Senate Engrossed House Bill

 

 

 

State of Arizona

House of Representatives

Fifty-third Legislature

Second Regular Session

2018

 

 

 

CHAPTER 77

 

HOUSE BILL 2078

 

 

AN ACT

 

Amending sections 16-905, 16‑928 and 16-931, Arizona Revised Statutes; relating to campaign contributions and expenses.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1.  Section 16-905, Arizona Revised Statutes, is amended to read:

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.  For city and town elections, 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 five hundred dollars in connection with that candidacy.

B.  C.  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.  D.  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.  E.  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.  F.  An entity may register as a political party committee only as prescribed in chapter 5 of this title.

F.  G.  A committee is not subject to state income tax and is not required to file a state income tax return.

G.  H.  The dollar amounts prescribed by subsections A and C of this section shall be increased every two years pursuant to section 16‑931. END_STATUTE

Sec. 2.  Section 16-928, Arizona Revised Statutes, is amended to read:

START_STATUTE16-928.  Filing officer; statements and reports

A.  A person who that 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 clerk 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 only 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

Sec. 3.  Section 16-931, Arizona Revised Statutes, is amended to read:

START_STATUTE16-931.  Biennial 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, subsections A and C 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


 

 

 

 

APPROVED BY THE GOVERNOR MARCH 27, 2018.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 27, 2018.