Bill Text: AZ HB2043 | 2019 | Fifty-fourth Legislature 1st Regular | Introduced
Bill Title: Municipal judges; terms; retention election
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-06 - House RULES Committee action: constitutional and in proper form, voting: (4-3-0-1-0-0) [HB2043 Detail]
Download: Arizona-2019-HB2043-Introduced.html
PREFILED JAN 09 2019
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REFERENCE TITLE: municipal judges; terms; retention election |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2043 |
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Introduced by Representative Kavanagh
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AN ACT
amending sections 16‑502, 16‑901, 16‑928 and 22‑403, Arizona Revised Statutes; relating to municipal court judges.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-502, Arizona Revised Statutes, is amended to read:
16-502. Form and contents of ballot
A. Ballots shall be printed with black ink on white paper of sufficient thickness to prevent the printing thereon from being discernible from the back, and the same type shall be used for the names of all candidates. The ballots shall be headed "official ballot" in bold‑faced plain letters, with a heavy rule above and below the heading. Immediately below shall be placed the words "type of election, (date of election)" and the name of the county and state in which the election is held. The name or number of the precinct in which the election is held shall be placed on the ballot in a uniform location for all ballots. No other matter shall be placed or printed at the head of any ballot. Instructions to the voter on marking the ballot may be printed below the heading as follows:
1. Put a mark according to the instructions next to the name of each candidate for each office for whom you wish to vote.
2. If you wish to vote for a person whose name is not printed on the ballot, write such name in the blank space provided on the ballot and put a mark according to the instructions next to the name so written.
3. Put a mark according to the instructions next to the word "yes" or "for" for each proposition or question you wish to be adopted. Put a mark according to the instructions next to the word "no" or "against" for each proposition or question you wish not to be adopted.
B. Immediately below the ballot instructions shall be placed the following:
Section One
Partisan Ballot
C. Immediately below the heading for section one there shall be placed in columns the names of the candidates of the several political parties. Next to each candidate's name there shall be printed in bold‑faced letters the name of the political party. At the head of each column shall be printed the names of the offices to be filled with the name of each office being of uniform type size. At the head of each column shall be printed in the following order the names of candidates for:
1. Presidential electors, which shall be in a list and next to the list shall be printed in bold type the surname of the presidential candidate, and the surname of the vice presidential candidate who is seeking election jointly with the presidential candidate shall be listed directly below the name of the presidential candidate. The indicator for the selection of the presidential and vice presidential candidates shall be directly next to the surname of the presidential candidate, and one mark directly next to a presidential candidate's surname shall be counted as a vote for each elector in the list next to the presidential and vice presidential candidates.
2. United States senator.
3. Representatives in Congress.
4. The several state offices.
5. The several county and precinct offices.
D. The names of candidates for the offices of state senator and state representative along with the district number shall be placed within the heading of each column to the right of the office name for state offices and immediately below the candidates for the office of governor. The number of the supervisorial district of which a candidate is a nominee shall be printed within the heading of each column to the right of the name of the office.
E. The lists of the candidates of the several parties shall be arranged with the names of the parties in descending order according to the votes cast for governor for that county in the most recent general election for the office of governor, commencing with the left‑hand column. In the case of political parties that did not have candidates on the ballot in the last general election, such parties shall be listed in alphabetical order below the parties that did have candidates on the ballot in the last general election. The names of all candidates nominated under section 16‑341 shall be placed in a single column below that of the recognized parties. Next to the name of each candidate, in parentheses, shall be printed a three‑letter abbreviation that is taken from the three words prescribed in the candidate's certificate of nomination.
F. Immediately below the designation of the office to be voted for shall appear the words: "Vote for not more than _________" (insert the number to be elected).
G. In each column at the right or left of the name of each candidate and on the same line there shall be a place for the voter to put a mark. Below the name of the last named candidate for each office there shall be as many blank lines as there are offices of the same title to be filled, with a place for the voter to put a mark. On the blank line the voter may write the name of any person for whom the voter desires to vote whose name is not printed, and next to the name so written the voter shall designate his choice by a mark as in the case of printed names.
H. When there are two or more candidates of the same political party for the same office, or more than one candidate for a judicial office, the names of all such candidates shall be so alternated on the ballots used in each election district that the name of each candidate shall appear substantially an equal number of times in each possible location. If there are fewer or the same number of candidates seeking office than the number to be elected, the rotation of names is not required and the names shall be placed in alphabetical order.
I. Immediately below section one of the ballot shall be placed the following:
Section Two
Nonpartisan Ballot
J. Immediately below the heading for section two shall be placed the names of the candidates for justices of the supreme court, judges of the court of appeals, judges of the superior court standing for retention or rejection pursuant to article VI, section 38, Constitution of Arizona, judges of the superior court standing for election pursuant to article VI, section 12, Constitution of Arizona, municipal court judges standing for retention or rejection, school district officials and other nonpartisan officials in a column or in columns without partisan or other designation except the title of office in an order determined by the officer in charge of the election.
K. Immediately below the offices listed in subsection J of this section, the ballot shall contain a separate heading of any nonpartisan office for a vacant unexpired term and shall include the expiration date of the term of the vacated office.
L. All proposed constitutional amendments and other propositions or questions to be submitted to the voters shall be printed immediately below the names of candidates for nonpartisan positions in such order as the secretary of state, or if a city or town election, the city or town clerk, designates. Placement of county and local charter amendments, propositions or questions shall be determined by the officer in charge of the election. Except as provided by section 19‑125, each proposition or question shall be followed by the words "yes" and "no" or "for ______" and "against ______" as the nature of the proposition or question requires, and at the right or left of and next to each of such words shall be a place for the voter to put a mark according to the instructions that is similar in size to those places appearing opposite the names of the candidates, in which the voter may indicate his vote for or against such proposition or question by a mark as defined in section 16‑400.
M. Instead of printing the official and descriptive titles or the full text of each measure or question on the official ballot, the officer in charge of elections may print phrases on the official ballot that contain all of the following:
1. The number of the measure in reverse type and at least twelve point type.
2. The designation of the measure as prescribed by section 19‑125, subsection C or as a question, proposition or charter amendment, followed by the words "relating to..." and inserting the subject.
3. Either the statement prescribed by section 19‑125, subsection D that describes the effects of a "yes" vote and a "no" vote or, for other measures, the text of the question or proposition.
4. The words "yes" and "no" or "for" and "against", as may be appropriate and a place for the voter to put a mark.
N. For any ballot printed pursuant to subsection M of this section, the instructions on the official ballot shall direct the voter to the full text of the official and descriptive titles and the questions and propositions as printed on the sample ballot and posted in the polling place.
Sec. 2. Section 16-901, Arizona Revised Statutes, is amended to read:
16-901. Definitions
In this chapter, unless the context otherwise requires:
1. "Advertisement" means information or materials, other than nonpaid social media messages, that are mailed, e‑mailed, posted, distributed, published, displayed, delivered, broadcasted or placed in a communication medium and that are for the purpose of influencing an election.
2. "Affiliate" means any organization that controls, is controlled by or is under common control with a corporation, limited liability company or labor organization.
3. "Agent" means any person who has actual authority, either express or implied, to represent or make decisions on behalf of another person.
4. "Ballot measure expenditure" means an expenditure made by a person that expressly advocates the support or opposition of a clearly identified ballot measure.
5. "Best effort" means that a committee treasurer or treasurer's agent makes at least one written effort, including an attempt by e-mail, text message, private message through social media or other similar communication, or at least one oral effort that is documented in writing to identify the contributor of an incomplete contribution.
6. "Calendar quarter" means a period of three consecutive calendar months ending on March 31, June 30, September 30 or December 31.
7. "Candidate" means an individual who receives contributions or makes expenditures or who gives consent to another person to receive contributions or make expenditures on behalf of that individual in connection with the candidate's nomination, election or retention for any public office.
8. "Candidate committee" includes the candidate.
9. "Clearly identified candidate" means that the name or a description, image, photograph or drawing of the candidate appears or the identity of the candidate is otherwise apparent by unambiguous reference.
10. "Committee" means a candidate committee, a political action committee or a political party.
11. "Contribution" means any money, advance, deposit or other thing of value that is made to a person for the purpose of influencing an election. Contribution includes:
(a) A contribution that is made to retire campaign debt from a previous election cycle.
(b) Money or the fair market value of anything that is directly or indirectly provided to an elected official for the specific purpose of defraying the expense of communications with constituents.
(c) The full purchase price of any item from a committee.
(d) A loan that is made to a committee for the purpose of influencing an election, to the extent the loan remains outstanding.
12. "Control" means to possess, directly or indirectly, the power to direct or to cause the direction of the management or policies of another organization, whether through voting power, ownership, contract or otherwise.
13. "Coordinate", "coordinated" or "coordination" means the coordination of an expenditure as prescribed by section 16‑922.
14. "Coordinated party expenditures" means expenditures that are made by a political party to directly pay for goods or services on behalf of its nominee.
15. "District office" means an elected office established or organized pursuant to title 15 or 48.
16. "Earmarked" means a designation, instruction or encumbrance between the transferor of a contribution and a transferee that requires the transferee to make a contribution to a clearly identified candidate.
17. "Election" means any election for any ballot measure in this state or any candidate election during a primary, general, recall, special or runoff election for any office in this state other than a federal office and a political party office prescribed by chapter 5, article 2 of this title.
18. "Election cycle" means the two‑year period beginning on January 1 in the year after a statewide general election and ending on December 31 in the year of a statewide general election or, for cities and towns, the two‑year period beginning on the first day of the calendar quarter after the calendar quarter in which the city's or town's second, runoff or general election is scheduled and ending on the last day of the calendar quarter in which the city's or town's immediately following second, runoff or general election is scheduled, however that election is designated by the city or town. For the purposes of a:
(a) Recall election, "election cycle" means the period between issuance of a recall petition serial number and the latest of the following:
(i) The date of the recall election that is called pursuant to section 19‑209.
(ii) The date that a resignation is accepted pursuant to section 19‑208.
(iii) The date that the receiving officer provides notice pursuant to section 19‑208.01 that the number of signatures is insufficient.
(b) Special election, "election cycle" means the period between the date of issuance of a proclamation or order calling the special election and the last day of the calendar quarter in which the special election is held.
19. "Employee" means an individual who is entitled to compensation for labor or services performed for the individual's employer.
20. "Employer" means any person that pays compensation to and directs the labor or services of any individual in the course of employment.
21. "Enforcement officer" means the attorney general or the county, city or town attorney with authority to collect fines or issue penalties with respect to a given election pursuant to section 16‑938.
22. "Entity" means a corporation, limited liability company, labor organization, partnership, trust, association, organization, joint venture, cooperative, unincorporated organization or association or other organized group that consists of more than one individual.
23. "Excess contribution" means a contribution that exceeds the applicable contribution limits for a particular election.
24. "Exclusive insurance contract" means an insurance producer's contract with an insurer that does either of the following:
(a) Prohibits the producer from soliciting insurance business for any other insurer.
(b) Requires a right of first refusal on all lines of insurance business written by the insurer and solicited by the producer.
25. "Expenditure" means any purchase, payment or other thing of value that is made by a person for the purpose of influencing an election.
26. "Family contribution" means any contribution that is provided to a candidate's committee by the parent, grandparent, aunt, uncle, child or sibling of the candidate or the candidate's spouse, including the spouse of any of the listed family members, regardless of whether the relation is established by marriage or adoption.
27. "Filing officer" means the secretary of state or the county, city or town officer in charge of elections for that jurisdiction who accepts statements and reports for those elections pursuant to section 16‑928.
28. "Firewall" means a written policy that precludes one person from sharing information with another person.
29. "Identification" or "identify" means:
(a) For an individual, the individual's first and last name, residence location or street address and occupation and the name of the individual's primary employer.
(b) For any other person, the person's full name and physical location or street address.
30. "Incomplete contribution" means any contribution that is received by a committee for which the contributor's complete identification has not been obtained.
31. "Independent expenditure" means an expenditure by a person, other than a candidate committee, that complies with both of the following:
(a) Expressly advocates the election or defeat of a clearly identified candidate.
(b) Is not made in cooperation or consultation with or at the request or suggestion of the candidate or the candidate's agent.
32. "In‑kind contribution" means a contribution of goods, services or anything of value that is provided without charge or at less than the usual and normal charge.
33. "Insurance producer" means a person that:
(a) Is required to be licensed to sell, solicit or negotiate insurance.
(b) Has an exclusive insurance contract with an insurer.
34. "Itemized" means that each contribution received or expenditure made is set forth separately.
35. "Labor organization" means any employee representation organization that exists for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employment.
36. "Legislative office" means the office of representative in the state house of representatives or senator in the state senate.
37. "Mega PAC status" means official recognition that a political action committee has received contributions from five hundred or more individuals in amounts of ten dollars or more in the four-year period immediately before application to the secretary of state.
38. "Nominee" means a candidate who prevails in a primary election for partisan office and includes the nominee's candidate committee.
39. "Person" means an individual or a candidate, nominee, committee, corporation, limited liability company, labor organization, partnership, trust, association, organization, joint venture, cooperative or unincorporated organization or association.
40. "Personal monies" means any of the following:
(a) Assets to which the individual or individual's spouse has either legal title or an equitable interest.
(b) Salary and other earned income from bona fide employment of the individual or individual's spouse.
(c) Dividends and proceeds from the sale of investments of the individual or individual's spouse.
(d) Bequests to the individual or individual's spouse.
(e) Income to the individual or individual's spouse from revocable trusts for which the individual or individual's spouse is a beneficiary.
(f) Gifts of a personal nature to the individual or individual's spouse that would have been given regardless of whether the individual became a candidate or accepted a contribution.
(g) The proceeds of loans obtained by the individual or individual's spouse that are secured by collateral or security provided by the individual or individual's spouse.
(h) Family contributions.
41. "Political action committee" means an entity that is required to register as a political action committee pursuant to section 16-905.
42. "Political party" means a committee that meets the requirements for recognition as a political party pursuant to chapter 5 of this title.
43. "Primary purpose" means an entity's predominant purpose. Notwithstanding any other law or rule, an entity is not organized for the primary purpose of influencing an election if all of the following apply at the time the contribution or expenditure is made:
(a) The entity has tax exempt status under section 501(a) of the internal revenue code.
(b) Except for a religious organization, assembly or institution, the entity has properly filed a form 1023 or form 1024 with the internal revenue service or the equivalent successor form designated by the internal revenue service.
(c) The entity's tax exempt status has not been denied or revoked by the internal revenue service.
(d) The entity has properly filed a form 990 with the internal revenue service or the equivalent successor form designated by the internal revenue service in compliance with the most recent filing deadline established by internal revenue service regulations or policies.
44. "Retention" means the election process by which a municipal court judge is retained in office or a superior court judge, appellate court judge or supreme court justice is retained in office as prescribed by article VI, section 38 or 40, Constitution of Arizona.
45. "Separate segregated fund" means a fund established by a corporation, limited liability company, labor organization or partnership that is required to register as a political action committee.
46. "Social media messages" means forms of communication, including internet sites for social networking or blogging, through which users create a personal profile and participate in online communities to share information, ideas and personal messages.
47. "Sponsor" means any person that establishes, administers or contributes financial support to the administration of a political action committee or that has common or overlapping membership or officers with that political action committee.
48. "Standing committee" means a political action committee or political party that is active in more than one reporting jurisdiction in this state and that files a statement of organization in a format prescribed by the secretary of state.
49. "Statewide office" means the office of governor, secretary of state, state treasurer, attorney general, superintendent of public instruction, corporation commissioner or mine inspector.
50. "Surplus monies" means those monies of a terminating committee that remain after all of the committee's expenditures have been made, all debts have been extinguished and the committee ceases accepting contributions.
Sec. 3. Section 16-928, Arizona Revised Statutes, is amended to read:
16-928. Filing officer; statements and reports
A. A person that is required to file any statements and reports required by this article and articles 1, 1.1, 1.2, 1.3, 1.5, 1.6 and 1.7 of this chapter shall file with the filing officer in charge of that election, as follows:
1. The secretary of state is the filing officer for statewide and legislative elections, including retention elections for supreme court justices and court of appeals judges. The secretary of state is also the filing officer for committees that support or oppose a recall election or the circulation of a petition for a recall election for a statewide or legislative officeholder, for committees that support or oppose a statewide initiative or referendum or other statewide ballot measure, question or proposition or the circulation of a petition for a statewide initiative or referendum or other statewide ballot measure, question or proposition.
2. The county officer in charge of elections is the filing officer for county, school district, community college district and special taxing district elections, including retention elections for superior court judges. The county officer in charge of elections is also the filing officer for committees that support or oppose a recall election or the circulation of a petition for a recall election for an officeholder of a county office, a school district governing board office, a community college district governing board office or a special taxing district governing board office, for committees that support or oppose a county, school district, community college district or special taxing district initiative or referendum or other ballot measure, question or proposition, including bond, tax, budget and budget override measures or that oppose or support the circulation of a petition for a county, school district, community college district or special taxing district initiative or referendum or other county, school district, community college district or special taxing district ballot measure, question or proposition.
3. The city or town clerk is the filing officer for city and town elections, including retention elections for city or town magistrates. The city or town clerk is also the filing officer for committees that support or oppose a recall election or the circulation of a petition for a recall election for a city or town officeholder, for committees that support or oppose a city or town initiative or referendum or other city or town ballot measure, question or proposition or the circulation of a petition for a city or town initiative or referendum or other city ballot measure, question or proposition.
B. Notwithstanding subsection A of this section, a standing committee shall file reports only with the secretary of state.
C. A filing officer shall provide the option for electronic filing and shall make all statements and reports publicly available on the internet. A filing officer may comply with this section by opting into the secretary of state's electronic filing system.
Sec. 4. Section 22-403, Arizona Revised Statutes, is amended to read:
22-403. Presiding officer of municipal court; appointment; maximum term of office; retention; compensation; justice of the peace as magistrate; declaration of candidacy; form of ballot; failure to file declaration
A. The presiding officer of the municipal court shall be a magistrate. , who Each municipal court magistrate shall be selected and serve a term of office of not more than four years in a manner provided by the charter or ordinances of the city or town. A magistrate shall be elected for retention at the general election next preceding the expiration of a term of office. A magistrate may not be removed from office without cause by the entity that selected the magistrate. The magistrate shall receive such compensation as provided by the governing body of the city or town. A magistrate's compensation may not be reduced during the term of office for which the magistrate was elected or appointed.
B. A justice of the peace in the city or town shall be is eligible for selection to the office of magistrate without thereby forfeiting his the justice of the peace's office as justice of the peace.
C. A city or town magistrate shall file, in the office of the city or town clerk not less than sixty and not more than ninety days before the regular general election following the expiration of the magistrate's term of office, a declaration of the magistrate's desire to be retained in office, and the city or town clerk shall certify the appropriate names of the candidate or candidates appearing on the declarations filed in the clerk's office.
D. The name of a magistrate whose declaration is filed as provided in this section shall be placed on the appropriate official ballot at the next regular general election under a nonpartisan designation and in substantially the following form:
Shall (Name of magistrate) of the _________ court be retained in office? Yes __ No __ (Mark X after one).
E. If a majority of those voting on the question votes "No", on the expiration of the term for which the magistrate was serving, a vacancy shall exist, which shall be filled as provided by this section. If a majority of those voting on the question votes "Yes", the magistrate shall remain in office for another term, subject to removal as provided by this section.
F. The votes shall be counted and canvassed and the result declared as in the case of state and county elections, and the city or town clerk shall deliver a certificate of retention or rejection of the incumbent magistrate to the magistrate.
G. If a magistrate fails to file a declaration of the magistrate's desire to be retained in office as required by this section, the magistrate's office becomes vacant on expiration of the term for which the magistrate was serving.
Sec. 5. Applicability
A city or town magistrate who is holding office on the effective date of this act shall continue to serve in office for the respective term for which the magistrate was appointed or elected but following that term shall be appointed or retained in office pursuant to section 22‑403, Arizona Revised Statutes, as amended by this act.
