Bill
Number: S.B. 1492
Shope
Floor Amendment
Reference
to: printed bill
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
1. Requires a county
school superintendent and chairman of a county board of supervisors to meet and
canvass the returns of a community college district board election no later
than 14 days after the election, rather than on the 14th day after
the election.
2.
Requires the call of a nonpartisan election that is
mailed to each household, rather than published, to be mailed 105 days, rather
than 90 days, before the election.
3. Exempts candidates for
elected office for all special taxing districts, rather than certain special
taxing districts, from filing a statement of interest with the appropriate filing
officer.
4. Requires nomination
petitions for the office of presidential elector for presidential candidates
that are not registered with a political party recognized for continued
representation on the ballot to be filed 80-120 days, rather than 60-90 days,
before the general election.
5. Reinserts the
requirement that a pre-election test of automatic tabulation equipment and
programs be observed by at least two election inspectors from different
parties, rather than at least one representative from each of the two largest
political parties.
6. Applies statutory
requirements for precinct election boards to voting center or other voting
location election boards.
7. Removes the requirement
that a petition for recognition of a new political party on a city, town or
county ballot include the signatures of qualified electors from at least
one-fourth of election precincts in the city, town or county.
8. Requires Legislative
Council to file an impartial analysis of ballot measures with the SOS 10 days,
rather than 30 days, before the election.
9. Makes technical and
conforming changes.
Page 2, line
38, after "meet" insert "not later than"
Page 3, line
31, strike "ninety" insert "one hundred fifty"
Page 6, line
12, after "48" insert a period strike remainder of line
Strike line
13
Page 8,
between lines 30 and 31, insert:
"Sec. 7. 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; statement of interest
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 not less than one hundred twenty days nor
more than one hundred fifty 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 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 January 2 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 eighty nor more than ninety
one hundred 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. Not
later than the date of the first petition signature on a nomination petition, a
person who may be a candidate for office pursuant to this section shall file a
statement of interest with the appropriate filing officer for that office. The
statement of interest shall contain the name of the person, the political
party, if any, and the name of the office that may be sought. Any nomination
petition signatures collected before the date the statement of interest is
filed are invalid and subject to challenge. This subsection does not apply to:
1. Candidates
for elected office for special taxing districts that are established pursuant
to title 48, chapters 2, 3, 11, 12, 15, 17, 18, 19, 20, 22, 27
and 32.
2. Candidates
for precinct committeeman.
3. Candidates
for president or vice president of the United States.
J. 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 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 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.
K. 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
financial disclosure statement as prescribed for candidates for that office.
2. The
declaration of qualification and eligibility as prescribed in section 16-311.
L. 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 $1,000 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.
M. The
secretary of state may authorize for statewide and legislative offices the
creation, use and submission of petitions prescribed by this section in
electronic form if those petitions provide for an appropriate method to verify
signatures of petition circulators and signers. The secretary of state may
require use of a unique marking system for petition pages, including a bar
code, a quick response code or another similar marking system."END_STATUTE
Renumber to
conform
Page 9,
strike lines 15 through 45
Page 10,
strike lines 1 through 22
Renumber to
conform
Page 11,
line 14, after "precinct" insert ", voting center
or other voting location"
Page
15, line 4, after "petition" strike remainder of line
Strike line
5
Line 6,
strike "city or town"
Page 17,
line 13, strike "thirty" insert "ten"
Page 18,
after line 7, insert:
"Sec. 16. Section
41-1304, Arizona Revised Statutes, is amended to read:
START_STATUTE41-1304. Powers and duties
A. The
legislative council shall:
1. Provide
bill drafting, research and other services to the legislature deemed necessary
or advisable by the council to improve the quality of legislation and to ensure
full participation by the legislative branch in determining and reviewing
policy and the administration of state affairs.
2. Adopt
rules and formulate policies for the administration of this article and for the
conduct of the affairs of the council.
3. Appoint
clerical, technical and professional assistants deemed necessary or advisable
to carry out this article, fix their compensation and prescribe their powers
and duties.
4. Maintain
a legislative reference library.
5. Procure
information at the request of members of the legislature on any legislative
subject.
6. Prepare
or revise bills and other legislative measures for members or committees of the
legislature and, on request of a member of the legislature, for state officers
and agencies.
7. Prepare
and issue styles and forms for drafting bills, amendments and other legislative
measures for the use of the legislature, state officers and persons interested
in drafting amendments and bills or measures for introduction in the
legislature. The styles and forms for drafting amendments shall be
developed and adopted in consultation and cooperation with the senate and the
house of representatives.
8. Prepare
and file with the secretary of state, not later than sixty
ten days preceding the regular primary election, an
analysis of the provisions of each ballot proposal of a measure or proposed
amendment.
B. The
legislative council may purchase, lease and otherwise acquire land and
buildings and make improvements to land and buildings it acquires or uses for
the purpose of providing suitable facilities for the use of the legislative
department. The council may obtain operational and maintenance
assistance for any legislative facilities without charge from the department of
administration, may obtain security assistance from the department of public
safety, may employ personnel to discharge operational, maintenance and security
functions or may contract for outside services payable from council
appropriations.
C. The
legislative council shall pay legal fees incurred jointly by the house of
representatives and the senate on the authorization of the speaker of the house
of representatives and the president of the senate."END_STATUTE
Amend title to conform