HB4035 - 572R

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

Section 1. Section 16-311, Arizona Revised Statutes, is amended to read:

START_STATUTE16-311. Nomination papers; statement of interest; filing; definitions

A. Any person desiring to become a candidate at a primary election for a political party and to have the person's name printed on the official ballot shall be a qualified elector of the party and, not less than one hundred twenty nor more than one hundred fifty days before the primary election, shall sign and cause to be filed a nomination paper giving the person's actual residence address or, if the person does not have an actual residence address, a description of place of residence and post office address, or, if the person's actual residence address is protected pursuant to section 16-153, a post office box or private mailbox address in the candidate's district or precinct, as applicable for a district or precinct office, naming the party of which the person desires to become a candidate, stating the office and district or precinct, if any, for which the person offers the person's candidacy, stating the exact manner in which the person desires to have the person's name printed on the official ballot pursuant to subsection G H of this section, and giving the date of the primary election and, if nominated, the date of the general election at which the person desires to become a candidate. Except for a candidate for United States senator or representative in Congress, a candidate for public office shall be a qualified elector at the time of filing and shall reside in the county, district or precinct that the person proposes to represent. A candidate for partisan public office shall be continuously registered with the political party of which the person desires to be a candidate beginning no not later than the date of the first petition signature on the candidate's petition through the date of the general election at which the person is a candidate.

B. Any person desiring to become a candidate at any nonpartisan election and to have the person's name printed on the official ballot shall be at the time of filing a qualified elector of the county, city, town or district and, not less than one hundred twenty nor more than one hundred fifty days before the election, shall sign and cause to be filed a nomination paper giving the person's actual residence address or, if the person does not have an actual residence address, a description of place of residence and post office address, or, if the person's actual residence address is protected pursuant to section 16-153, a post office box or private mailbox address in the candidate's county, city, town or district and ward or precinct, as applicable for a county, city, town or district and ward or precinct office, stating the office and county, city, town or district and ward or precinct, if any, for which the person offers the person's candidacy, stating the exact manner in which the person desires to have the person's name printed on the official ballot pursuant to subsection G H of this section and giving the date of the election. A candidate for office shall reside at the time of filing in the county, city, town, district, ward or precinct that the person proposes to represent.

C. Notwithstanding subsection B of this section, any city or town may adopt by ordinance for its elections the time frame provided in subsection A of this section for filing nomination petitions. The ordinance shall be adopted not less than one hundred fifty days before the first election to which it applies.

D. All persons desiring to become a candidate shall file with the nomination paper provided for in subsection A of this section a declaration, which shall be printed in a form prescribed by the secretary of state. The declaration shall include facts sufficient to show that, other than the residency requirement provided in subsection A of this section and the satisfaction of any monetary penalties, fines or judgments as prescribed in subsection J K of this section, the candidate will be qualified at the time of election to hold the office the person seeks, and that for any monetary penalties, fines or judgments as prescribed in subsection J K of this section, the candidate has made complete payment before the time of filing.

E. The nomination paper of a candidate for the office of United States senator or representative in Congress, for the office of presidential elector or for a state office, including a member of the legislature, or for any other office for which the electors of the entire state or a subdivision of the state greater than a county are entitled to vote, shall be filed with the secretary of state no not later than 5:00 p.m. on the last date for filing.

F. The nomination paper of a candidate for superior court judge or for a county, district and precinct office for which the electors of a county or a subdivision of a county other than an incorporated city or town are entitled to vote shall be filed with the county elections officer no not later than 5:00 p.m. on the last date for filing as prescribed by subsection A of this section. The nomination paper of a candidate for a city or town office shall be filed with the city or town clerk no not later than 5:00 p.m. on the last date for filing. The nomination paper of a candidate for school district office shall be filed with the county school superintendent no not later than 5:00 p.m. on the last date for filing.

G. ON THE FILING OF THE DECLARATION PRESCRIBED BY SUBSECTION D OF THIS SECTION AND THE STATEMENT OF INTEREST PRESCRIBED BY SUBSECTION I OF THIS SECTION BY A CANDIDATE FOR SUPERIOR COURT JUDGE WHO IS AN INCUMBENT AND WHO HAS PROVIDED A RESIDENCE ADDRESS wITHIN THE COUNTY, THE FOLLOWING APPLY:

1. THE FILING OFFICER SHALL SEAL THE STATEMENT OF INTEREST FROM PUBLIC DISCLOSURE AND THE INCUMBENT CANDIDATE IS PRESUMED TO BE A RESIDENT OF THE COUNTY.

2. IN ANY CHALLENGE TO THE QUALIFICATIONS OF THE INCUMBENT PURSUANT TO SECTION 16-351, THE CHALLENGER SHALL DEMONSTRATE GOOD CAUSE TO BELIEVE THAT THE INCUMBENT IS NOT A RESIDENT OF THE COUNTY BEFORE THE FILING OFFICER MAY DISCLOSE THE STATEMENT OF INTEREST.

G. H. The nomination paper shall include the exact manner in which the candidate desires to have the person's name printed on the official ballot and shall be limited to the candidate's surname and given name or names, an abbreviated version of such names or appropriate initials such as "Bob" for "Robert", "Jim" for "James", "Wm." for "William" or "S." for "Samuel". Nicknames are permissible, but nicknames, abbreviated versions or initials of given names may not suggest reference to professional, fraternal, religious or military titles and may not include a slogan, a promotional word or phrase or any word that does not actually constitute a nickname. No other descriptive name or names shall be printed on the official ballot, except as provided in this section. Candidates' abbreviated names or nicknames may be printed within quotation marks. The candidate's surname shall be printed first, followed by the given name or names.

H. 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.

2. Candidates for precinct committeeman.

3. Candidates for president or vice president of the United States.

I. J. A person who does not file a timely nomination paper that complies with this section is not eligible to have the person'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 person 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 subsection D of this section.

J. K. 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.

L. For the purposes of subsection G of this section, "iNCUMBENT" MEANS A JUDGE OF THE SUPERIOR COURT WHO HAS PREVIOUSLY BEEN ELECTED TO THAT OFFICE AS PRESCRIBED BY THIS CHAPTER, who HAS HELD THAT OFFICE CONTINUOUSLY SINCE ELECTION AND who IS SEEKING REELECTION TO THAT SAME OFFICE.

K. M. For the purposes of this title:

1. "Election district" means this state, any county, city, town, precinct or other political subdivision or a special district that is not a political subdivision, that is authorized by statute to conduct an election and that is authorized or required to conduct its election in accordance with this title.

2. "Nomination paper" means the form filed with the appropriate office by a person wishing to declare the person's intent to become a candidate for a particular political office. END_STATUTE

Sec. 2. Section 16-314, Arizona Revised Statutes, is amended to read:

START_STATUTE16-314. Filing and form of nomination petitions; definition

A. Any person desiring who desires to become a candidate at any election and to have the person's name printed on the official ballot shall file, not less than one hundred twenty nor more than one hundred fifty days before the primary election and with the same officer as provided by section 16-311, a nomination petition in addition to the nomination paper required.

C. B. Nomination petitions shall be captioned "partisan nomination petition" or "nonpartisan nomination petition", followed by the language of the petition in substantially the following form, except that if the candidate does not have an actual residence address, the candidate may use a description of place of residence and post office address, or, if the candidate's actual residence address is protected pursuant to section 16-153, a post office box or private mailbox address in the candidate's political division or district from which the nomination is sought is sufficient:

Partisan Nomination Petition

I, the undersigned, a qualified elector of the county of ______________, state of Arizona, and of (here name political division or district from which the nomination is sought) and a member of the _______________ party or a person who is registered as no party preference or independent as the party preference or who is registered with a political party that is not qualified for representation on the ballot, hereby nominate ___________ who resides at _____________ in the county of ____________ for the party nomination for the office of _______________ to be voted at the primary election to be held _______________ as representing the principles of such party, and I hereby declare that I am qualified to vote for this office and that I have not signed, and will not sign, any nomination petition for more persons than the number of candidates necessary to fill such office at the next ensuing election. I further declare that if I choose to use a post office box address on this petition, my residence address has not changed since I last reported it to the county recorder for purposes of updating my voter registration file.

Nonpartisan Nomination Petition

I, the undersigned, a qualified elector of the county of _______________, state of Arizona, and of (here name political division or district from which the nomination is sought) hereby nominate _______________ who resides at _______________ in the county of _______________ for the office of ______________ to be voted at the _______________ election to be held _______________, and hereby declare that I am qualified to vote for this office and that I have not signed and will not sign any nomination petitions for more persons than the number of candidates necessary to fill such office at the next ensuing election. I further declare that if I choose to use a post office box address on this petition, my residence address has not changed since I last reported it to the county recorder for purposes of updating my voter registration file.

D. C. The nomination petition of a person seeking to fill an unexpired vacant term for any public office shall designate the expiration date of the term following the name of the office being sought.

D. A CANDIDATE FOR SUPERIOR COURT JUDGE WHO IS AN INCUMBENT MAY USE THE CANDIDATE'S DUTY POST ADDRESS IN PLACE OF THE CANDIDATE'S RESIDENCE ADDRESS ON THE NOMINATION PETITION AND SHALL INFORM EACH QUALIFIED ELECTOR WHO SIGNS THE PETITION THAT THE CANDIDATE HAS LISTED A DUTY POST ADDRESS IN PLACE OF THE CANDIDATE'S RESIDENCE ADDRESS. FOR the PURPOSES OF THIS subSECTION, "INCUMBENT" MEANS A JUDGE OF THE SUPERIOR COURT WHO HAS PREVIOUSLY BEEN ELECTED TO THAT OFFICE AS PRESCRIBED BY THIS CHAPTER, who HAS HELD THAT OFFICE CONTINUOUSLY SINCE ELECTION AND who IS SEEKING REELECTION TO THAT SAME OFFICE.

B. E. For the purposes of this title, "nomination petition" means the form or forms used for obtaining the required number of signatures of qualified electors, which is circulated by or on behalf of the person wishing to become a candidate for a political office.END_STATUTE

Sec. 3. Section 16-333, Arizona Revised Statutes, is amended to read:

START_STATUTE16-333. Preparation and filing of nominating petition for certain judicial offices; exception; definition

A. Any nominating petition for a candidate for judge of the superior court, judge of the court of appeals or justice of the supreme court to be voted on at any election shall be prepared and filed in accordance with the provisions of this chapter. Any petition filed by a candidate for any such court which that does not comply with the provisions of this chapter shall have no force or effect at any such election.

B. THIS SECTION AND SECTION 16-314 DO NOT APPLY TO A CANDIDATE FOR JUDGE OF THE SUPERIOR COURT IF THE CANDIDATE FOR JUDGE OF THE SUPERIOR COURT MEETS ALL OF THE FOLLOWING CRITERIA:

1. THE CANDIDATE IS THE INCUMBENT.

2. THE CANDIDATE HAS COMPLIED WITH SUBSECTION A OF THIS SECTION IN A PREVIOUS ELECTION.

3. THE CANDIDATE HAS BEEN PREVIOUSLY ELECTED TO THAT OFFICE UNDER THE PROVISIONS OF THIS CHAPTER.

4. NO OTHER CANDIDATE FOR JUDGE OF THE SUPERIOR COURT HAS FILED A STATEMENT OF INTEREST PURSUANT TO SECTION 16-311 AT LEAST ONE HUNDRED AND FIFTY DAYS PRIOR TO THE FIRST DATE AT WHICH THE NOMINATING PETITIONS MAY BE FILED UNDER SECTION 16-314.

C. FOR the PURPOSES OF THIS SECTION, "INCUMBENT" MEANS A JUDGE OF THE SUPERIOR COURT WHO HAS PREVIOUSLY BEEN ELECTED TO THAT OFFICE AS PRESCRIBED BY THIS CHAPTER, HAS HELD THAT OFFICE CONTINUOUSLY SINCE ELECTION AND IS SEEKING REELECTION TO THAT SAME OFFICE. END_STATUTE

Sec. 4. Section 16-344, Arizona Revised Statutes, is amended to read:

START_STATUTE16-344. Office of presidential elector; appointment by state committee chairman

A. The chairman of the state committee of a political party that is qualified for representation on an official party ballot at the primary election and accorded a column on the general election ballot shall appoint candidates for the office of presidential elector equal to the number of United States senators and representatives in Congress from this state and shall file for each candidate with the secretary of state, not more than ten days after the primary election, by 5:00 p.m. on the last day for filing:

1. A nomination paper giving the candidate's actual residence address or, if the person does not have an actual residence address, a description of place of residence and post office address, or, if the person's actual residence address is protected pursuant to section 16-153, a post office box or private mailbox address, naming the party of which the candidate desires to become a candidate, stating his candidacy for the office of presidential elector, stating the exact manner in which the candidate desires to have his name printed on the official ballot pursuant to section 16-311, subsection G H, and stating the date of the general election at which he desires to become a candidate.

2. An affidavit including facts sufficient to show that the candidate resides in this state and will be qualified at the time of the election to hold the office of presidential elector.

B. The nomination paper and affidavit of qualification pursuant to subsection A of this section shall be printed in a form prescribed by the secretary of state. END_STATUTE