Bill Text: AZ HB2081 | 2015 | Fifty-second Legislature 1st Regular | Introduced


Bill Title: Clean elections; cash contributions prohibited

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2015-02-16 - Referred to House GHE Committee [HB2081 Detail]

Download: Arizona-2015-HB2081-Introduced.html

 

 

 

REFERENCE TITLE: clean elections; cash contributions prohibited

 

 

 

State of Arizona

House of Representatives

Fifty-second Legislature

First Regular Session

2015

 

 

HB 2081

 

Introduced by

Representatives Petersen, Mitchell: Fann

 

 

AN ACT

 

amending sections 16-946 and 16-950, Arizona Revised Statutes; relating to the citizens clean elections act.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1.  Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, section 16-946, Arizona Revised Statutes, is amended to read:

START_STATUTE16-946.  Qualifying contributions

A.  During the qualifying period, a participating candidate may collect qualifying contributions, which shall be paid to the fund.

B.  To qualify as a qualifying contribution, a contribution must be:

1.  Made by a qualified elector as defined in section 16‑121, who at the time of the contribution is registered in the electoral district of the office the candidate is seeking and who has not given another qualifying contribution to that candidate during that election cycle.

2.  Made by a person who is not given anything of value in exchange for the qualifying contribution.

3.  In the sum of five dollars, exactly.

4.  Received unsolicited during the qualifying period or solicited during the qualifying period by a person who is not employed or retained by the candidate and who is not compensated to collect contributions by the candidate or on behalf of the candidate.

5.  If Made by check or money order only and made payable to the candidate's campaign committee, or if in cash, deposited in the candidate's campaign committee's accountA participating candidate and the candidate's campaign committee may not accept cash contributions.

6.  Accompanied by a three‑part reporting slip that includes the printed name, registration address and signature of the contributor, the name of the candidate for whom the contribution is made, the date and the printed name and signature of the solicitor.  An electronic signature as defined in section 41‑351 is deemed to comply with this paragraph.

C.  A copy of the reporting slip shall be given as a receipt to the contributor, and another copy shall be retained by the candidate's campaign committee.  Delivery of an original reporting slip to the secretary of state shall excuse the candidate from disclosure of these contributions on campaign finance reports filed under article 1 of this chapter. END_STATUTE

Sec. 2.  Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, section 16-950, Arizona Revised Statutes, is amended to read:

START_STATUTE16-950.  Qualification for clean elections funding

A.  A candidate who has made an application for certification may also apply, in accordance with subsection B of this section, to receive funds from the citizens clean elections fund, instead of receiving private contributions.

B.  To receive any clean elections funding, the candidate must present to the secretary of state no later than one week after the end of the qualifying period a list of names of persons who have made qualifying contributions pursuant to section 16‑946 on behalf of the candidate.  The list shall be divided by county.  At the same time, the candidate must tender to the secretary of state the original reporting slips identified in section 16‑946, subsection C for persons on the list and an amount equal to the sum of the qualifying contributions collected.  The secretary of state shall deposit the amount into the fund.

C.  The secretary of state shall select at random a sample of five per cent percent of the number of nonduplicative names on the list for a candidate for a statewide office and twenty per cent percent of the number of nonduplicative names on the list for a candidate for legislative office.  The secretary of state shall verify that the qualifying contributions from the selected reporting slips were made only by check or money order and shall forward facsimiles of the selected reporting slips to the county recorders for the counties of the addresses specified in the selected slips.  Within ten days, the county recorders shall provide a report to the secretary of state identifying as disqualified any slips that are unsigned or undated or that the recorder is unable to verify as matching a person who is registered to vote in the electoral district of the office the candidate is seeking on the date specified on the slip.  The secretary of state shall multiply the number of slips not disqualified by twenty for statewide candidates, and shall multiply the number of slips not disqualified by five for legislative candidates, and if the result is greater than one hundred ten per cent percent of the quantity required, shall approve the candidate for funds, and if the result is less than one hundred ten per cent percent of the quantity required, the secretary of state shall forward facsimiles of all of the slips to the county recorders for verification, and the county recorders shall check all slips in accordance with the process above.  A county recorder shall not check slips already verified.  A county recorder shall report verified totals daily to the secretary of state until a determination is made that a sufficient number of verified slips has been submitted.  If a sufficient number of verified slips has been submitted to one or more county recorders, the county recorders may stop the verification process.

D.  To qualify for clean elections funding, a candidate must have been approved as a participating candidate pursuant to section 16‑947 and have obtained the following number of qualifying contributions:

1.  For a candidate for legislature, two hundred.

2.  For candidate for mine inspector, five hundred.

3.  For a candidate for treasurer, superintendent of public instruction or corporation commission, one thousand five hundred.

4.  For a candidate for secretary of state or attorney general, two thousand five hundred.

5.  For a candidate for governor, four thousand.

E.  To qualify for clean elections funding, a candidate must have met the requirements of this section and either be an independent candidate or meet the following standards:

1.  To qualify for funding for a party primary election, a candidate must have properly filed nominating papers and nominating petitions with signatures pursuant to chapter 3, articles 2 and 3 of this title in the primary of a political organization entitled to continued representation on the official ballot in accordance with section 16‑804.

2.  To qualify for clean elections funding for a general election, a candidate must be a party nominee of such a political organization. END_STATUTE

Sec. 3.  Requirements for enactment; three-fourths vote

Pursuant to article IV, part 1, section 1, Constitution of Arizona, sections 16-946 and 16-950, Arizona Revised Statutes, as amended by this act, are effective only on the affirmative vote of at least three-fourths of the members of each house of the legislature.

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