same county. However, if signatures from more than one county appear on the same signature sheet, only the valid signatures from the same county that are most numerous on the signature sheet shall be counted. Signature and handwriting comparisons may be made.

D. The affidavit shall be in the following form printed on the reverse side of each signature sheet:

Affidavit of Circulator

State of Arizona )

) ss.:

County of ___________)

(Where notarized)

I, ____(print name)____, a person who is not required to be a resident of this state but who is otherwise qualified to register to vote in the county of _______, in the state of Arizona at all times during my circulation of this petition sheet, and under the penalty of a class 1 misdemeanor, depose and say that subject to section 19‑115, Arizona Revised Statutes, each individual printed the individual's own name and address and signed this sheet of the foregoing petition in my presence on the date indicated and I believe that each signer's name and residence address or post office address are correctly stated and that each signer is a qualified elector of the state of Arizona (or in the case of a city, town or county measure, of the city, town or county affected by the measure proposed to be initiated or referred to the people) and that at all times during circulation of this signature sheet a copy of the title and text was attached to the signature sheet.

(Signature of affiant) ____________________

(Residence address, street

and number of affiant, or

if no street address, a

description of residence

location)

_________________________________

Subscribed and sworn to before me on ____________________.

(date)

__________________________________

Notary Public

___________________________, Arizona.

My commission expires on _________________.

(date)

E. The eight point type required by subsection B of this section shall not apply to maps, charts or other graphics. END_STATUTE

Sec. 3. Section 19-118, Arizona Revised Statutes, is amended to read:

START_STATUTE19-118. Registered circulators; requirements; definition

A. all Circulators who are not residents of this state AND, for statewide ballot measures only, ALL PAID CIRCULATORS must register as circulators with the secretary of state before circulating petitions pursuant to this title. The political committee that is circulating the petition shall collect and submit the registrations to the secretary of state. The secretary of state shall establish in the instructions and procedures manual issued pursuant to section 16-452 a procedure for registering circulators and shall publish ON A WEBSITE MAINTAINED BY the SECRETARY OF STATE ALL INFORMATION REGARDING CIRCULATORS that is REQUIRED PURSUANT TO THIS SECTION. For statewide ballot measures only, THE SECRETARY OF STATE SHALL DISQUALIFY ALL SIGNATURES COLLECTED BY A CIRCULATOR WHO FAILS TO REGISTER PURSUANT TO THIS SUBSECTION AS PROVIDED FOR IN SECTION 19-121.01, SUBSECTION A.

B. THE REGISTRATION REQUIRED BY SUBSECTION A of this section SHALL INCLUDE THE FOLLOWING PROVISIONS:

1. THE CIRCULATOR CONSENTS TO THE JURISDICTION OF THE COURTS OF this state IN RESOLVING ANY DISPUTES CONCERNING THE CIRCULATION OF PETITIONS by that circulator.

2. THE CIRCULATOR SHALL DESIGNATE AN ADDRESS IN this state AT WHICH THE circulator WILL ACCEPT SERVICE OF PROCESS RELATED TO DISPUTES CONCERNING CIRCULATION OF that circulator's PETITIONS. SERVICE OF PROCESS IS EFFECTED UNDER THIS SECTION BY DELIVERING A COPY OF THE SUBPOENA TO THAT PERSON INDIVIDUALLY OR BY LEAVING A COPY of the subpoena AT THE ADDRESS DESIGNATED BY THE CIRCULATOR WITH A PERSON OF SUITABLE AGE.

C. IF A REGISTERED CIRCULATOR IS PROPERLY SERVED WITH A SUBPOENA TO PROVIDE EVIDENCE IN An ACTION REGARDING CIRCULATION OF PETITIONS AND FAILS TO APPEAR OR PRODUCE DOCUMENTS AS PROVIDED FOR IN the SUBPOENA, all signatures collected by that circulator are deemed invalid. THE PARTY SERVING THE SUBPOENA MAY REQUEST AN ORDER FROM THE COURT DIRECTING THE sECRETARY OF sTATE TO REMOVE ANY SIGNATURES COLLECTED BY the CIRCULATOR AS PROVIDED FOR IN SECTION 19-121.01, SUBSECTION A.

D. ANY person MAY CHALLENGE THE LAWFUL REGISTRATION OF CIRCULATORS IN tHE SUPERIOR COURT OF THE COUNTY IN WHICH THE CIRCULATOR IS REGISTERED. A CHALLENGE MAY not BE COMMENCED MORE THAN FIVE DAYS after THE date on which THE PETITIONS for which the circulator is required to be registered are filed WITH THE SECRETARY OF STATE. The person challenging signatures may amend that complaint after the secretary of state has removed signatures and signature sheets as prescribed in section 19‑121.01. An action pursuant to this section shall be advanced on the calendar and decided by the court as soon as possible. Either party may appeal to the supreme court within five calendar days after entry of judgment. the prevailing party in an action to CHALLENGE the registration of a circulator under this section is entitled to reasonable attorney fees.

E. The removal or disqualification of any one or more circulators does not invalidate the random sample of signatures made pursuant to section 19‑121.01 and the secretary of state shall not be required to conduct any additional random sampling of signatures.

F. Notwithstanding section 19-141, this section does not apply to filing officers for counties, cities and towns and paid circulators for county, city and town measures are not required to register with the secretary of state or with the filing officer of the county, city or town. Challenges to signatures and circulators of county, city or town measures shall be as otherwise provided by law.

G. For the purposes of this title, "paid circulator":

1. Means a natural person who receives monetary or other compensation that is based on the number of signatures obtained on a petition or on the number of petitions circulated that contain signatures.

2. Does not include a paid employee of any political committee organized pursuant to title 16, chapter 6, unless that employee's primary responsibility is circulating petitions to obtain signatures. END_STATUTE

Sec. 4. Section 19-121.01, Arizona Revised Statutes, as amended by Laws 2013, chapter 209, section 10, is amended to read:

START_STATUTE19-121.01. Secretary of state; removal of petition and ineligible signatures; facsimile sheets; random sample

A. Within twenty days, excluding Saturdays, Sundays and other legal holidays, of 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 that is marked by the official date and time of receipt by the secretary of state.

(b) The copy of the title and text from the remaining petition sheets.

(d) Those sheets containing a circulator's affidavit that is not completed or signed.

(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) For statewide ballot measures only, 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.

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.

(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, shall select, at random, five per cent 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 retain in custody all signature sheets removed pursuant to this section except as otherwise prescribed in this title. END_STATUTE

Sec. 5. Section 19-121.01, Arizona Revised Statutes, as amended by Laws 2010, chapter 209, section 22, is amended to read:

START_STATUTE19-121.01. Secretary of state; removal of petition and ineligible signatures; facsimile sheets; random sample

A. Within twenty days, excluding Saturdays, Sundays and other legal holidays, of 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 title and text of the measure.

(b) The copy of the title and text from the remaining petition sheets.

(d) Those sheets containing a circulator's affidavit that is not completed or signed.

(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) Beginning after November 2, 2010, 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.

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.

(a) If the signature of the qualified elector is missing.

(b) If the residence address or the description of residence location is missing.

(d) Signatures in excess of the fifteen signatures permitted per petition.

(e) Signatures withdrawn pursuant to section 19‑113.

(f) Beginning after November 2, 2010, 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.

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.

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.

D. 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. 6. Section 19-204, Arizona Revised Statutes, is amended to read:

START_STATUTE19-204. Form of petition

A. The caption and body of a recall petition shall be substantially as follows:

Recall Petition

We, the qualified electors of the electoral district from which _________________________________________ (name and title of office) was elected, demand his recall.

The grounds of this demand for recall are as follows:

(State in two hundred words or less the grounds of the demand)

B. The following shall be printed on each petition sheet in capital letters in at least twelve-point bold-faced type in the upper right-hand corner of the face of the petition sheet:

"__________________paid circulator" "_______________volunteer".

C. A circulator of a recall petition shall state whether he is a paid circulator or volunteer by checking the appropriate line on the petition form before circulating the petition for signatures.

D. For statewide and legislative officers only, signatures obtained on recall petitions in violation of subsection c of this section are void and shall not be counted in determining the legal sufficiency of the petition.

B. E. The remaining portion of the petition shall be as prescribed for initiative and referendum except that a designation for paid or volunteer circulators is not required on the petition and signatures are valid without regard to whether they were collected by a paid or volunteer circulator.END_STATUTE

Sec. 7. Conditional enactment

A. Section 19-112, Arizona Revised Statutes, as amended by Laws 2013, chapter 209, section 8 and section 1 of this act, is effective only if Laws 2013, chapter 209, the subject of referendum petition R‑03‑2014, is approved by a vote of the people at the next general election or if Laws 2013, chapter 209, the subject of referendum petition R‑03‑2014, fails to be referred to the voters at the next general election.

B. Section 19-112, Arizona Revised Statutes, as amended by Laws 2011, chapter 332, section 24 and section 2 of this act, is effective only if Laws 2013, chapter 209, the subject of referendum petition R‑03‑2014, is rejected by a vote of the people at the next general election.

C. Section 19-121.01, Arizona Revised Statutes, as amended by Laws 2013, chapter 209, section 10 and section 4 of this act, is effective only if Laws 2013, chapter 209, the subject of referendum petition R‑03‑2014, is approved by a vote of the people at the next general election or if Laws 2013, chapter 209, the subject of referendum petition R‑03‑2014, fails to be referred to the voters at the next general election.

D. Section 19-121.01, Arizona Revised Statutes, as amended by Laws 2010, chapter 209, section 22 and section 5 of this act, is effective only if Laws 2013, chapter 209, the subject of referendum petition R‑03‑2014, is rejected by a vote of the people at the next general election.