Bill Text: AZ SB1263 | 2013 | Fifty-first Legislature 1st Regular | Engrossed
Bill Title: Paid circulators; statewide measures; recall
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2013-04-16 - House majority caucus: Do pass [SB1263 Detail]
Download: Arizona-2013-SB1263-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fifty-first Legislature First Regular Session 2013
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SENATE BILL 1263 |
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AN ACT
amending title 16, chapter 3, article 3, Arizona Revised Statutes, by adding section 16-321.01; amending section 19-112, Arizona Revised Statutes; AMENDING title 19, chapter 1, article 2, Arizona Revised Statutes, by adding section 19-112.01; amending section 19‑204, Arizona Revised Statutes; relating to paid petition circulators.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 16, chapter 3, article 3, Arizona Revised Statutes, is amended by adding section 16-321.01, to read:
16-321.01. Registration of statewide candidate paid circulators; violation; classification; penalty
A. Any person who intends to circulate a petition as a paid circulator for a candidate for statewide OFFICE shall register with the secretary of state as prescribed in the instructions and procedures manual adopted by the secretary of state before circulating a petition. In addition to the requirements adopted by the secretary of state, The registration affidavit for a paid circulator shall require the following:
1. The signature of the circulator, acknowledging compliance with this section, that the circulator is responsible for the accuracy of the information and that submitting false, erroneous or misleading information in a registration affidavit or background check may result in an administrative penalty of up to one thousand dollars or may result in a criminal violation, or both.
2. The individual, company, committee, organization or other entity that employs or contracts with or otherwise directly provides the payment to the circulator shall provide the circulator's signed, completed registration affidavit and background check to the secretary of state and shall provide proof That each paid circulator who is being submitted for registration has been trained on all of the laws, rules and procedures regarding the circulation of petitions, including any guidance provided by the secretary of state.
B. The secretary of state shall establish a database of paid circulators that shall be accessible to the public. On receipt of a complete and correct registration affidavit, the secretary of state may enter the circulator's information into the paid circulator database, and on entry into the database, the circulator may lawfully circulate a petition as otherwise provided by law. Any signatures collected by that paid circulator before entry in the paid circulator database are invalid and shall not be counted.
C. An individual paid circulator who knowingly provides false, erroneous or misleading information in a registration affidavit or background check pursuant to this section is guilty of a class 1 misdemeanor and is subject to an administrative penalty of up to one thousand dollars.
D. The individual, company, committee, organization or other entity that employs or contracts with or otherwise directly provides the payment to the circulator is guilty of a class 1 misdemeanor and is subject to an administrative penalty of up to five thousand dollars for each individual circulator in violation and for its own violation if it knowingly provides false, erroneous or misleading information about itself or the paid circulator in a registration affidavit or background check pursuant to this section.
Sec. 2. Section 19-112, Arizona Revised Statutes, is amended to read:
19-112. Signatures and verification; attachment; registration of circulators
A. Every qualified elector signing a petition shall do so in the presence of the person who is circulating the petition and who is to execute the affidavit of verification. At the time of signing, the qualified elector shall sign his first and last names in the spaces provided and the elector so signing shall print his first and last names and write, in the appropriate spaces following the signature, the signer's residence address, giving street and number, and if he has no street address, a description of his residence location. The elector so signing shall write, in the appropriate spaces following the elector's address, the date on which the elector signed the petition.
B. The signature sheets shall be attached at all times during circulation to a full and correct copy of the title and text of the measure or constitutional amendment proposed or referred by the petition. The title and text shall be in at least eight point type and shall include both the original and the amended text. The text shall indicate material deleted, if any, by printing the material with a line drawn through the center of the letters of the material and shall indicate material added or new material by printing the letters of the material in capital letters.
C. The person before whom the signatures, names and addresses were written on the signature sheet shall, on the affidavit form pursuant to this section, shall subscribe and swear before a notary public that each of the names on the sheet was signed and the name and address were printed by the elector and the circulator on the date indicated, and that in his belief each signer was a qualified elector of a certain county of the state, or, in the case of a city, town or county measure, of the city, town or county affected by the measure on the date indicated, and that at all times during circulation of the signature sheet a copy of the title and text was attached to the signature sheet. Circulators who are not residents of this state must be registered as circulators with the secretary of state before circulating petitions. The secretary of state shall provide for a method of receiving service of process for those petition circulators who register pursuant to this subsection. The secretary of state shall establish in the instructions and procedures manual issued pursuant to section 16‑452 a procedure for registering circulators and receiving service of process. All signatures of petitioners on a signature sheet shall be those of qualified electors who are registered to vote in the same county. However, if signatures from more than one county appear on the same signature sheet, only the valid signatures from the same county that are most numerous on the signature sheet shall be counted. Signature and handwriting comparisons may be made.
D. For a statewide ballot measure or question, or a statewide or legislative recall, all persons who are paid Circulators must be registered as circulators with the secretary of state as prescribed in section 19‑112.01 before circulating petitions. The secretary of state shall establish in the instructions and procedures manual issued pursuant to section 16‑452 a procedure for registering paid circulators and receiving service of process.
D. E. The affidavit shall be in the following form printed on the reverse side of each signature sheet:
Affidavit of Circulator
State of Arizona )
) ss.:
County of ___________)
(Where notarized)
I, (print name) , a person who is not required to be a resident of this state but who is otherwise qualified to register to vote in the county of _______, in the state of Arizona at all times during my circulation of this petition sheet, and under the penalty of a class 1 misdemeanor, depose and say that subject to section 19‑115, Arizona Revised Statutes, each individual printed the individual's own name and address and signed this sheet of the foregoing petition in my presence on the date indicated and I believe that each signer's name and residence address or post office address are correctly stated and that each signer is a qualified elector of the state of Arizona (or in the case of a city, town or county measure, of the city, town or county affected by the measure proposed to be initiated or referred to the people) and that at all times during circulation of this signature sheet a copy of the title and text was attached to the signature sheet.
(Signature of affiant) ____________________
(Residence address, street
and number of affiant, or
if no street address, a
description of residence
location)
_________________________________
Subscribed and sworn to before me on ____________________.
(date)
__________________________________
Notary Public
___________________________, Arizona.
My commission expires on _________________.
(date)
E. F. The eight point type required by subsection B of this section shall not apply to maps, charts or other graphics.
Sec. 3. Title 19, chapter 1, article 2, Arizona Revised Statutes, is amended by adding section 19-112.01, to read:
19-112.01. Registration of statewide paid circulators; bond; database; violation; classification; penalty
A. Any person who intends to circulate a petition as a paid circulator on a statewide ballot question or measure or a statewide or legislative recall shall register with the secretary of state as prescribed in the instructions and procedures manual adopted by the secretary of state before circulating a petition. In addition to the requirements adopted by the secretary of state, the registration affidavit for a paid circulator shall require the following:
1. The signature of the circulator, acknowledging compliance with this section, that the circulator is responsible for the accuracy of the information and that submitting false, erroneous or misleading information in a registration affidavit or background check may result in an administrative penalty of up to one thousand dollars or may result in a criminal violation, or both.
2. The individual, company, committee, organization or other entity that employs or contracts with or otherwise directly provides the payment to the circulator to provide the circulator's signed, completed registration affidavit, to provide proof of the circulator's background check to the secretary of state and to provide proof That each paid circulator who is being submitted for registration has been trained on all of the laws, rules and procedures regarding the circulation of petitions, including any guidance provided by the secretary of state.
B. The secretary of state shall establish a database of paid circulators that shall be accessible to the public. On receipt of a complete and correct registration affidavit, the secretary of state may enter the circulator's information, excluding the paid petition circulator's address, telephone number, electronic mail address and signature, into the paid circulator database, and on entry into the database, the circulator may lawfully circulate a petition as otherwise provided by law. Any signatures collected by that paid circulator before entry in the paid circulator database are invalid and shall not be counted.
C. An individual paid circulator who knowingly provides false, erroneous or misleading information in a registration affidavit or background check pursuant to this section is guilty of a class 1 misdemeanor and is subject to an administrative penalty of up to one thousand dollars.
D. The individual, company, committee, organization or other entity that employs or contracts with or otherwise directly provides the payment to the circulator is guilty of a class 1 misdemeanor and is subject to an administrative penalty of up to five thousand dollars for each individual circulator in violation and for its own violation if it knowingly provides false, erroneous or misleading information about itself or the paid circulator in a registration affidavit or background check pursuant to this section.
Sec. 4. Section 19-204, Arizona Revised Statutes, is amended to read:
19-204. Form of petition
A. The caption and body of a recall petition shall be substantially as follows:
Recall Petition
We, the qualified electors of the electoral district from which _________________________________________ (name and title of office) was elected, demand his recall
The grounds of this demand for recall are as follows:
(State in two hundred words or less the grounds of the demand)
B. The remaining portion of the petition shall be as prescribed for initiative and referendum except that a designation for paid or volunteer circulators is not required on the petition and signatures are valid without regard to whether they were collected by a paid or volunteer circulator.
