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ARIZONA STATE SENATE

Fifty-Fifth Legislature, First Regular Session

 

FACT SHEET FOR H.B. 2364

 

election pamphlet submittals; identification required

Purpose

            Modifies requirements for the submission of arguments for or against a school district budget increase, political subdivision bond proposal or initiative and referendum that are included in an informational pamphlet or publicity pamphlet and provided to voters prior to the election.

Background

            A person may file an argument advocating for or opposing any ballot measure. Each argument filed with the Secretary of State (SOS) for a ballot measure must contain a sworn statement by: 1) the person sponsoring the argument; 2) two executive officers of an organization sponsoring the argument; or 3) the chairman or treasurer of a political committee filing the argument. Arguments submitted for or against a ballot measure must be included in the publicity pamphlet prepared by the SOS immediately below the measure or amendment to which the arguments refer (A.R.S. § 19-124). 

            If a proposed school district budget exceeds the aggregate budget limit for the year, the school district governing board must order an override election be held for the purpose of presenting the proposed budget to the qualified electors of the school district. The governing board must mail or distribute an informational pamphlet prepared by the county school superintendent to the households of qualified electors of the school district at least 35 days before the election. The informational pamphlet must contain certain information, including between 2 and 10 arguments of up to 200 words for and against the proposed increase in the budget. Arguments for and against a proposed school district budget increase must be provided in writing and signed by those in favor or against the proposal (A.R.S. § 15-481).  

            The aggregate indebtedness of a political subdivision may be increased above six percent of the net assessed value of the full cash value of the property if approved by voters at an election (A.R.S. §§ 35-451 and 35-452). Prior to a political subdivision bond election, the governing body or board of the political subdivision must mail a copy of an informational pamphlet to every household within the political subdivision that contains a registered voter. The informational pamphlet must include certain information, including arguments for and against the authorization of one or more of the bond propositions (A.R.S. § 35-454).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

Arguments Submitted For or Against a School District Budget Increase or Political Subdivision Bond Proposition

1.   Requires arguments for or against a proposal to increase a school district budget or for a political subdivision bond proposal that are submitted for inclusion in the informational pamphlet provided to voters to be provided with a sworn statement.

2.   Requires the sworn statement to be signed by:

a)   two executive officers for any organization that submits an argument; or

b)   the chairperson or treasurer of a political committee that submits an argument.

3.   Requires arguments for or against a proposal that are submitted by an individual and not on behalf of an organization, political committee or other group to be submitted with a sworn, notarized statement.

4.   Requires any person signing an argument to provide the person's residence address and telephone number and prohibits the person's residence address or telephone number from appearing in the informational pamphlet.

5.   Requires the city or town and the state of residence for any person submitting an argument to be included in the informational pamphlet.

6.   Prohibits an argument for or against a proposed school district increase that does not comply with statutory requirements relating to argument submission from being included in the informational pamphlet.

Arguments Submitted For or Against an Initiative or Referendum

7.   Requires the names of persons and entities submitting written arguments for or against an initiative or referendum measure to be included in the publicity pamphlet prepared by the SOS.

8.   Requires any person signing an argument for or against an initiative or referendum measure to provide the person's residence address and telephone number and prohibits the person's residence address or telephone number from appearing in the publicity pamphlet.

9.   Requires the city or town and the state of residence for any person submitting an argument for or against an initiative or referendum to be included in the publicity pamphlet.

10.  Prohibits an argument for or against an initiative or referendum measure that does not comply with statutory requirements relating to argument submission from being included in the publicity pamphlet.

Miscellaneous

11.  Makes technical and conforming changes.

12.  Becomes effective on the general effective date.

House Action

GE                   2/3/21       DP       13-0-0

3rd Read          3/24/21                 54-4-2

 

Prepared by Senate Research

March 4, 2021

MH/gs