Assigned to ELEC                                                                                                         AS PASSED BY HOUSE

 


 

 

 


ARIZONA STATE SENATE

Fifty-Sixth Legislature, Second Regular Session

 

AMENDED

FACT SHEET FOR S.B. 1285

 

local candidates; petitions; electronic signatures

Purpose

An emergency measure that specifies that petition signatures collected through an electronic petition with the August 6, 2024, primary date that comply with the statutory requirements are valid. Allows, beginning January 1, 2025, a candidate to collect up to 110 percent of the minimum number of required nomination petition signatures by using the online signature collection system.

Background

Statute outlines requirements relating to the nomination of candidates on the official ballot of a general or special election. A person who wishes to become a candidate at a primary election for a political party or a candidate at any nonpartisan election must file a nomination paper that includes a minimum number of required nomination petition signatures. Statute prescribes the minimum number of signatures that a nomination petition must include as follows: 1) at least one percent of the qualified signers in the county or district, for a county office or superior court judge; 2) at least two percent or 10 qualified signatures of the same party in the precinct, for a county precinct committee; and 3) at least five percent of the qualified signers in the city or town, for a city or town office. The Secretary of State must provide a system for the qualified signers to sign the nomination petition for candidates for a city or town office, county office and the office of the precinct committeeman through a secure internet portal. The online signature collection system must allow only the qualified electors who are eligible to sign a petition for a particular candidate to sign the petition and provide a method to verify the elector's identity. A candidate may collect up to the minimum number of required nomination petition signatures through the online signature collection system (A.R.S. Title 16, Chapter 3).

Laws 2024, Chapter 1 modifies the elections timeline by moving the 2024 primary election date from August 6, 2024, to July 30, 2024, and reducing the signature cure period through the 2026 election cycle from five business days to five calendar days. The county recorder's and city or town clerk's office must be open to allow for curing signatures during regular business hours during the Friday and weekend before and after a primary, general or special election that includes a federal office

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

Provisions

1.   Increases, beginning January 1, 2025, the number of nomination petition signatures that a candidate for city, town, county or precinct committeeman office may collect using the online signature collection system from 100 percent to 110 percent of the minimum number of required nomination petition signatures.

2.   Requires any election item that was duly called by a city, town or county for the August 6, 2024, primary election to be placed on the ballot for the newly designated primary election date of July 30, 2024.

3.   Prohibits a filing officer from rejecting signatures or petitions based solely on the date of the primary election that is on a petition form.

4.   Specifies that a person does not have to file a new or amended statement of interest based solely on the change to the 2024 primary election date.

5.   Specifies that signatures collected through an electronic petition with the August 6, 2024, primary date and that otherwise comply with the requirements provided by law are valid signatures.

6.   Requires the voter of a conditional provisional ballot to provide proof of identification to the county recorder or other officer in charge of elections by:

a) the fifth business day after a primary, general or special election that includes a federal office; or

b) the third business day after any other election.

7.   Specifies that the city or town clerks' offices that must be open during the prescribed timeframes are upon an agreement with a county to be used as a location at which a voter may submit proof of identification.

8.   Specifies that the regular business hours for city, town and county offices must be at least 8:00 a.m. to 5:00 p.m.

9.   Makes technical and conforming changes.

10.  Becomes effective on the signature of the Governor, if the emergency clause is enacted.

Amendments Adopted by the House of Representatives

1.   Requires any election item that was duly called by a city, town or county for the August 6, 2024, primary election to be placed on the ballot for the newly designated primary election date.

2.   Prohibits the filing officer from rejecting signatures or petitions based solely on the date of the primary election that is on a petition form.

3.   Specifies that signatures collected through an electronic petition with the August 6, 2024, primary date and that otherwise comply with the requirements provided by law are valid signatures.

4.   Requires the voter of a conditional provisional ballot to provide proof of identification to the county recorder or other officer in charge of elections by:

a)   the fifth business day after a primary, general or special election that includes a federal office; or

b)   the third business day after any other election.

5.   Adds an emergency clause.

6.   Specifies that the city or town clerks' offices that must be open during the prescribed timeframes are upon agreement of a county to be used as a location at which a voter may submit proof of identification.

7. Delays, until January 1, 2025, the ability of candidates for local office to collect up to 110 percent of the total number of required nomination petitions signature by using the online signature collection system.

8.   Makes conforming changes.

Senate Action                                                           House Action

ELEC              2/5/24        DP                7-0-1         MOE               3/4/24        DPA       9-0-0-0

3rd Read           2/21/24                           29-0-1        3rd Read           3/4/24                       60-0-0

Prepared by Senate Research

March 5, 2024

AN/HS/cs