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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: FMAE DP 4-3-0-0 |
HB 2009: constitutional amendments; foreign contributions prohibited
Sponsor: Representative Kupper, LD 25
Caucus & COW
Overview
Prohibits foreign national contributions to committees primarily organized to influence Arizona constitutional amendments and requires verification of contributor eligibility.
History
Political committees that support or oppose ballot propositions are subject to registration, contribution reporting and campaign finance disclosure requirements, including prescribed reporting schedules, contributor disclosures and specified disclaimers on certain campaign materials. (A.R.S. Title 16, Chapter 6)
Foreign nationals are prohibited from directly or indirectly making contributions or expenditures in connection with any federal, state or local election, including ballot measures, and are subject to enforcement actions and civil penalties for violations. (52 U.S.C. § 30121)
Provisions
1. Prohibits a committee organized primarily to influence the outcome of a ballot proposition proposing an amendment to the Arizona Constitution from accepting or using any contribution from a foreign national. (Sec. 1)
2. Exempts from the prohibition:
a. contributions from federally registered political committees that comply with federal law and do not originate from a foreign national;
b. independent expenditures made without coordination with a committee; and
c. in-kind volunteer services with no monetary value provided by a non-foreign. (Sec.1)
3. Requires a committee to verify, through reasonable means, that a contributor is not a foreign national, including obtaining a sworn certification and ownership or control information for entity contributors. (Sec. 1)
4. Instructs a committee to return or refund a prohibited contribution within 10 business days after discovery. (Sec. 1)
5. Requires a committee to file campaign finance reports with the Secretary of State that disclose:
a. the aggregate amount and percentage of contributions received from residents and in-state entities and the aggregate amount and percentage of contributions received from nonresidents;
b. the name, address and state of residence or principal place of business for any nonresident or out-of-state contribution of $5,000 or more; and
c. any other reporting information required under campaign finance law. (Sec. 1)
6. Directs a committee that receives more than 20% of its total funding from nonresidents or out-of-state entities to include a prominent disclaimer in all campaign materials stating the percentage of out-of-state funding. (Sec. 1)
7. Classifies a knowing violation as a class 1 misdemeanor. (Sec. 1)
8. Authorizes the Attorney General or a county attorney to enforce the prohibition and impose civil penalties of up to three times the amount of a prohibited contribution. (Sec. 1)
9. Defines ballot proposition, committee, foreign national, nonresident and resident. (Sec. 1)
10. Contains a severability clause. (Sec. 2)
11. Cites this legislation as the Arizona First Funding Act. (Sec. 3)
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HB 2009
Initials GK Page 0 Caucus & COW
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