ARIZONA STATE SENATE
Fiftieth Legislature, Second Regular Session
FINAL AMENDED
FACT SHEET FOR H.B. 2033
appropriation; secretary of state
(NOW: public electronic posting; government bodies)
Purpose
Requires certain counties, cities or towns that operate a website to post the names of candidates who have filed a threshold exemption statement and specifies posting requirements for cities or towns that do not operate a website. Requires the Secretary of State (SOS) to develop an electronic database for financial disclosures. Modifies certain statutes related to election law.
Background
Elections are governed by federal and state law and administered under the authority of both the SOS and county and local elections officials. The Arizona Constitution, Arizona statutes, the Secretary of State Elections Procedures Manual and court opinions have helped to shape election law in Arizona.
Pursuant to Arizona Revised Statutes (A.R.S.) § 38-543, every public officer is required to provide verified financial disclosure statements covering the preceding calendar year on a form prescribed by the SOS at the time of filing of nomination papers.
According to A.R.S. Title 41, Chapter 7, Article 8.1 each principal and public body must report annually all single expenditures received by or benefitting a member of the Legislature, whether or not the expenditures were made in the course of lobbying.
The elections officer in a county with a population of more than 100,000 that operates a website is required to post on that website campaign finance information related to campaign contributions and expenses. A city or town with a population of more than 2,500 that operates a website is subject to the same website posting requirements. The county, city or town posting requirements are not applicable to reports where less than $500 is spent (A.R.S. § 16-916).
The fiscal impact of this legislation is undetermined. H.B. 2033, in part, requires the SOS to develop an electronic database for financial disclosures subject to legislative appropriations or a transfer of monies.
Provisions
SOS Electronic Database
1. Requires the SOS to develop an electronic database system for financial disclosures and lobbyist reporting requirements, subject to legislative appropriations or transfer of monies.
2. Permits a county, city or town to elect to use the SOS’s system subject to the following:
a) approval by the local governing body; and
b) the local governing body must conform their financial and lobbying disclosure requirements to the requirements of this state.
3. States that the SOS is not required comply with any other filing requirements aside from those currently in statute.
Local Government Posting Thresholds
4. Requires certain counties, cities or towns meeting specified population thresholds that operate a website to post on that website the names of candidates who have filed a threshold exemption pursuant to current law.
5. Requires a city or town without a website to post the required information on a website operated by an association of cities and towns in this state.
Statewide Database; Registered Voters Count
6. Authorizes an entity designated by the SOS as a voter registration agency to utilize the voter registration database.
7. Eliminates the requirement that the county recorder count persons who are registered voters as of June 1 in even numbered years.
Vacancy; Notice of Withdrawal
8. Requires, if the person vacating the office changed political parties after taking office, that the vacated office is filled by a person who is of the same political party as the vacating office holder was initially when elected or appointed to the following offices:
a) U.S. senator;
b) state office (except the Governor);
c) county office; or
d) legislative office.
9. Requires a notice of withdrawal to be posted at early voting locations and made available to early voters by providing a website address with the early ballot instructions at which prompt updates to information regarding write-in and withdrawn candidates is available.
Presidential Preference Election (PPE)
10. Requires, if the Governor issues a PPE proclamation to hold the election on a date earlier than the fourth Tuesday in February, the proclamation to be issued no later than 180 days before the election date, rather than 150 days before the election date.
11. Changes the nomination paper filing deadline for a presidential candidate to not less than 90 days nor more than 120 days before the PPE, rather than to not less than 50 days nor more than 70 days before the election.
12. Requires a presidential candidate to file with the SOS nomination petitions signed by 1,000 registered voters who are qualified to vote for the candidate whose petition they are signing for that election.
13. Provides, for recognized parties with less than 50,000 registered voters, that nomination petitions be signed by 1,000 registered voters of any political party.
14. Requires nomination petitions to conform to the requirements in the filing and form of nomination petitions statute.
15. Permits a candidate to qualify to appear on the PPE primary ballot of the candidate’s political party by meeting certain filing and notice requirements and either of the following:
a) a certification by the Federal Election Commission that, by the filing date, the candidate has qualified for matching federal campaign funds; or
b) evidence that by the filing deadline the candidate’s name is qualified to appear on the PPE primary ballot of the candidate’s party in at least 20 other states.
16. Reimburses counties 100 percent of the costs incurred to conduct the presidential preference election.
New Political Party Recognition
17. Changes PPE filing deadlines for new political party recognition petitions to not less than 150 nor more than 180 days before the PPE, rather than not less than 75 nor more than 105 days before the election, and specifies certain filing, processing and verification criteria.
18. Changes the petition for new party recognition filing deadline to not less than 180 days before the primary election for which the party seeks recognition, rather than 140 days before the primary election.
19. Requires the SOS, within seven business days after receipt of a petition for statewide recognition, to do the following:
a) review each sheet to determine the county of the majority of the signers and to do the following:
i) place a three or four letter abbreviation designating that county in the upper right-hand corner of the face of the petition;
ii) remove all signatures of those not in the county of majority on each sheet by making a certain mark; and
iii) cause all signature sheets to be grouped together by county of registration of the majority of those signing.
b) count the number of signatures for verification on the remaining petition sheets;
c) number the remaining petition sheets that were not previously removed and that contain signatures eligible for verification; and
d) count all remaining sheets and signatures not previously removed and issue a receipt to the applicant of this total number eligible for verification.
20. Changes the SOS timeframe to determine the number of valid signatures from within 10 business days to within 72 hours after receipt of the signature sheets and county recorder certification.
21. Decreases the determining timeframe by one month by which a political organization is entitled to continued representation as a political party on the ballot on the basis of votes cast.
Nomination Petitions; Signature Verification; Poll Lists
22. Modifies the nomination petition forms, which include the following:
a) changes the paper size from 14 inches wide to 11 inches wide;
b) changes the number of lines and line numbering from 15 to 10; and
c) changes the line spacing from 3/8 of an inch apart to 1/2 of an inch apart.
23. Permits, when the county recorder or elections officer is a party, a court to award the county recorder or election officer reasonable expenses incurred in signature verification for a challenge of a candidate’s nominating petition signatures.
24. Permits, rather than requires, copies of poll lists in precincts that do not use electronic poll books to be provided and specifies that a copy is given to a major political party representative if copies are available.
Political Committees; Campaign Finance
25. Modifies the definition of political committee, regarding a candidate for public office, to include those that receive contributions or make expenditures of more than $250 and requires political committees that intend to accept contributions or make expenditures between more than $250 and up to $500 to file a signed exemption statement.
26. Includes a committee acting in support of, or in opposition to, a recall election to statute related to contribution reporting requirements.
27. Adds recall elections to the additional campaign finance reporting requirements related to special elections.
28. Includes corporations, limited liability companies and labor organizations in statute regarding independent expenditures for literature or advertisement relating to a candidate or office.
29. Specifies that an expenditure by a corporation, limited liability company or a labor organization that does not meet the definition of an independent expenditure is an in-kind contribution, unless otherwise exempted.
Miscellaneous
30. States legislative intent regarding the development of an electronic database system for financial disclosures and lobbyist reporting requirements is to increase transparency in campaign finance compliance by improving public access to information at different levels of local government and to provide for improved voter education.
31. Requires candidate name rotation to be the presumed method of ballot organization when there are two or more precincts in a political subdivision that hold an all mail ballot election, unless candidate name rotation is impracticable, in which case candidate names are drawn by lot at a public meeting.
32. Permits precinct committeemen to assist voters in the voting booth.
33. Permits, as session law, the SOS to hire independent counsel in place of the Attorney General through December 31, 2014.
34. Makes technical and conforming changes.
35. Becomes effective on the general effective date.
Amendments Adopted by Senate Appropriations Committee
· Adopted the strike everything amendment.
Amendments Adopted by Senate Committee of the Whole
1. Removes the $650,000 appropriation to the SOS.
2. Specifies that the SOS is to develop an electronic database subject to legislative appropriation or a transfer of monies.
3. Removes specific references to the $500 threshold exemption.
4. Adds an intent clause.
Amendments Adopted by Conference Committee
· Adds certain election law provisions related to the statewide database, the registered voters count, vacancies in office and notice of candidate withdrawal, the PPE and new political party recognition, nomination petition forms, signature verification challenges, poll lists, political committees, campaign finance issues regarding recall elections, candidate name rotation, and the SOS’s ability to hire independent counsel.
Senate Action House Action
APPROP 3/13/12 DPA/SE 9-0-4 Final Read 4/30/12 58-0-2
3rd Read 4/18/12 27-1-2
Final Read 4/30/12 25-4-1
Signed by the Governor 5/15/12
Chapter 361
Prepared by Senate Research
June 7, 2012
GK/PV/ly