Bill Text: AZ HB2107 | 2014 | Fifty-first Legislature 2nd Regular | Chaptered
Bill Title: Elections; candidate, ballot measure signatures
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-04-16 - Chapter 45 RFEIR [HB2107 Detail]
Download: Arizona-2014-HB2107-Chaptered.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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CHAPTER 45
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HOUSE BILL 2107 |
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AN ACT
Amending sections 16‑241 and 16‑243, Arizona Revised Statutes; Amending Title 16, chapter 3, article 2, Arizona Revised Statutes, by adding section 16-316; amending sections 19-101 and 19-102, Arizona Revised Statutes; amending section 19-111, Arizona Revised Statutes, as amended by Laws 2009, chapter 114, section 10; amending section 19‑112, Arizona Revised Statutes, as amended by Laws 2011, chapter 332, section 24; amending section 19‑118, Arizona Revised Statutes; amending section 19-121.01, Arizona Revised Statutes, as amended by Laws 2010, chapter 209, section 22; amending section 19-204, Arizona Revised Statutes; relating to Elections.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-241, Arizona Revised Statutes, is amended to read:
16-241. Presidential preference election; conduct of election
A. A presidential preference election shall be held on the fourth Tuesday in February immediately following March 15 of each year in which the President of the United States is elected to give qualified electors the opportunity to express their preference for the presidential candidate of the political party indicated as their preference by the record of their registration. No other election may appear on the same ballot as the presidential preference election.
B. Notwithstanding subsection A of this section, the governor may issue a proclamation that the presidential preference election is to be held on a date earlier than the fourth Tuesday in February later than the date prescribed in subsection A of this section. The proclamation shall be issued no later than one hundred eighty days before the date of the election as set forth in the proclamation. The governor shall transmit a copy of the election proclamation to the clerks of the county boards of supervisors.
C. Except as otherwise provided in this article, the presidential preference election shall be conducted and canvassed in the same manner as prescribed in this title for the primary election held pursuant to section 16‑201. All provisions of other laws that govern elections and that are not in conflict with this article apply to a presidential preference election, including laws relating to registration and qualifications of electors.
D. Unless otherwise specifically prescribed by this article, the powers and duties conferred by law on boards of supervisors, officers in charge of elections, county recorders, precinct boards and central counting boards in connection with a primary election are conferred on those persons for purposes of a presidential preference election and shall be exercised by them for a presidential preference election.
E. Every act that is an offense pursuant to the election laws of this state is an offense for purposes of a presidential preference election, and a person is subject to the penalties prescribed by those laws.
Sec. 2. Section 16-243, Arizona Revised Statutes, is amended to read:
16-243. National convention delegates; vote for candidates
A. The selection of delegates to the political party national conventions shall be as provided in the bylaws of each state party.
B. At the political party national convention, each delegate to the national convention shall use his best efforts at the convention vote for the party's presidential nominee candidate who received the greatest number of votes in the presidential preference election until the candidate is nominated for the office of president of the United States by the convention, until the candidate releases the delegate from his the delegate's obligation, until a candidate withdraws from the race or until one convention nominating ballot has been taken. After a candidate is nominated, withdraws from the race, delegates are released or one ballot is taken, each delegate is free to vote as he the delegate chooses, and no rule may be adopted by a delegation requiring the delegation to vote as a body or causing the vote of any delegate to go uncounted or unreported.
Sec. 3. Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, title 16, chapter 3, article 2, Arizona Revised Statutes, is amended by adding section 16-316, to read:
16-316. Secure online signature collection; candidate petitions; five dollar contributions; statewide and legislative candidates
A. Notwithstanding any other statute in this title, the secretary of state shall provide a system for qualified electors to sign a nomination petition and to sign and submit a citizens clean elections five dollar contribution qualification form for a candidate by way of a secure internet portal. The system shall allow only those qualified electors who are eligible to sign a petition for a particular candidate to sign the petition and only those qualified electors who are eligible to give a qualifying contribution to that candidate to do so and shall provide a method for the qualified elector's identity to be properly verified. A candidate may choose to collect up to an amount equal to one-half of the number of required nomination petition signatures or up to an amount equal to one‑half of the number of required contribution qualification forms, or both, by use of the online signature collection system prescribed by this section.
B. This section applies only to candidates for statewide and legislative offices.
Sec. 4. Section 19-101, Arizona Revised Statutes, is amended to read:
19-101. Referendum petition; circulators; violation; classification
A. The following shall be the form for referring to the people by referendum petition a measure or item, section or part of a measure enacted by the legislature, or by the legislative body of an incorporated city, town or county:
Referendum Description
(Insert a description of no more than one hundred words of the
principal provisions of the measure sought to be referred.)
Notice: This is only a description of the measure sought to be referred 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.
Petition for Referendum
To the secretary of state: (or to the corresponding officer for or on local, county, city or town measures):
We, the undersigned citizens and qualified electors of the state of Arizona, respectfully order that the senate (or house) bill No. ___ (or other local, county, city or town measure) entitled (title of act or ordinance, and if the petition is against less than the whole act or ordinance then set forth here the item, section, or part, of any measure on which the referendum is used), passed by the _________________ session of the legislature of the state of Arizona, at the general (or special, as the case may be) session of said legislature, (or by a county, city or town legislative body) shall be referred to a vote of the qualified electors of the state, (county, city or town) for their approval or rejection at the next regular general election (or county, city or town election) and each for himself says:
I have personally signed this petition with my first and last names. I have not signed any other petition for the same measure. I am a qualified elector of the state of Arizona, county of (or city or town and county of, as the case may be) _____________.
"Warning
It is a class 1 misdemeanor for any person to knowingly sign an initiative or referendum petition with a name other than his own, except in a circumstance where he signs for a person, in the presence of and at the specific request of such person, who is incapable of signing his own name because of physical infirmity, or to knowingly sign his name more than once for the same measure, or to knowingly sign such petition when he is not a qualified elector."
Signature Name Actual Arizona City or Date
(first and address post office town signed
last name (street & address (if any)
printed) no. and if & zip
no street code
address,
describe
residence
location)
(Fifteen lines for signatures which shall be numbered)
The validity of signatures on this sheet must be sworn to by the circulator before a notary public on the form appearing on the back of the sheet.
Number ________________
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".
B. C. Each petition sheet shall have printed in capital letters in no 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".
C. D. A circulator of a referendum petition shall state whether he is a paid circulator or volunteer by checking the appropriate line on the petition form before circulating the petition for signatures.
D. E. Signatures obtained on referendum petitions in violation of subsection C 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.
Sec. 5. Section 19-102, Arizona Revised Statutes, is amended to read:
19-102. 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 no more than one 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".
B. C. Each petition sheet shall have printed in capital letters in no 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".
C. D. A circulator of an initiative petition shall state whether he is a paid circulator or volunteer by checking the appropriate line on the petition form before circulating the petition for signatures.
D. E. Signatures obtained on initiative petitions in violation of subsection C 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.
Sec. 6. Section 19-111, Arizona Revised Statutes, as amended by Laws 2009, chapter 114, section 10, is amended to read:
19-111. Number for petition; training materials
A. A person or organization intending to propose a law or constitutional amendment by initiative petition or to file a referendum petition against a measure, item, section or part of a measure, before causing the petition to be printed and circulated, shall file with the secretary of state an application, on a form to be provided by the secretary of state, setting forth his the person's name or, if an organization, its name and the names and titles of its officers, the person's or organization's address, his the person's or organization's intention to circulate and file a petition, a description of no more than one hundred words of the principal provisions of the proposed law, constitutional amendment or measure and the text of the proposed law, constitutional amendment or measure to be initiated or referred in no less than eight point type, and applying for issuance of an official serial number. At the same time as the person or organization files its application, the person or organization shall file with the secretary of state its statement of organization or its signed exemption statement as prescribed by section 16‑902.01. The secretary of state shall not accept an application for initiative or referendum without an accompanying statement of organization or signed exemption statement as prescribed by this subsection.
B. On receipt of the application, the secretary of state shall assign an official serial number to the petition, which number shall appear in the lower right‑hand corner of each side of each copy thereof, and issue that number to the applicant. The secretary of state shall assign numbers shall be assigned to petitions by the secretary of state in numerical sequence, and a record shall be maintained in his the secretary of state's office of each application received and of the numbers assigned and issued to the applicant.
C. The secretary of state shall make available to each applicant by electronic means a copy of the text of this article governing the initiative and referendum and all rules adopted by the secretary of state pursuant to this title. In addition, the secretary of state shall provide the applicant by electronic means the ability to file a statement of organization or five hundred dollar threshold exemption statement and a notice stating: "This statement must be filed before valid signatures can be collected." The secretary of state shall make available by electronic means a copy of the text of this article governing the initiative and referendum and all rules adopted by the secretary of state pursuant to this title to the county, city and town clerks who shall similarly furnish a copy to each applicant by electronic means. If a member of the public so requests, the secretary of state and the county, city and town clerks shall provide a copy in pamphlet form.
D. The secretary of state shall make available to each person or organization circulating a statewide initiative, referendum or recall petition a copy of circulator training materials created by the secretary of state. Circulator training materials may be provided on paper or in electronic format and shall also be available on the secretary of state's website. A person or organization circulating a statewide petition shall provide each circulator with the secretary of state's circulator training materials and shall collect and submit to the secretary of state each of its circulators' training materials receipts before the filing of completed petitions. Each person who is a statewide circulator shall acknowledge in writing receipt of the training materials before circulating a petition for signatures. Failure to provide circulator training materials or failure to submit circulators' training materials receipts is not grounds for removal of signatures or signature sheets. Notwithstanding section 19-141, this subsection does not apply to initiative, referendum or recall petitions for cities, towns and counties.
D. E. The eight point type required by subsection A of this section shall not apply to maps, charts or other graphics.
Sec. 7. Section 19-112, Arizona Revised Statutes, as amended by Laws 2011, chapter 332, section 24, 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. 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. The eight point type required by subsection B of this section shall not apply to maps, charts or other graphics.
Sec. 8. Section 19-118, Arizona Revised Statutes, is amended to read:
19-118. Registered circulators; requirements; definition
A. All circulators who are not residents of this state and, for statewide ballot measures only, all paid circulators must register as circulators with the secretary of state before circulating petitions pursuant to this title. The political committee that is circulating the petition shall collect and submit the registrations 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 and shall publish on a website maintained by the secretary of state all information regarding circulators that is required pursuant to this section. For statewide ballot measures only, the secretary of state 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 registration required by subsection A of this section shall include the following provisions:
1. The circulator consents to the jurisdiction of the courts of this state in resolving any disputes concerning the circulation of petitions by that circulator.
2. The circulator shall designate an address in this state 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 or by leaving a copy of the subpoena at the address designated by the circulator with a person of suitable age.
C. 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.
D. 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 five days after the date on which the petitions for which the circulator is required to be registered are filed with the secretary of state. 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.
E. 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.
F. Notwithstanding section 19-141, this section does not apply to filing officers for counties, cities and towns and paid circulators for county, city and town measures are not required to register with the secretary of state or with the filing officer of the county, city or town. Challenges to signatures and circulators of county, city or town measures shall be as otherwise provided by law.
G. For the purposes of this title, "paid circulator":
1. Means a natural person who receives monetary or other compensation that is based on the number of signatures obtained on a petition or on the number of petitions circulated that contain signatures.
2. Does not include a paid employee of any political committee organized pursuant to title 16, chapter 6, unless that employee's primary responsibility is circulating petitions to obtain signatures.
Sec. 9. Section 19-121.01, Arizona Revised Statutes, as amended by Laws 2010, chapter 209, section 22, is amended to read:
19-121.01. Secretary of state; removal of petition and ineligible signatures; facsimile sheets; random sample
A. Within twenty days, excluding Saturdays, Sundays and other legal holidays, of the date of filing of an initiative or referendum petition and issuance of the receipt, the secretary of state shall:
1. Remove the following:
(a) Those sheets not attached to a copy of the title and text of the measure.
(b) The copy of the title and text from the remaining petition sheets.
(c) Those sheets not bearing the petition serial number in the lower right‑hand corner of each side.
(d) Those sheets containing a circulator's affidavit that is not completed or signed.
(e) Those sheets on which the affidavit of the circulator is not notarized, the notary's signature is missing, the notary's commission has expired or the notary's seal is not affixed.
(f) Those sheets on which the signatures of the circulator or the notary are dated earlier than the dates on which the electors signed the face of the petition sheet.
(g) Beginning after November 2, 2010, Those sheets that are circulated by a circulator who is prohibited from participating in any election, initiative, referendum or recall campaign pursuant to section 19‑119.01.
(h) For statewide ballot measures only, those sheets on which the circulator is required to be registered with the secretary of state pursuant to section 19-118 and the circulator is not properly registered.
2. After completing the steps in paragraph 1 of this subsection, review each sheet to determine the county of the majority of the signers and shall:
(a) Place a three or four letter abbreviation designating that county in the upper right‑hand corner of the face of the petition.
(b) Remove all signatures of those not in the county of the majority on each sheet by marking an "SS" in red ink in the margin to the right of the signature line.
(c) Cause all signature sheets to be grouped together by county of registration of the majority of those signing and attach them to one or more copies of the title and text of the measure. If the sheets are too bulky for convenient grouping by the secretary of state in one volume by county, they may be bound in two or more volumes with those in each volume attached to a single printed copy of the measure. The remaining detached copies of the title and text of the measure shall be delivered to the applicant.
3. After completing the steps in paragraph 2 of this subsection, remove the following signatures that are not eligible for verification by marking an "SS" in red ink in the margin to the right of the signature line:
(a) If the signature of the qualified elector is missing.
(b) If the residence address or the description of residence location is missing.
(c) If the date on which the petitioner signed is missing.
(d) Signatures in excess of the fifteen signatures permitted per petition.
(e) Signatures withdrawn pursuant to section 19‑113.
(f) Beginning after November 2, 2010, Signatures for which the secretary of state determines that the petition circulator has printed the elector's first and last names or other information in violation of section 19‑112.
4. After the removal of petition sheets and signatures, count the number of signatures for verification on the remaining petition sheets and note that number in the upper right‑hand corner of the face of each petition sheet immediately above the county designation.
5. Number the remaining petition sheets that were not previously removed and that contain signatures eligible for verification in consecutive order on the front side of each petition sheet in the upper left‑hand corner.
6. Count all remaining petition sheets and signatures not previously removed and issue a receipt to the applicant of this total number eligible for verification.
B. If the total number of signatures for verification as determined pursuant to subsection A, paragraph 6 of this section equals or exceeds the constitutional minimum, the secretary of state, during the same twenty day period provided in subsection A of this section, shall select, at random, five per cent of the total signatures eligible for verification by the county recorders of the counties in which the persons signing the petition claim to be qualified electors. The random sample of signatures to be verified shall be drawn in such a manner that every signature eligible for verification has an equal chance of being included in the sample. The random sample produced shall identify each signature selected by petition page and line number. The signatures selected shall be marked according to the following procedure:
1. Using red ink, mark the selected signature by circling the line number and drawing a line from the base of the circle extending into the left margin.
2. If a signature line selected for the random sample is found to be blank or was removed from the verification process pursuant to subsection A of this section and is marked with an "SS", then the next line down, even if that requires going to the next petition sheet in sequence, on which an eligible signature appears shall be selected as a substitute if that line has not already been selected for the random sample. If the next eligible line is already being used in the random sample, the secretary of state shall proceed back up the page from the signature line originally selected for the random sample to the next previous signature line eligible for verification. If that line is already being used in the random sample, the secretary of state shall continue moving down the page or to the next page from the line originally selected for the random sample and shall select the next eligible signature as its substitute for the random sample. The secretary of state shall use this process of alternately moving forward and backward until a signature eligible for verification and not already included in the random sample can be selected and substituted.
C. After the selection of the random sample and the marking of the signatures selected on the original petition sheets pursuant to subsection B of this section, the secretary of state shall reproduce a facsimile of the front of each signature sheet on which a signature included in the random sample appears. The secretary of state shall clearly identify those signatures marked for verification by color highlighting or other similar method and shall transmit by personal delivery or certified mail to each county recorder a facsimile sheet of each signature sheet on which a signature appears of any individual who claims to be a qualified elector of that county and whose signature was selected for verification as part of the random sample.
D. The secretary of state shall retain in custody all signature sheets removed pursuant to this section except as otherwise prescribed in this title.
Sec. 10. 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. 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. The following shall be printed on each petition sheet in capital letters in at least 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:
"___________ paid circulator" "______________ volunteer".
D. A circulator of a recall petition shall state whether he is a paid circulator or volunteer by checking the appropriate line on the petition form before circulating the petition for signatures.
B. E. 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.
Sec. 11. Requirements for enactment; three-fourths vote
Pursuant to article IV, part 1, section 1, Constitution of Arizona, section 16-316, Arizona Revised Statutes, as added by this act, is effective only on the affirmative vote of at least three-fourths of the members of each house of the legislature.
APPROVED BY THE GOVERNOR APRIL 16, 2014.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 17, 2014.
