HB4115 - 572R

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

Section 1. Section 19-102, Arizona Revised Statutes, is amended to read:

START_STATUTE19-102. Initiative petition; circulators

A. The form of petition for a law or amendment to the constitution of this state or county legislative measure, or city or town ordinance, or amendment to a city or town charter proposed by the initiative to be submitted directly to the electors, shall be substantially in the form prescribed in section 19-101, except that the title and body of such petition shall read:

Initiative description

(Insert a description of not more than two hundred words of the principal provisions of the proposed measure or constitutional amendment.)

Notice: This is only a description of the proposed measure (or constitutional amendment) prepared by the sponsor of the measure. It may not include every provision contained in the measure. Before signing, make sure the title and text of the measure are attached. You have the right to read or examine the title and text before signing.

Initiative Measure to be Submitted Directly to Electors

We, the undersigned, citizens and qualified electors of the state of Arizona, respectfully demand that the following proposed law (or amendment to the constitution, or other initiative measure), shall be submitted to the qualified electors of the state of Arizona (county, city or town of ____________) for their approval or rejection at the next regular general election (or county, city or town election) and each for himself says: (terminate form same as a referendum petition.)

B. Each petition sheet shall have printed on the top of each sheet the following:

"It is unlawful to sign this petition before it has a serial number."

C. Each petition sheet shall have printed in capital letters in not less than twelve point bold-faced type in the upper right-hand corner of the face of the petition sheet and below the statement prescribed in subsection B of this section the following:

"___________ paid circulator" " ______________ volunteer" .

D. A circulator of an initiative petition shall state whether the circulator is a paid circulator or volunteer by checking the appropriate line on the petition form before circulating the petition for signatures. On approaching a potential petition signer, a paid circulator shall verbally DISCLOSE the circulator's first name, the state in which the CIRCULATOR legally resides and that the CIRCULATOR is a paid circulator. A paid circulator also shall wear a badge that is clearly visible, that states that the circulator is a paid circulator and that bears the circulator's first name and last initial and the state in which the circulator legally resides.

E. Signatures obtained on initiative petitions in violation of subsection D of this section are void and shall not be counted in determining the legal sufficiency of the petition. The presence of signatures that are invalidated under this subsection on a petition does not invalidate other signatures on the petition that were obtained as prescribed by this section. END_STATUTE

Sec. 2. Section 19-102.01, Arizona Revised Statutes, is amended to read:

START_STATUTE19-102.01. Initiative petitions; standard of review

A. Constitutional and statutory requirements for statewide initiative measures must be strictly construed and persons using the initiative process must strictly comply with those constitutional and statutory requirements.

B. The secretary of state shall make available a sample initiative petition that strictly complies with the requirements of section 19-121. Any committee that uses the sample initiative petition provided by the secretary of state shall be presumed to have strictly complied with the requirements of section 19-121. END_STATUTE

Sec. 3. Section 19-118, Arizona Revised Statutes, is amended to read:

START_STATUTE19-118. Registered circulators; requirements; violation; classification; definition

A. For statewide initiative and referendum measures only, including measures governed by sections 19-141, 19-142 and 19-143, all circulators who are not residents of this state and all paid circulators must register as circulators with the secretary of state before circulating petitions pursuant to this title. The committee that is circulating the petition shall collect and submit the completed registration applications to the secretary of state. The secretary of state shall establish in the instructions and procedures manual issued pursuant to section 16-452 a procedure for registering circulators, including circulator registration applications, and shall publish on a website maintained by the secretary of state all information regarding circulators that is required pursuant to this section. The secretary of state or other filing officer, as applicable, shall disqualify all signatures collected by a circulator who fails to register pursuant to this subsection as provided for in section 19-121.01, subsection A.

B. The circulator registration application required by subsection A of this section shall require the following:

1. The circulator's full name, residence address, telephone number and email address.

2. The initiative or referendum petition on which the circulator will gather signatures.

3. A statement that the circulator consents to the jurisdiction of the courts of this state in resolving any disputes concerning the circulation of petitions by that circulator.

4. The address of the committee in this state for which the circulator is gathering signatures and at which the circulator will accept service of process related to disputes concerning circulation of that circulator's petitions. Service of process is effected under this section by delivering a copy of the subpoena to that person individually, by leaving a copy of the subpoena with a person of suitable age or by mailing a copy of the subpoena to the committee by certified mail to the address provided.

5. An affidavit from the registered circulator that is signed by the circulator before a notary public and that includes the following declaration:

I, (print name) , under penalty of a class 1 misdemeanor, acknowledge that I am eligible to register as a circulator in the state of Arizona, that all of the information provided is correct to the best of my knowledge and that I have read and understand Arizona election laws applicable to the collection of signatures for a statewide an initiative or referendum.

C. Within five business days after submission and review of a complete and correct circulator registration application that complies with this section, the secretary of state shall register and assign a circulator registration number to the circulator.

D. A person may not register as a circulator pursuant to this section if the person:

1. Has had a civil or criminal penalty imposed for a violation of title 16 or this title within the immediately preceding five years.

2. Has been convicted of treason or a felony and has not been restored to civil rights as described in section 16-101, subsection A, paragraph 5.

3. Has been convicted of any criminal offense involving fraud, forgery or identity theft.

E. If a registered circulator is properly served with a subpoena to provide evidence in an action regarding circulation of petitions and fails to appear or produce documents as provided for in the subpoena, all signatures collected by that circulator are deemed invalid. The party serving the subpoena may request an order from the court directing the secretary of state to remove any signatures collected by the circulator as provided for in section 19-121.01, subsection A.

F. Any person may challenge the lawful registration of circulators in the superior court of the county in which the circulator is registered. A challenge may not be commenced more than ten business days after the date that the secretary of state's office has received, processed and made available all final petition sheets individually numbered. The person challenging signatures may amend that complaint after the secretary of state has removed signatures and signature sheets as prescribed in section 19-121.01. An action pursuant to this section shall be advanced on the calendar and decided by the court as soon as possible. Either party may appeal to the supreme court within five calendar days after entry of judgment. The prevailing party in an action to challenge the registration of a circulator under this section is entitled to reasonable attorney fees.

G. The removal or disqualification of any one or more circulators does not invalidate the random sample of signatures made pursuant to section 19-121.01, and the secretary of state shall not be required to conduct any additional random sampling of signatures.

H. A person who knowingly omits or misrepresents information or provides false information on a circulator registration application or who registers in violation of this section is guilty of a class 1 misdemeanor.

I. For the purposes of this title, "paid circulator":

1. Means a natural person who receives monetary or other compensation for obtaining signatures on a statewide an initiative or referendum petition or for circulating statewide initiative or referendum petitions for signatures.

2. Does not include a paid employee of any political committee organized pursuant to title 16, chapter 6, unless that employee has or will obtain two hundred or more signatures on an initiative, referendum or recall petition in an election cycle. END_STATUTE

Sec. 4. Section 19-118.01, Arizona Revised Statutes, is amended to read:

START_STATUTE19-118.01. Signature collection; prohibited payments; violation; classification

A. A person shall not pay or receive money or any other thing of value based on the number of signatures collected on a statewide an initiative or referendum petition. Signatures that are obtained by a paid circulator who violates this section are void and shall not be counted in determining the legal sufficiency of the petition.

B. A violation of this section is a class 1 misdemeanor.END_STATUTE

Sec. 5. Section 19-141, Arizona Revised Statutes, is amended to read:

START_STATUTE19-141. Initiative and referendum in counties, cities and towns

A. This chapter applies to the legislation of cities, towns and counties, except as specifically provided to the contrary in this article. The duties required of the secretary of state as to state legislation shall be performed in connection with such legislation by the city or town clerk, county officer in charge of elections or person performing the duties as such of that office. The duties required of the governor shall be performed by the mayor or the chairman of the board of supervisors, the duties required of the attorney general shall be performed by the city, town or county attorney, and the printing and binding of measures and arguments shall be paid for by the city, town or county in like manner as payment is provided for by the state with respect to state legislation. The provisions of section 19-124 with respect to the legislative council analysis do not apply in connection with initiatives and referenda in cities, towns and counties. The printing shall be done in the same manner as other municipal or county printing is done.

B. Distribution of pamphlets shall be made to every household containing a registered voter in the city, town or county by the city or town clerk or by the county officer in charge of elections by mail before the earliest date for receipt by registered voters of any requested early ballot for the election at which the measures are to be voted on. If the pamphlet is not mailed before the earliest date for receipt of a requested early ballot, the officer in charge of elections shall provide a notice with the early ballots stating when the pamphlets will be mailed and where and when the pamphlets may be accessed or viewed. Any contract for pamphlet publication or mailing, or both, shall provide for the contractor to pay a penalty for each day of mailing that occurs on or after the earliest date for receipt of requested early ballots. The penalty shall be one cent $.01 for each household with a registered voter for each day of late mailing, and the monies shall be paid to the office of the officer in charge of elections. Pamphlets shall not be mailed or carried less than ten days before the election at which the measures are to be voted upon on.

C. Arguments supporting or opposing municipal or county initiative and referendum measures shall be filed with the city or town clerk or the county officer in charge of elections not less than ninety days before the election at which they are to be voted upon on.

D. The procedure with respect to municipal and county legislation shall be as nearly as practicable the same as the procedure relating to initiative and referendum provided for the state at large, except the procedure for verifying signatures on initiative or referendum petitions may be established by a city or town by charter or ordinance. Any MUNICIPAL or county initiative or referendum measure that proposes a mandatory expenditure, establishes a fund for any specific purpose or allocates funding for any specific purpose must provide a DISCLOSURE of the EXPENDITURE, fund or allocation and the source of increased revenues sufficient to cover the entire immediate and future costs of the proposal. This DISCLOSURE shall be provided in the initiative or referendum description prescribed by section 19-101 or 19-102.

E. References in this section to duties to be performed by city or town officers apply only with respect to municipal legislation, and references to duties to be performed by county officers apply only with respect to county legislation.

F. The duties required of the county recorder with respect to state legislation shall also be performed by the county recorder with respect to municipal or county legislation. END_STATUTE