Bill Text: AZ HB2534 | 2017 | Fifty-third Legislature 1st Regular | Introduced
Bill Title: Judicial elections; term; requirements
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-02-22 - House APPROP Committee action: Held, voting: (0-0-0-0-0-0) [HB2534 Detail]
Download: Arizona-2017-HB2534-Introduced.html
|
REFERENCE TITLE: judicial elections; term; requirements |
|
State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
|
|
HB 2534 |
|
|
|
Introduced by Representative Shooter
|
AN ACT
AMENDING SECTIONS 12‑101, 12-102, 12-120.01, 12-120.02 AND 12-120.07, ARIZONA REVISED STATUTES; REPEALING SECTION 12-131, ARIZONA REVISED STATUTES; REPEALING TITLE 12, CHAPTER 23, ARIZONA REVISED STATUTES; AMENDING SECTIONS 16-502, 16-901, 16‑905, 16-928, 19-123, 19-201, 38‑431.08, 41‑1231 AND 41‑1232.04, ARIZONA REVISED STATUTES; RELATING TO THE ELECTION OF JUDGES.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-101, Arizona Revised Statutes, is amended to read:
12-101. Justices; number; term; election
The supreme court shall consist of seven justices. The term of office of each justice shall be six two years and shall take effect on the first Monday in January of the year in which it begins. Justices shall be elected at the general election next preceding the expiration of a term of office.
Sec. 2. Section 12-102, Arizona Revised Statutes, is amended to read:
12-102. Jurisdiction and duties; court appointments; contract and volunteer service providers; background investigations; fingerprinting
A. The supreme court shall discharge the duties imposed and exercise the jurisdiction conferred by the constitution and by law.
B. As a condition of appointment to any paid position in the judicial department that is defined as a noncriminal justice agency under federal law, including nomination for judicial office by the commissions on appellate and trial court appointments pursuant to article VI, sections 37 and 41, Constitution of Arizona, the court shall require each applicant to furnish a full set of fingerprints to enable the court to conduct a criminal background investigation to determine the suitability of the applicant. The court shall submit the completed applicant fingerprint card to the department of public safety. The applicant shall bear the cost of obtaining the applicant's criminal history record information. The cost shall not exceed the actual cost of obtaining the applicant's criminal history record information. Applicant criminal history records checks shall be conducted pursuant to section 41‑1750 and Public Law 92‑544. The department of public safety is authorized to exchange the submitted applicant fingerprint card information with the federal bureau of investigation for a national criminal history records check.
C. The court may require each person who provides contract or volunteer services in the judicial department that is defined as a noncriminal justice agency under federal law to furnish a full set of fingerprints to enable the court to conduct a criminal background investigation. The court shall submit the person's completed fingerprint card to the department of public safety. The person shall bear the cost of obtaining the person's criminal history record information. The cost shall not exceed the actual cost of obtaining the person's criminal history record information. Criminal history records checks shall be conducted pursuant to section 41‑1750 and Public Law 92‑544. The department of public safety is authorized to exchange the person's submitted fingerprint card information with the federal bureau of investigation for a national criminal history records check.
Sec. 3. Section 12-120.01, Arizona Revised Statutes, is amended to read:
12-120.01. Qualifications of judges; terms; ballots; vacancies
A. A judge of the court of appeals shall be:
1. Not less than thirty years of age.
2. Of good moral character.
3. A qualified elector of the county of his the judge's residence, and a resident of such county for not less than three years next preceding taking office.
4. A resident of the division in which he the judge is elected.
5. Admitted to the practice of law in the state of Arizona for not less than five years next preceding taking office.
6. A resident of Arizona for not less than five years next preceding taking office.
B. Except for the initial term, each judge shall hold office for a term of six two years to commence on the first Monday in January following his retention the judge's election and until his the judge's successor is appointed and qualified elected. Each judge shall be appointed by the governor and serve an initial term pursuant to article VI, section 37, Constitution of Arizona. The names of all candidates for judge of the court of appeals shall be placed on the regular ballot with partisan or other designation and the court and the title of the office.
C. the governor shall fill any vacancy in office by appointing a person of the same political party as the person vacating the office to serve until the election and qualification of a successor At the next succeeding general election.
Sec. 4. Section 12-120.02, Arizona Revised Statutes, is amended to read:
12-120.02. Election of judges
A. In division 1, of the fifteen judges who are on the bench on July 1, 1995, ten of the judges shall be residents of and elected for retention from Maricopa county and five of the judges shall be residents of the remaining counties in the division and shall be elected for retention by the voters of the counties in division 1, excluding Maricopa county. If the sixteenth judge is a resident of Maricopa county, the judge shall be elected for retention by the voters of Maricopa county. If the sixteenth judge is not a resident of Maricopa county, the judge shall be elected for retention by the voters of the counties in division 1, excluding Maricopa county.
B. In division 2, four of the judges shall be residents of and elected from Pima county and two of the judges shall be residents of the remaining counties in the division and shall be elected by the voters of the counties in division 2, excluding Pima county.
Sec. 5. Section 12-120.07, Arizona Revised Statutes, is amended to read:
12-120.07. Opinions; publication
A. The chief judge shall assign three of the judges to each department, and such assignment may be changed by him the chief judge from time to time. Each of the departments shall have the power to hear and determine causes and all questions arising therein. The presence of three judges shall be necessary to transact any business in either of the departments, ; except such as may be done in chambers and except as may be otherwise permitted by law. The opinions of a division or of a department of the court of appeals shall be in writing, the grounds stated, and shall be concurred in by a majority of a department if heard by a department or of the division if heard by the division. An opinion of a division or a department of a division shall be the opinion of the court of appeals.
B. The opinions of the court of appeals shall be published and distributed in the same manner as provided for the publication and distribution of opinions of the supreme court.
C. Not later than sixty days preceding the regular primary election for the retention of an appellate court judge, the commission on judicial performance review shall prepare and publish on its website a list of the decisions of that appellate court judge including the decision's official citation and an electronic copy of the entire text of the decision.
Sec. 6. Repeal
A. Section 12-131, Arizona Revised Statutes, is repealed.
B. Title 12, chapter 23, Arizona Revised Statutes, is repealed.
Sec. 7. 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, except above the heading there may be a stub that contains the words "stub no. _____, register no. _____, to be torn off by inspector." The stub shall be separated from the ballot by a perforated line, so that it may be easily detached from the ballot. Instructions to the voter on marking the ballot may be printed below the heading. The official ballots shall be bound together in blocks of not less than five nor more than one hundred.
B. Immediately below the ballot heading shall be placed the following:
"Section One
Partisan Ballot
1. Put a mark according to the instructions next to the name of each candidate for each partisan 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 or write‑in envelope and put a mark according to the instructions next to the name so written. "
C. Immediately below the instructions for voting in 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 enclosed in a bracketed list and next to the bracketed list shall be printed in bold type the surname of the presidential candidate, and the surname of the vice‑presidential 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 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 bracketed 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.
6. Justices of the supreme court standing for election pursuant to article VI, section 4, Constitution of Arizona.
7. Judges of the court of appeals standing for election pursuant to section 12-120.01.
8. Judges of the superior court standing for election pursuant to article VI, section 12, Constitution of Arizona.
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 which that did not have candidates on the ballot in the last general election, such parties shall be listed in alphabetical order below the parties which 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 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 unless write‑in envelopes are provided for that purpose. Upon On the blank line the voter may write the name of any person for whom he the voter desires to vote whose name is not printed, and next to the name so written he the voter shall designate his the voter's 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
1. Put a mark according to the instructions next to the name of each candidate for each nonpartisan 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 or write‑in envelope 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."
J. Immediately below the instructions for voting in section two shall be placed the names of the candidates for judges of the superior court standing for election pursuant to article VI, section 12, Constitution of Arizona, school district officials, 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, 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 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. 8. 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, or 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 proscribed 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 between successive statewide general elections or, for cities and towns, the two-year period between the scheduled date of the city's or town's second, runoff or general election and the scheduled date of the immediately following second, runoff or general election, however designated by the city or town. For purposes of a recall election, "election cycle" means the period between issuance of a recall petition serial number and the latest of the following:
(a) The date of the recall election that is called pursuant to section 19-209.
(b) The date that a resignation is accepted pursuant to section 19‑208.
(c) The date that the receiving officer provides notice pursuant to section 19‑208.01 that the number of signatures is insufficient.
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 first 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 remains in good standing with the corporation commission.
(e) 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 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. 44. "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. 45. "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. 46. "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. 47. "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. 48. "Statewide office" means the office of governor, secretary of state, state treasurer, attorney general, superintendent of public instruction, corporation commissioner or mine inspector.
50. 49. "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. 9. Section 16-905, Arizona Revised Statutes, is amended to read:
16-905. Committee qualification; requirements; exemption; adjustments
A. A candidate for election or retention shall register as a candidate committee if the candidate receives contributions or makes expenditures, in any combination, of at least one thousand dollars in connection with that candidacy.
B. An entity shall register as a political action committee if both of the following apply:
1. The entity is organized for the primary purpose of influencing the result of an election.
2. The entity knowingly receives contributions or makes expenditures, in any combination, of at least one thousand dollars in connection with any election during a calendar year.
C. A filing officer or enforcement officer shall make a rebuttable presumption that an entity is organized for the primary purpose of influencing the result of an election if the entity meets any of the following:
1. Except for a religious organization, assembly or institution, claims tax exempt status but had not filed form 1023 or form 1024 with the internal revenue service, or the equivalent successor form designated by the internal revenue service, before making a contribution or expenditure.
2. Made a contribution or expenditure and at that time had its tax exempt status revoked by the internal revenue service.
3. Made a contribution or expenditure and at that time failed to file form 990 with the internal revenue service, or the equivalent successor form designated by the internal revenue service, if required by law.
4. At the time of making a contribution or expenditure was not registered with the corporation commission if required by law.
5. At the time of making a contribution or expenditure was registered with the corporation commission but was not in good standing.
D. A fund that is established by a corporation, limited liability company, labor organization or partnership for the purpose of influencing the result of an election shall register as a political action committee.
E. An entity may register as a political party committee only as prescribed in chapter 5 of this title.
F. A committee is not subject to state income tax and is not required to file a state income tax return.
G. The dollar amounts prescribed by this section shall be increased every two years pursuant to section 16‑931.
Sec. 10. Section 16-928, Arizona Revised Statutes, is amended to read:
16-928. Filing officer; statements and reports
A. A person who 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. The city or town officer in charge of elections 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 only 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 and paying a fee as determined by the secretary of state.
Sec. 11. Section 19-123, Arizona Revised Statutes, is amended to read:
19-123. Publicity pamphlet; printing; distribution; public hearings
A. When the secretary of state is ordered by the legislature, or by petition under the initiative and referendum provisions of the constitution, to submit to the people a measure or proposed amendment to the constitution, the secretary of state shall cause to be printed, at the expense of the state, except as otherwise provided in this article, a publicity pamphlet, which shall contain:
1. A true copy of the title and text of the measure or proposed amendment. Such text shall indicate material deleted, if any, by printing such material with a line drawn through the center of the letters of such material and shall indicate material added or new material by printing the letters of such material in capital letters.
2. The form in which the measure or proposed amendment will appear on the ballot, the official title, the descriptive title prepared by the secretary of state and the number by which it will be designated.
3. The arguments for and against the measure or amendment.
4. For any measure or proposed amendment, a legislative council analysis of the ballot proposal as prescribed by section 19‑124.
5. The report of the commission on judicial performance review for any justices of the supreme court, judges of the court of appeals and judges of the superior court who are subject to retention standing for election.
6. The summary of a fiscal impact statement prepared by the joint legislative budget committee staff pursuant to subsection D of this section.
B. The secretary of state shall post the publicity pamphlet on the secretary of state's website as soon as is practicable after the pamphlet is printed and shall mail one copy of the publicity pamphlet to every household that contains a registered voter. The mailings may be made over a period of days but shall be mailed in order to be delivered to households before the earliest date for receipt by registered voters of any requested early ballots for the general election.
C. Sample ballots for both the primary and general elections shall include a statement that information on how to obtain a publicity pamphlet for the general election ballot propositions is available by calling the secretary of state. The statement shall include a telephone number and mailing address of the secretary of state.
D. On certification of an initiative measure as qualified for the ballot, the secretary of state shall hold or cause to be held at least three public meetings on the ballot measure. Hearings shall be held in at least three different counties and shall be held before the date of the election on the measure. The hearings shall provide an opportunity for proponents, opponents and the general public to provide testimony and request information. Hearings may be scheduled to include more than one qualified ballot measure and shall include a fiscal impact presentation on the measure by the joint legislative budget committee staff. The joint legislative budget committee staff shall prepare a summary of the fiscal impact for each ballot measure, not to exceed three hundred words, for publication in the publicity pamphlet.
Sec. 12. Section 19-201, Arizona Revised Statutes, is amended to read:
19-201. Officers subject to recall; number of petitioners
A. Every public officer holding an elective office, either by election, or appointment or retention, is subject to recall from such office by the qualified electors of the electoral district from which candidates are elected to that office. Such electoral district may include the whole state. A number of qualified electors equaling twenty‑five per cent percent of the number of votes cast at the last preceding general election for all the candidates for the office held by the officer, even if the officer was not elected at that election, divided by the number of offices that were being filled at that election, by recall petition, may demand the officer's recall.
B. In the case of a public officer holding office in a newly created division or district of an elective office, either by election or appointment, a number of qualified electors equaling twenty‑five per cent percent of the number of votes cast at the last preceding general election for all those who were candidates for other divisions or districts of the same office held by the officer in that county or city divided by the number of offices that were being filled at that election, by recall petition, may demand the officer's recall.
C. If the elective officer to be recalled was appointed to the office or was deemed elected after an election was canceled due to the absence of opposing candidates as provided in section 15‑424, 15-1442, 16‑822, 48‑802, 48‑1012, 48‑1208, 48‑1404, 48‑1908, 48‑2010, 48‑2107 or 48‑2208, the recall petition must be signed by the number of qualified electors that is equal to at least ten per cent percent of the number of active registered voters in the jurisdiction or district represented by that elective officer as determined on the date of the last general election.
Sec. 13. Section 38-431.08, Arizona Revised Statutes, is amended to read:
38-431.08. Exceptions; limitation
A. This article does not apply to:
1. Any judicial proceeding of any court or any political caucus of the legislature.
2. Any conference committee of the legislature, except that all such meetings shall be open to the public.
3. The commissions on appellate and trial court appointments and the commission on judicial qualifications.
4. Good cause exception and central registry exception determinations and hearings conducted by the board of fingerprinting pursuant to sections 41‑619.55 and 41‑619.57.
B. A hearing held within a prison facility by the board of executive clemency is subject to this article, except that the director of the state department of corrections may:
1. Prohibit, on written findings that are made public within five days of so finding, any person from attending a hearing whose attendance would constitute a serious threat to the life or physical safety of any person or to the safe, secure and orderly operation of the prison.
2. Require a person who attends a hearing to sign an attendance log. If the person is over sixteen years of age, the person shall produce photographic identification that verifies the person's signature.
3. Prevent and prohibit any articles from being taken into a hearing except recording devices and, if the person who attends a hearing is a member of the media, cameras.
4. Require that a person who attends a hearing submit to a reasonable search on entering the facility.
C. The exclusive remedies available to any person who is denied attendance at or removed from a hearing by the director of the state department of corrections in violation of this section shall be those remedies available in section 38‑431.07, as against the director only.
D. Either house of the legislature may adopt a rule or procedure pursuant to article IV, part 2, section 8, Constitution of Arizona, to provide an exemption to the notice and agenda requirements of this article or to allow standing or conference committees to meet through technological devices rather than only in person.
Sec. 14. Section 41‑1231, Arizona Revised Statutes, is amended to read:
41-1231. Definitions
In this article, unless the context otherwise requires:
1. "Authorized lobbyist" means any person, other than a designated lobbyist or lobbyist for compensation, who is employed by, retained by or representing a principal, with or without compensation, for the purpose of lobbying and who is listed as an authorized lobbyist by the principal in its registration pursuant to section 41‑1232.
2. "Authorized public lobbyist" means a person, other than a designated public lobbyist, who is employed by, retained by or representing a public body, with or without compensation, for the purpose of lobbying and who is listed as an authorized public lobbyist by the public body in its registration pursuant to section 41‑1232.01.
3. "Designated lobbyist" means the person who is designated by a principal as the single point of contact for the principal and who is listed as the designated lobbyist by the principal in its registration pursuant to section 41‑1232.
4. "Designated public lobbyist" means the person who is designated by a public body as the single point of contact for the public body and who is listed as the designated public lobbyist by the public body in its registration pursuant to section 41‑1232.01.
5. "Entertainment" means the amount of any expenditure paid or incurred for admission to any sporting or cultural event or for participation in any sporting or cultural activity.
6. "Expenditure" means a payment, distribution, loan, advance, deposit or gift of money or anything of value and includes a contract, promise or agreement, whether or not legally enforceable, to make an expenditure that provides a benefit to an individual state officer or state employee and that is incurred by or on behalf of one or more principals, public bodies, lobbyists, designated public lobbyists or authorized public lobbyists.
7. "Family gift" means a gift to a state officer or employee or a member of the officer's or employee's household from a principal, a lobbyist, a designated public lobbyist or an authorized public lobbyist who is a relative of the state officer or employee or a member of the household of the state officer or employee if the donor is not acting as the agent or intermediary for someone other than a person covered by this paragraph.
8. "Food or beverage" means the amount of any expenditure paid or incurred for food or beverages for a state officer or employee provided at a location at which the principal, public body, lobbyist, designated public lobbyist or authorized public lobbyist who made the expenditure is present.
9. "Gift" means a payment, distribution, expenditure, advance, deposit or donation of money, any intangible personal property or any kind of tangible personal or real property. For the purposes of this article, gift does not include:
(a) A gift, devise or inheritance from an individual's spouse, child, parent, grandparent, grandchild, brother, sister, parent‑in‑law, brother‑in‑law, sister‑in‑law, nephew, niece, aunt, uncle or first cousin or the spouse of any such individual if the donor is not acting as the agent or intermediary for someone other than a person covered by this subdivision.
(b) Expenditures that are either properly reported or exempt from reporting under this chapter for:
(i) A speaking engagement.
(ii) Food or beverages.
(iii) Travel and lodging.
(iv) Flowers.
(c) Salary, compensation or employer‑reimbursed expenses lawfully paid to a public official.
(d) The value, cost or price of professional or consulting services that are not rendered to obtain a benefit for any registered principal, public body, lobbyist, designated public lobbyist or authorized public lobbyist or the clients of a principal or lobbyist.
(e) Expenses relating to a special event or function to which all members of the legislature, either house of the legislature or any committee of the legislature is invited.
(f) A plaque or other form of recognition similar to a plaque to a state officer or state employee to signify the honorary recognition of a service or other notable accomplishment.
(g) Informational material such as books, reports, pamphlets, calendars or periodicals.
(h) An item that is not used and that is returned within fifteen days of receipt to the donor or that is delivered within fifteen days of receipt to a charitable organization and that is not claimed as a charitable contribution for state or federal income tax purposes.
(i) A campaign contribution that is properly received and reported as required by law.
(j) An item that is given to a state officer or employee if the state officer or employee gives an item of approximately the same value to the giver of the item at the same time that the item is given or on a similar occasion as the one that prompted the original item to be given.
(k) Gifts of a personal nature that were customarily received by an individual from the donor before the individual became a state officer or employee.
(l) An item that is given to the general public at an event.
10. "Legislation" means bills, resolutions, memorials, amendments, nominations and other matters that are pending or proposed in either house of the legislature of this state.
11. "Lobbying":
(a) Means attempting to influence the passage or defeat of any legislation by directly communicating with any legislator or attempting to influence any formal rulemaking proceeding pursuant to chapter 6 of this title or rulemaking proceedings that are exempt from chapter 6 of this title by directly communicating with any state officer or employee.
(b) Includes, for a person who is otherwise required to be registered as a lobbyist for compensation pursuant to this article, attempting to influence the procurement of materials, services or construction by an agency as defined in section 41‑1001, including the office of the governor.
(c) Does not include:
(i) Interagency communications between state agency employees.
(ii) Communications between a public official or employee of a public body, designated public lobbyist or authorized public lobbyist and any state officer, except for a member of the legislature, or an employee of the legislature.
(iii) Oral questions or comments made by a person to a state officer or employee regarding a proposed rule and made in public at a meeting or workshop that is open to the public and that is sponsored by a state agency, board, commission, council or office.
(iv) Communications between a public body and a self‑employed person or person employed by a partnership or company regarding the procurement of materials, services or construction unless the self‑employed person or person employed by a partnership or company is otherwise required to register pursuant to this article or is employed by, supervised by at any level or contracted by a person who is otherwise required to register as a lobbyist for compensation pursuant to this article.
12. "Lobbyist" means any person, other than a designated public lobbyist or authorized public lobbyist, who is employed by, retained by or representing a person other than himself, with or without compensation, for the purpose of lobbying and who is listed as a lobbyist by the principal in its registration pursuant to section 41‑1232. Lobbyist includes a lobbyist for compensation, designated lobbyist and authorized lobbyist.
13. "Lobbyist for compensation" means a lobbyist who is compensated for the primary purpose of lobbying on behalf of a principal and who is listed by the principal in its registration pursuant to section 41‑1232.
14. "Person" means an individual, partnership, committee, association or corporation and any other organization or group of persons, except legislators and political parties qualified for representation on the ballot pursuant to section 16‑801 or 16‑804.
15. "Personal hospitality" means hospitality, meals, beverages, transportation or lodging furnished but not commercially provided by a person on property or facilities owned or possessed by the person or the person's family.
16. "Principal" means any person, other than a public body, that employs, retains, engages or uses, with or without compensation, a lobbyist. Principal includes any subsidiary of a corporation.
17. "Procurement" has the same meaning prescribed in section 41‑2503.
18. "Public body" means the Arizona board of regents, a university under the jurisdiction of the Arizona board of regents, the judicial department, any state agency, board, commission or council, any county, any county elected officer who elects to appoint a designated public lobbyist or any city, town, district or other political subdivision of this state that receives and uses tax revenues and that employs, retains, engages or uses, with or without compensation, a designated public lobbyist or authorized public lobbyist.
19. "Public official" means a person who is duly elected, or appointed or retained through election to an elected state, county or local office.
20. "Single expenditure" means an expenditure that provides a benefit of more than twenty dollars to an individual state officer or state employee and that is incurred by or on behalf of one or more principals, public bodies, lobbyists, designated public lobbyists or authorized public lobbyists.
21. "Speaking engagement":
(a) Means the amount of any expense paid or incurred for entrance fees, lodging, food and beverage, entertainment, travel and other expenses for the state officer's or employee's attendance at an event, committee, meeting, conference or seminar, including meetings of state, regional or national organizations or their committees concerned with legislative or governmental activities if the state officer or employee participates in the event as a speaker or panel participant by presenting information relating to the state officer's or employee's legislative or official duties or by performing a ceremonial function appropriate to the state officer's or employee's position.
(b) Does not include expenditures for an honorarium or any other similar fee paid to a speaker.
22. "State employee" means an employee of the legislature, a university under the jurisdiction of the Arizona board of regents, the judicial department or a state office, agency, board, commission or council.
23. "State officer" means a person who is duly elected, or appointed or retained through election to any state office, or a member of any state board, commission or council, and includes a member of the legislature.
Sec. 15. Section 41-1232.04, Arizona Revised Statutes, is amended to read:
41-1232.04. Registration; exceptions
Sections 41‑1232, 41‑1232.01, 41‑1232.02 and 41‑1232.03 do not apply to a person if that person is acting in the following capacity:
1. A natural person who merely appears for himself before a committee of the legislature or before a state officer or employee or a state agency, board, commission or council to lobby in support of or in opposition to legislation or official action.
2. A natural person who, acting in his own behalf, sends a letter to, converses on the telephone with or has a personal conversation with a state officer or employee for the purpose of supporting or opposing any legislation or official action.
3. A duly elected or retained public official, judge or justice, a person duly appointed to an elective public office, or an appointed member of a state, county or local board, advisory committee, commission or council acting in his official capacity on matters pertaining to his office, board, advisory committee, commission or council.
4. A person who answers technical questions or provides technical information at the request of a lobbyist, a designated public lobbyist, an authorized public lobbyist or a legislator and who makes no expenditures required to be reported by this article.
5. A person who performs professional services in drafting bills or in advising and rendering opinions to clients as to the construction and effect of proposed or pending legislation.
6. An attorney who represents clients before any court or before any quasi‑judicial body.
7. A person who contacts a state officer or state employee solely for the purpose of acquiring information.
8. A natural person who is a member of an association, who is not the lobbyist for compensation, designated lobbyist or authorized lobbyist for the association and who does not make any expenditures that would otherwise be required to be reported by this article if the natural person were a lobbyist, a designated public lobbyist or an authorized public lobbyist.
Sec. 16. Conditional enactment
This act does not become effective unless the Constitution of Arizona is amended by vote of the people at the next general election to repeal the merit selection of justices and judges and to provide for the election of justices and judges.
