HCR2013 - 571R

Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:

1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to elections, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:

AN ACT

amending title 16, chapter 4, article 1, Arizona Revised Statutes, by adding sections 16-407.04 and 16-407.05; amending title 16, CHAPTER 4, article 2, Arizona Revised Statutes, by adding section 16-411.01; amending title 16, chapter 4, article 8, Arizona Revised Statutes, by adding section 16-544.01; amending title 16, chapter 6, article 1.2, Arizona Revised Statutes, by adding section 16-919; relating to elections.

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

Section 1. Title 16, chapter 4, article 1, Arizona Revised Statutes, is amended by adding sections 16-407.04 and 16-407.05, to read:

START_STATUTE16-407.04. Donations from a foreign source; election administration; certification; quarterly reports; records; violation; classification; definitions

a. a government entity in this state may not use monies or in-kind goods or services that are donated, directly or indirectly, by a foreign GOVERNMENT or any foreign nongovernmental source for election ADMINISTRATION.

b. A person or vendor that PROVIDES services to a government entity for election administration shall provide a certification to the secretary of state that includes a dated and sworn statement, under penalty of perjury, that the person is not knowingly the recipient, directly or indirectly, of donations from a foreign source. The person shall annually update the certification. If the person obtains information that was unknown at the time of the initial certification, the person shall update the initial certification within five business days to reflect the new information and shall include a new statement that the person is not knowingly the recipient, directly or indirectly, of donations from a foreign source. THIS subsection DOES NOT APPLY TO A PERSON OR ORGANIZATION WHEN PROVIDING common goods or A FACILITY THAT SERVES AS a VOTING LOCATION.

c. The secretary of state shall require government entities to provide to the secretary of state a quarterly report that lists any person or vendor that provides services to that government entity for election administration. The secretary of state shall notify the government ENTITY by email if the government ENTITY fails to file its quarterly report prescribed by this subsection and advise the government ENTITY THAT section 16-407.05 provides for possible enforcement actions.

d. The secretary of state shall maintain records of the certifications prescribed by this section and shall post these certifications on the secretary of state's website.

e. A person or vendor that fails to provide the certification PRESCRIBED by this subsection or that provides an inaccurate certification to the secretary of state invalidates any agreement with the government entity, and the state, county or local government entity is barred from entering into or continuing any agreement with that person.

f. A person or vendor that knowingly fails to provide an accurate initial or updated certification as prescribed by this section is guilty of a class 1 misdemeanor.

G. For the purposes of this section:

1. "Common goods" means items that are commonly used across a wide variety of organizations and that are not specific to the administration of elections.

2. Foreign government does not include federally recognized sovereign tribal nations.

3. "Foreign nongovernmental source":

(a) Means an individual who is not a United States citizen or national.

(b) Does not include federally recognized sovereign tribal nations.

4. "Person":

(a) Means an individual or a corporation or other entity as defined in section 16-901.

(b) dOES NOT INCLUDE POLL WORKERS. END_STATUTE

START_STATUTE16-407.05. Enforcement; attorney general; civil action for damages

A. The attorney general may file an action regarding a knowing violation of section 16-407.04, subsection F.

B. Any qualified elector may bring a civil action For damages pursuant to section 16-407.04 or 16-919:

1. Enjoining a violation of section 16-407.04.

2. Enforcing any provision of section 16-407.04.

C. If the claimant prevails in an action brought under subsection B of this section, the court shall award:

1. Injunctive relief sufficient to prevent the defendant from violating section 16-407.04 or engaging in acts that aid or abet violations of section 16-407.04.

2. damages in the amount of the contribution that should have been declared. This shall not be construed to allow multiple claimants to recover on the same claim.

3. Costs and attorney fees.

D. The remedies, duties, prohibitions and penalties prescribed by this section and section 16-407.04 are in addition to all other causes of action, remedies and penalties provided by law. The express provision of a civil right of action in this section is not intended to deny or disparage the availability of special action relief with respect to this or any other law. END_STATUTE

Sec. 2. Title 16, chapter 4, article 2, Arizona Revised Statutes, is amended by adding section 16-411.01, to read:

START_STATUTE16-411.01. Voting locations; public buildings

Notwithstanding section 16-411, subsection F, all buildings that are owned by a political subdivision of this state shall be made available for voting locations if requested by the officer in charge of elections.END_STATUTE

Sec. 3. Title 16, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 16-544.01, to read:

START_STATUTE16-544.01. Early mail voting; address verification; definition

A. IF EARLY MAIL VOTING IS AUTHORIZED BY LAW, A COUNTY WITH A POPULATION OF FIVE HUNDRED THOUSAND PERSONS OR MORE SHALL REQUIRE THE EARLY MAIL VOTER, THROUGH AN AFFIRMATIVE ACT ON THE PART OF THE EARLY MAIL VOTER, TO CONFIRM THE EARLY MAIL VOTER'S ADDRESS PURSUANT TO THIS SECTION EACH ELECTION CYCLE BEFORE RECEIVING AN EARLY BALLOT BY MAIL REGARDLESS OF WHETHER THE EARLY MAIL VOTER IS ON THE ACTIVE EARLY VOTING LIST. UNLESS MORE FREQUENTLY REQUIRED BY OTHER LAW, A COUNTY WITH A POPULATION OF FEWER THAN FIVE HUNDRED THOUSAND PERSONS SHALL REQUIRE AN EARLY MAIL VOTER, THROUGH AN AFFIRMATIVE ACT ON THE PART OF THE EARLY MAIL VOTER, TO CONFIRM THE EARLY MAIL VOTER'S ADDRESS PURSUANT TO THIS SECTION DURING THE FOUR-YEAR PERIOD THAT CONSTITUTES TWO CONSECUTIVE ELECTION CYCLES BEFORE RECEIVING AN EARLY BALLOT BY MAIL REGARDLESS OF WHETHER THE EARLY MAIL VOTER IS ON THE ACTIVE EARLY VOTING LIST.

B. IF EARLY MAIL VOTING IS AUTHORIZED BY LAW, THE COUNTY RECORDER SHALL ALLOW THE EARLY MAIL VOTER TO PERFORM AN AFFIRMATIVE ACT TO CONFIRM THE EARLY MAIL VOTER'S ADDRESS BY ANY ONE OR MORE OF THE FOLLOWING METHODS:

1. MAILING THE EARLY MAIL VOTER A NOTICE TO CONFIRM OR UPDATE THE EARLY MAIL VOTER'S ADDRESS.

2. CALLING THE EARLY MAIL VOTER OR NOTIFYING THE EARLY MAIL VOTER TO CALL THE COUNTY RECORDER TO CONFIRM OR UPDATE THE EARLY MAIL VOTER'S ADDRESS.

3. ALLOWING THE EARLY MAIL VOTER TO CONFIRM OR UPDATE THE EARLY MAIL VOTER'S ADDRESS BY WAY OF A COUNTY WEBSITE PORTAL. A COUNTY WEBSITE PORTAL FOR THIS PURPOSE SHALL PROMPT THE EARLY MAIL VOTER TO CONFIRM OR UPDATE THE EARLY MAIL VOTER'S ADDRESS EACH TIME THE EARLY MAIL VOTER LOGS IN IF THE ADDRESS HAS NOT YET BEEN CONFIRMED FOR THAT ELECTION CYCLE.

C. A NOTICE SENT TO A VOTER TO CONFIRM THE VOTER'S ADDRESS PURSUANT TO SUBSECTION B, paragraph 1 OF THIS SECTION SHALL BE IN THE FOLLOWING FORM AND INCLUDE CHECK BOXES:

[CHECK BOX] I AFFIRM THAT I HAVE NOT MOVED AND MY ADDRESS IS THE SAME AS THE ADDRESS INDICATED ON THE FRONT OF THE ENVELOPE.

[CHECK BOX] My address has changed and I would like to update my address:

D. Address confirmation received after the last day to request an early ballot will be processed for the next upcoming election for which the early mail voter is eligible in the current election cycle.

E. In the event of a conflict between the provisions of this section and other applicable law, this section shall control.

F. For the purposes of this section, the term "early mail voter" includes voters on the active early voting list and voters who request a one time ballot by mail.

Sec. 4. Title 16, chapter 6, article 1.2, Arizona Revised Statutes, is amended by adding section 16-919, to read:

START_STATUTE16-919. Foreign contributions prohibited; ballot measures; certification; definition

A. A FOREIGN GOVERNMENT SHALL NOT GIVE AND A PERSON, entity OR COMMITTEE SHALL NOT ACCEPT OR USE MONIES OR IN-KIND GOODS OR SERVICES that are CONTRIBUTED BY A FOREIGN GOVERNMENT or a foreign nongovernmental source TO INFLUENCE THE OUTCOME OF AN ELECTION ON a BALLOT MEASURE.

b. a person, entity or committee that is required to file campaign finance reports pursuant to section 16-926 shall certify under penalty of perjury in those reports that the person, entity or committee has not accepted or used monies or in-kind goods or services in violation of subsection a of this section.

C. FOR THE PURPOSES OF THIS SECTION:

1. FOREIGN GOVERNMENT DOES NOT INCLUDE FEDERALLY RECOGNIZED SOVEREIGN TRIBAL NATIONS.

2. "FOREIGN NONGOVERNMENTAL SOURCE":

(a) Means ANY INDIVIDUAL WHO IS NOT A UNITED STATES CITIZEN OR NATIONAL.

(b) Does not include federally recognized sovereign tribal nations. END_STATUTE

Sec. 5. Severability

If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

Sec. 6. Short title

This act may be cited as the "Arizona Free and Fair Elections Act".

2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.