Bill Text: AZ HB2262 | 2011 | Fiftieth Legislature 1st Regular | Introduced
Bill Title: Clean elections; assets; other purchases
Spectrum: Moderate Partisan Bill (Democrat 9-2)
Status: (Introduced - Dead) 2011-01-27 - Referred to House JUD Committee [HB2262 Detail]
Download: Arizona-2011-HB2262-Introduced.html
|
REFERENCE TITLE: clean elections; assets; other purchases |
|
State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
|
|
HB 2262 |
|
|
|
Introduced by Representatives Ableser, Campbell, Gallego, Hobbs, Pancrazi, Patterson: Alston, Farley, McCune Davis, McLain, Mesnard
|
AN ACT
amending section 16-948, 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 requirement of article IV, part 1, section 1, Constitution of Arizona, section 16-948, Arizona Revised Statutes, is amended to read:
16-948. Controls on participating candidates' campaign accounts
A. A participating candidate shall conduct all financial activity through a single campaign account of the candidate's campaign committee. A participating candidate shall not make any deposits into the campaign account other than those permitted under sections section 16‑945 or 16‑946.
B. A candidate may designate other persons with authority to withdraw funds monies from the candidate's campaign account. The candidate and any person so designated shall sign a joint statement under oath promising to comply with the requirements of this title.
C. The candidate or a person authorized under subsection B of this section shall pay monies from a participating candidate's campaign account directly to the person providing goods or services to the campaign and shall identify, on a report filed pursuant to article 1 of this chapter, the full name and street address of the person and the nature of the goods and services and compensation for which payment has been made. Notwithstanding the previous sentence, a campaign committee may establish one or more petty cash accounts, which in aggregate shall not exceed one thousand dollars at any time. No single expenditure shall be made from a petty cash account exceeding one hundred dollars.
D. Monies in a participating candidate's campaign account shall be used to pay for goods and services for direct campaign purposes only. Campaign monies shall not be used to pay for any of the following:
1. Fines or civil penalties, for costs or legal fees related to representation before the commission, or for defense of any enforcement action under this chapter. Nothing in This subsection shall paragraph does not prevent a participating candidate from having a legal defense fund.
2. Food and beverages for staff and volunteers, unless the monies are used for each person in an amount of eleven dollars or less for breakfast, sixteen dollars or less for lunch and twenty-seven dollars or less for dinner.
3. Personal use. For the purposes of this paragraph, "personal use" includes any of the following:
(a) Household food, items or supplies.
(b) Clothing, other than items of de minimis value that are used in the campaign, such as campaign tee shirts or caps with campaign slogans.
(c) Tuition payments, other than those associated with training campaign staff.
(d) Mortgage, rent, lease, loan or utility payments.
(e) Admission to a sporting event, concert, theater or other form of entertainment, unless as a part of a specific campaign activity.
(f) Dues, fees or gratuities at a country club, health club, recreational facility or other nonpolitical organization, unless as a part of the costs of a specific fund‑raising event that takes place on the organization's premises.
(g) Gifts or donations.
(h) Extended warranties or other similar purchase options that extend beyond the campaign.
4. Any part of any personal residence of the candidate or a member of the candidate's family.
5. Real or personal property that is owned or leased by the candidate or a member of the candidate's family and used for campaign purposes, to the extent that the payments exceed the fair market value of the property usage.
6. Fixed assets with a value in excess of eight hundred dollars. Fixed assets of eight hundred dollars or less are lawful if the asset is used for a campaign purpose as prescribed by this section. Fixed assets that are purchased with campaign funds, that have a value of two hundred dollars or more and that are usable for noncampaign purposes shall be turned in to the commission no later than thirty days after the primary election, or for candidates who were successful in the primary election, no later than thirty days after the general election. A candidate may choose to reimburse the commission for one-half of the original purchase price of the fixed asset instead of turning the item in to the commission.
7. A joint campaign expenditure with a nonparticipating candidate who has previously triggered matching funds for the participating candidate during the primary or general election cycle in which the proposed expenditure is to take place.
E. During the primary election period, a participating candidate shall not spend an amount that is greater than the difference between the sum of early contributions and public monies received and the total sum of expenditures made during and for the exploratory, qualifying, primary and general election periods.
F. During the general election period, a participating candidate shall not spend an amount that is greater than the difference between the amount of public monies received during and for the general election period and the total sum of expenditures made during and for the general election period.
Sec. 2. Requirements for enactment; three-fourths vote
Pursuant to article IV, part 1, section 1, Constitution of Arizona, section 16-948, Arizona Revised Statutes, as amended by this act, is effective only on the affirmative vote of at least three-fourths of the members of each house of the legislature.
