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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
political signs; removal; elections
Purpose
Modifies the timeframes relating to the removal or tampering of political signs during an election.
Background
Within 45 days of a primary election and 15 days after a general election, it is a class 2 misdemeanor for a person to knowingly remove, alter, deface or cover any political sign or printed material of a candidate or in support of or opposition to any ballot measure, question or issue. If a candidate does not advance to the general election, the period ends 15 days after the primary election.
A city, town or county may not remove, alter, deface or cover a political sign that is lawfully placed within 71 days of a primary election and 15 days after a general election. Statute prescribes requirements relating to the lawful placement of political signs. A political sign is lawfully placed if the sign: 1) is placed in a public right-of-way that is owned or controlled by that jurisdiction; 2) supports or opposes a candidate for public office or ballot measure; 3) is not placed in a hazardous location to public safety, obstructs clear vision or interferes with the requirements of the Americans with Disabilities Act; 4) adheres to maximum area restrictions; and 5) contains the name and telephone number or website of the candidate or campaign committee contact person (A.R.S. § 16-1019).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Specifies that a person who knowingly tampers with a political sign or other political material is subject to a class 2 misdemeanor during the period 71 days, rather than 45 days, before any election and 15 days after any election, rather than only before and after a primary or general election.
2. Specifies that the time period during which a city, town or county may not tamper with a lawfully placed political sign commences 71 days before any election in Arizona, rather than only before a primary election.
4. Stipulates that if the sign is for a candidate in the primary election who advances to the general election, then the time periods relating to political sign tampering end 15 days after the general election.
5. Defines primary election and general election.
6. Makes conforming changes.
7. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Restores the 71-day period before an election during which a city, town or county is prohibited from tampering with a lawfully placed political sign.
2. Expands, from 45 days to 71 days, the time period before an election during which a person is subject to a class 2 misdemeanor for tampering with a political sign.
3. Specifies the time periods relating to political sign tampering apply a ballot measure, question or issue and only to the election at which the ballot measure, question or issue is scheduled to appear.
4. Defines terms.
Amendments Adopted by the House of Representatives
1. Removes the specification that the statutory time periods relating to political sign tampering applies to first or runoff elections or any election held in Arizona by a governmental entity.
2. Removes the definitions of political subdivision, runoff election and first election.
3. Makes conforming changes.
Senate Action House Action
ELEC 2/5/24 DPA 8-0-0 MOE 3/20/24 DPA 8-1-0-0
3rd Read 2/21/24 23-5-2 3rd Read 4/3/24 58-1-0-0-1
Prepared by Senate Research
April 4, 2024
AN/KS/cs