Bill Text: AZ HB2568 | 2019 | Fifty-fourth Legislature 1st Regular | Introduced
Bill Title: Precinct committeemen; redesignation
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2019-05-07 - Assigned to House RULES Committee [HB2568 Detail]
Download: Arizona-2019-HB2568-Introduced.html
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REFERENCE TITLE: precinct committeemen; redesignation |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2568 |
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Introduced by Representatives Lieberman: Blanc, Cano, Epstein, Hernandez A, Hernandez D, Jermaine, Longdon, Pawlik, Peten, Teller, Terán
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AN ACT
amending sections 11-352, 16-317, 16-322, 16‑343, 16‑464, 16‑465, 16‑467, 16-531, 16-549, 16-580, 16-645, 16‑661, 16-821, 16-822, 16-823, 16-824, 16‑825, 16-825.01, 16-826, 41-752 and 41-1202, Arizona Revised Statutes; relating to state and precinct committeemen.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 11-352, Arizona Revised Statutes, is amended to read:
11-352. Adoption of limited county employee merit system by resolution; precinct committee members
A. Any county may by resolution of the board may adopt a limited county employee merit system. This system may be applied to county‑appointed officers and employees. Elected officers shall not be included in such a this merit system.
B. Notwithstanding any other law, rule or ordinance, a county employee may serve in the office of precinct committeeman committee member.
Sec. 2. Section 16-317, Arizona Revised Statutes, is amended to read:
16-317. Secure online signature collection; municipal, county and precinct committee member offices
A. Notwithstanding any other statute in this title, the secretary of state shall provide a system for qualified electors to sign a nomination petition for candidates for city or town office, county office and the office of precinct committeeman committee member 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, shall provide a method for the qualified elector's identity to be properly verified and shall provide for the secretary of state to transmit those filings or a facsimile of those filings to the officer in charge of elections for the appropriate office. A candidate may choose to collect up to the minimum number of required nomination petition signatures by use of the online signature collection system prescribed by this section.
B. This section applies only to candidates for city or town elected office, county office and the office of precinct committeeman committee member.
Sec. 3. Section 16-322, Arizona Revised Statutes, is amended to read:
16-322. Number of signatures required on nomination petitions
A. Nomination petitions shall be signed by a number of qualified signers equal to:
1. If for a candidate for the office of United States senator or for a state office, excepting members of the legislature and superior court judges, at least one-fourth of one percent but not more than ten percent of the total number of qualified signers in the state.
2. If for a candidate for the office of representative in Congress, at least one‑half of one percent but not more than ten percent of the total number of qualified signers in the district from which the representative shall be elected except that if for a candidate for a special election to fill a vacancy in the office of representative in Congress, at least one‑fourth of one percent but not more than ten percent of the total number of qualified signers in the district from which the representative shall be elected.
3. If for a candidate for the office of member of the legislature, at least one‑half of one percent but not more than three percent of the total number of qualified signers in the district from which the member of the legislature may be elected.
4. If for a candidate for a county office or superior court judge, at least one percent but not more than ten percent of the total number of qualified signers in the county or district, except that if for a candidate from a county with a population of two hundred thousand persons or more, at least one‑fourth of one percent but not more than ten percent of the total number of qualified signers in the county or district.
5. If for a candidate for a community college district, at least one‑quarter of one percent but not more than ten percent of the total voter registration in the precinct as established pursuant to section 15‑1441. Notwithstanding the total voter registration in the community college district, the maximum number of signatures required by this paragraph is one thousand.
6. If for a candidate for county precinct committeeman committee member, at least two percent but not more than ten percent of the party voter registration in the precinct or ten signatures, whichever is less.
7. If for a candidate for justice of the peace or constable, at least one percent but not more than ten percent of the number of qualified signers in the precinct.
8. If for a candidate for mayor or other office nominated by a city at large, at least five percent and not more than ten percent of the designated party vote in the city, except that a city that chooses to hold nonpartisan elections may provide by ordinance that the minimum number of signatures required for the candidate be one thousand signatures or five percent of the vote in the city, whichever is less, but not more than ten percent of the vote in the city.
9. If for an office nominated by ward, precinct or other district of a city, at least five percent and not more than ten percent of the designated party vote in the ward, precinct or other district, except that a city that chooses to hold nonpartisan elections may provide by ordinance that the minimum number of signatures required for the candidate be two hundred fifty signatures or five percent of the vote in the district, whichever is less, but not more than ten percent of the vote in the district.
10. If for a candidate for an office nominated by a town at large, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least five percent and not more than ten percent of the vote in the town, except that a town that chooses to hold nonpartisan elections may provide by ordinance that the minimum number of signatures required for the candidate be one thousand signatures or five percent of the vote in the town, whichever is less, but not more than ten percent of the vote in the town.
11. If for a candidate for a governing board of a school district or a career technical education district, at least one‑half of one percent of the total voter registration in the school district or career technical education district if the board members are elected at large or one percent of the total voter registration in the single member district if governing board members are elected from single member districts or one‑half of one percent of the total voter registration in the single member district if career technical education district board members are elected from single member districts. Notwithstanding the total voter registration in the school district, career technical education district or single member district of the school district or career technical education district, the maximum number of signatures required by this paragraph is four hundred.
12. If for a candidate for a governing body of a special district as described in title 48, at least one‑half of one percent of the vote in the special district but not more than two hundred fifty and not fewer than five signatures.
B. The basis of percentage in each instance referred to in subsection A of this section, except in cities, towns and school districts, shall be the number of qualified signers as determined from the voter registration totals as reported pursuant to section 16‑168, subsection G on March 1 of the year in which the general election is held. In cities, the basis of percentage shall be the vote of the party for mayor at the last preceding election at which a mayor was elected. In towns, the basis of percentage shall be the highest vote cast for an elected official of the town at the last preceding election at which an official of the town was elected. In school districts or career technical education districts, the basis of percentage shall be the total number of active registered voters in the school district or career technical education district or single member district, whichever applies. The total number of active registered voters for school districts or career technical education districts shall be calculated using the periodic reports prepared by the county recorder pursuant to section 16‑168, subsection G. The count that is reported on March 1 of the year in which the general election is held shall be the basis for the calculation of total voter registration for school districts or career technical education districts.
C. In primary elections the signature requirement for party nominees, other than nominees of the parties entitled to continued representation pursuant to section 16‑804, is at least one‑tenth of one percent of the total vote for the winning candidate or candidates for governor or presidential electors at the last general election within the district. Signatures must be obtained from qualified electors who are qualified to vote for the candidate whose nomination petition they are signing.
D. If new boundaries for congressional districts, legislative districts, supervisorial districts, justice precincts or election precincts are established and effective subsequent to March 1 of the year of a general election and before the date for filing of nomination petitions, the basis for determining the required number of nomination petition signatures is the number of qualified signers in the elective office, district or precinct on the day the new districts or precincts are effective.
Sec. 4. Section 16-343, Arizona Revised Statutes, is amended to read:
16-343. Filling vacancy caused by death or incapacity or withdrawal of candidate
A. A vacancy occurring due to death, mental incapacity or voluntary withdrawal of a candidate after the close of petition filing but before a primary or general election shall be filled by the political party with which the candidate was affiliated as follows:
1. In the case of a United States senator or statewide candidate, the state executive committee of the candidate's political party shall nominate a candidate of the party's choice and shall file a nomination paper and declaration complying with the requirements for candidates as stated in section 16‑311 in order to fill the vacancy.
2. In the case of a vacancy for the office of United States representative or the legislature, the party precinct committeemen committee members of that congressional or legislative district shall nominate a candidate of the party's choice and shall file a nomination paper and declaration complying with the requirements of section 16‑311.
3. In the case of a vacancy for a county or precinct office, the party county committee of counties with a population of less than two hundred fifty thousand persons according to the most recent United States decennial census and, in counties with a population of two hundred fifty thousand persons or more according to the most recent United States decennial census the county officers of the party together with the chairman of the party precinct committeemen committee members in each legislative district of the county, shall nominate a candidate of the party's choice and shall file a nomination paper and declaration complying with the requirements of section 16‑311 to fill such vacancy.
4. If the vacancy occurs in a candidate race for partisan nomination in which at least one candidate of the vacating candidate's political party remains on the ballot for the vacating candidate's office, the vacancy shall not be filled. For an office to which more than one candidate will be elected, the vacancy shall not be filled if at least one candidate of the vacating candidate's political party remains on the ballot for each of the multiple seats for the office sought by the vacating candidate.
B. The nomination paper and declaration required in subsection A of this section shall be filed with the office with which nomination petitions were to be filed at any time before the official ballots are printed.
C. Any meetings for the purpose of filing a nomination paper and declaration provided for in this section shall be called by the chairman of such committee or legislative district, except that in the case of multicounty legislative or congressional districts the party county chairman of the county having the largest geographic area within such district shall call such meeting. The chairman or in his absence the vice chairman calling such meeting shall preside. The call to such meeting shall be mailed or given in person to each person entitled to participate no later than one day before such meeting. A majority of those present and voting shall be required to fill a vacancy pursuant to this section.
D. A vacancy that is due to voluntary or involuntary withdrawal of the candidate and that occurs following the printing of official ballots shall not be filled in accordance with this section, however, prospective candidates shall comply with section 16‑312. A candidate running as a write‑in candidate under this subsection shall file the nomination paper no later than 5:00 p.m. on the fifth day before the election.
E. Candidates nominated pursuant to subsection A of this section or a candidate running as a write‑in candidate under subsection D of this section may be a candidate who ran in the immediately preceding primary election for the office and failed to be nominated.
F. If a vacancy occurs as described in subsection A of this section for a state office, the secretary of state shall notify the various boards of supervisors as to the vacancy. The boards of supervisors shall notify the inspectors of the various precinct election boards in the county, district or precinct where a vacancy occurs. In the case of a city or town election, the city or town clerk shall notify the appropriate inspectors. A vacancy that occurs as prescribed in subsection D of this section due to the death or incapacity of the candidate shall not be filled and the secretary of state shall notify the appropriate county board of supervisors to post a notice of the death or incapacity of the candidate in each polling place along with notice that any votes cast for that candidate will be tabulated.
G. The inspectors shall post the notice of vacancy in the same manner as posting official write‑in candidates. In the case of a withdrawal of a candidate that occurs after the printing of official ballots, the inspectors shall post the notice of withdrawal in a conspicuous location in each polling place. Notice of withdrawal shall also be posted at all early voting locations and shall be made available to early voters by providing with the early ballot instructions a website address at which prompt updates to information regarding write-in and withdrawn candidates are available.
Sec. 5. Section 16-464, Arizona Revised Statutes, is amended to read:
16-464. Rotation of names on ballots
A. When there are two or more candidates for a nomination, except in the case of precinct committeemen committee members, the names of all candidates for the nomination shall be so alternated upon on the ballots used in each election precinct that the name of each candidate shall appear substantially an equal number of times at the top, at the bottom and in each intermediate place of the list or group of candidates in which they belong. When there are fewer than or the same number of candidates seeking office as the number to be elected, rotation of names is not required and the names shall be placed in alphabetical order.
B. The position of the names of candidates for precinct committeemen committee members shall be drawn by lot for appearance on the ballot when there are more candidates than positions available. Such The drawing shall take place at a public meeting called by the board of supervisors for that purpose.
C. In elections in which paper ballots are used, the ballots shall be printed and bound so that every ballot in the bound blocks shall have the names in a different and alternating position from the preceding ballot.
D. When there are two or more precincts in a political subdivision that hold an all mail ballot election, candidate name rotation shall be the presumed method of ballot organization, unless candidate name rotation is found to be impracticable. When candidate name rotation is found to be impracticable, the position of the names of candidates shall be drawn by lot at a public meeting.
E. The provisions of This section shall does not be applied apply where voting machines are used.
Sec. 6. Section 16-465, Arizona Revised Statutes, is amended to read:
16-465. Arrangement of candidates' names at primary election
A. When there are two or more candidates of the same political party on the ballot, the names of such the candidates, except in the case of precinct committeemen committee members, shall be so alternated on the ballots used in each election precinct that the name of each candidate shall appear substantially an equal number of times in each possible location. When there are fewer than or the same number of candidates seeking office as the number to be elected, rotation of names is not required and the names shall be placed in alphabetical order.
B. In a primary election where voting machines are used, names of candidates for precinct committeemen committee members shall appear on the voting machine in alphabetical order according to the first letter of the surnames of the candidates.
Sec. 7. Section 16-467, Arizona Revised Statutes, is amended to read:
16-467. Method of voting on ballot
A. At primary elections there shall be provided a separate ballot for each party entitled to participate in the primary shall be provided.
B. Each party ballot shall be designated by the name of the party, and for a voter who is registered as a member of a political party that is entitled to continued representation on the ballot pursuant to section 16‑804, the voter shall be given by the judge of election one ballot only of the party with which the voter is affiliated as it appears in the precinct register. For a voter who is registered as independent, or no party preference or as a member of a political party that is not entitled to continued representation on the ballot pursuant to section 16‑804, the voter shall designate the ballot of only one of the political parties that is entitled to continued representation on the ballot and the judge of election shall give the elector only that political party's ballot.
C. If a person is nominated on more than one ticket, the person shall promptly file with the officer in charge of the preparation of election ballots a written declaration indicating the party name under which the person's name is to be printed on the official election ballot, and the person's name shall be printed only under the party name.
D. For any political party that is entitled to continued representation on the ballot, section 16-822 applies to the election of precinct committeemen committee members.
Sec. 8. Section 16-531, Arizona Revised Statutes, is amended to read:
16-531. Appointment of election boards; qualifications
A. When an election is ordered, and not less than twenty days before a general or primary election, the board of supervisors shall appoint for each election precinct one inspector, one marshal, two judges and as many clerks of election as deemed necessary. The inspector, marshal, judges and clerks shall be qualified voters of the precinct for which appointed, unless there is not a sufficient number of persons available to provide the number of appointments required. The inspector, marshal and judges shall not have changed their political party affiliation or their no party preference affiliation since the last preceding general election, and if they are members of the two political parties that cast the highest number of votes in the state at the last preceding general election, they shall be divided equally between these two parties. There shall be an equal number of inspectors in the various precincts in the county who are members of the two largest political parties. In each precinct where the inspector is a member of one of the two largest political parties, the marshal in that precinct shall be a member of the other of the two largest political parties. Whenever possible, any person appointed as an inspector shall have had previous experience as an inspector, judge, marshal or clerk of elections. If there is no qualified person in a given precinct, the appointment of an inspector may be made from names provided by the county party chairman. If not less than ninety days before the election the chairman of the county committee of either of the parties designates qualified voters of the precinct, or of another precinct if there are not sufficient members of his party available in the precinct to provide the necessary representation on the election board as judge, such designated qualified voters shall be appointed. The judges, together with the inspector, shall constitute the board of elections. Any registered voter in the election precinct, or in another election precinct if there are not sufficient persons available in the election precinct for which the clerks are being appointed, may be appointed as clerk.
B. If the election precinct consists of fewer than three hundred qualified electors, the board of supervisors may appoint not fewer than one inspector and two judges. The board of supervisors shall give notice of election precincts consisting of fewer than three hundred qualified electors to the county chairmen of the two largest political parties not later than thirty days before the election. The inspector and judges shall be appointed in the same manner by party as provided in subsection A of this section.
C. If a nonpartisan election is ordered, not less than twenty days before the election the governing board holding the election shall appoint, without consideration for political party, a minimum of three election workers for each polling place. The election workers shall consist of at least one inspector and two judges. Whenever possible, they shall be qualified electors of the precinct located within the district, without consideration for political party.
D. For election boards established pursuant to subsection B of this section, the inspector and two judges shall be appointed to provide as equal as practicable representation of members of the two largest political parties on the board in the same manner as provided for the election boards prescribed by subsection A of this section. Any registered voter in the election precinct, or in another election precinct if there are not sufficient persons available in the election precinct for which the clerks are being appointed, may be appointed as clerk. No United States, state, county or precinct officer, nor a candidate for office at the election, other than a precinct committeeman committee member or a candidate for the office of precinct committeeman committee member, is qualified to act as judge, inspector, marshal or clerk.
E. If an electronic voting system is in use the write‑in ballots shall be tallied by a board of elections consisting of one inspector and two judges who are appointed in the same manner by party as provided in subsection A of this section.
F. Notwithstanding any other law, the board of supervisors may appoint to an election board to serve as a clerk of election a person who is not eligible to vote if all of the following conditions are met:
1. The person is a minor who will be at least sixteen years of age at the time of the election for which the person is named to the election board.
2. The person is a citizen of the United States at the time of the election for which the person is named to the election board.
3. The person is supervised by an adult who has been trained as an elections officer.
4. The person has received training provided by the officer in charge of elections.
5. The parent or guardian of the person has provided written permission for the person to serve.
G. A school district or charter school shall not be required to reduce its average daily membership, as defined in section 15-901, for any pupil who is absent from one or more instructional programs as a result of the pupil's service on an election board pursuant to subsection F of this section.
H. A school district or charter school shall not count any pupil's absence from one or more instructional programs as a result of the pupil's service on an election board pursuant to subsection F of this section against any mandatory attendance requirements for the pupil.
I. Nothing in this section shall prevent the board of supervisors or governing body from refusing for cause to reappoint, or from removing for cause, an election board member.
Sec. 9. Section 16-549, Arizona Revised Statutes, is amended to read:
16-549. Special election boards; voting procedure for ill electors or electors with disabilities; expenses
A. The county recorder or other officer in charge of elections, for the purpose of making it possible for qualified electors who are ill or have a disability to vote, may appoint such number of special election boards as needed. In a partisan election, each such board shall consist of two members, one from each of the two political parties which that cast the highest number of votes in the state in the last preceding general election. The county chairman of each such party shall furnish, within sixty days prior to before the election day, the county recorder or other officer in charge of elections with a list of names of qualified electors within the chairman's political party, and such additional lists as may be required, from which the county recorder or other officer in charge of elections shall appoint members to such special election boards. The county recorder or other officer in charge of elections may refuse for cause to appoint or may for cause remove a member of this board. A person who is a candidate for an office other than precinct committeeman committee member is not eligible to serve on the special election board for that election.
B. Members of special election boards appointed under the provisions of this section shall be reimbursed for travel expenses in the manner provided by law and shall also receive such compensation as the board of supervisors or the governing body prescribes, all of which shall be paid by the county or other political subdivision.
C. In lieu of the mailed early ballot procedure, any qualified elector who is confined as the result of a continuing illness or physical disability and is, therefore, not able to go to the polls on the day of the next election and who does not wish to vote by the mailed early ballot procedure, may make a verbal or a signed written request to the county recorder or other officer in charge of elections to have a ballot personally delivered to the elector by the special election board at the elector's place of confinement within the county or other political subdivision. The ballot shall be delivered to the elector in person by a special election board as provided in this section. Such requests must be made by 5:00 p.m. on the second Friday before the election.
D. Qualified electors who become ill or become a person with a disability after the second Friday before the election may nevertheless request personal ballot delivery pursuant to this section, and the county recorder or other officer in charge of elections shall when possible honor such requests up to and including the last day before the election. Qualified electors who are admitted to a hospital after 5:00 p.m. on the second Friday preceding the election and before 5:00 p.m. on election day may request the county recorder or other officer in charge of elections to provide a special election board with a ballot at the elector's place of confinement. If the county recorder or other officer in charge of elections is able to accommodate the request, the voted ballot of the elector shall be sealed in an envelope and shall be processed as a provisional ballot pursuant to section 16‑584.
E. The manner and procedure of voting shall be as provided in section 16‑548, except that the marked ballot in the sealed envelope shall be handed by the elector to the special election board and shall be delivered by the board to the county recorder or other officer in charge of elections.
Sec. 10. Section 16-580, Arizona Revised Statutes, is amended to read:
16-580. Manner of voting; assistance for certain electors
A. Except as prescribed by subsection E of this section, only one person per voting booth shall be permitted at any one time to sign for the receipt of a ballot and to wait for an opportunity to vote.
B. On receiving a ballot the voter shall promptly and without leaving the voting area retire alone, except as provided in subsection E of this section, to one of the voting booths that is not occupied, prepare the ballot in secret and vote in the manner and substantial form as required by the instruction to voters.
C. The voter shall deposit the ballot in the ballot box, or if the voter so requests, hand the ballot to the election board official and permit the election board official to deposit the ballot in the ballot box.
D. After the ballot is deposited, the voter shall then proceed outside the voting area and shall not again enter the voting area unless the voter is an authorized election official or an official observer or is assisting another voter.
E. Any registered voter, at the voter's option, may be accompanied by a minor who is permitted in the voting booth pursuant to section 16‑515, subsection E, be accompanied and assisted by a person of the voter's own choice or be assisted by two election officials, one from each major political party, during any process relating to voting or during the actual process of voting on a paper ballot, machine or electronic voting system. A person who is a candidate for an office in that election other than the office of precinct committeeman committee member is not eligible to assist any voter.
Sec. 11. Section 16-645, Arizona Revised Statutes, is amended to read:
16-645. Canvass and return of precinct vote; declaring nominee of party; certificate of nomination; write‑in candidates
A. When the board of supervisors, or the governing body of a city or town, has completed its canvass of precinct returns, the person having the largest number of votes, or if more than one candidate is necessary, those candidates to the required number who have received the largest number of votes for the nomination for an office in the political party of which he the person was set forth on the ballot as a candidate for the nomination, shall be declared the nominee of the party for that office and shall be given a certificate of nomination therefor for that office by the board or governing body, which shall entitle him the person to have his the person's name placed upon on the official ballot at the ensuing election as the nominee of the party for the office. When canvassing write‑in votes the apparent intent of the voter shall be taken into consideration to the extent possible and the standard prescribed for federal write-in candidates in section 16‑543.02, subsection C applies.
B. The board of supervisors shall deliver the canvass to the secretary of state within ten days after the primary election, and the secretary of state shall on or before the second Monday following the primary election canvass the return and issue a letter declaring nomination as provided in this section to the nominees who filed nominating petitions and papers with the secretary of state pursuant to section 16‑311, subsection D. For any partisan primary election, the governing body or officer in charge of elections shall prepare and transmit to the secretary of state along with the official canvass the total by party of partisan ballots selected in that primary election by voters who registered as no party preference, as independents or as members of a political party that is not qualified for representation on the ballot.
C. A certificate of election shall not be issued to a write‑in candidate for precinct committeeman committee member unless he the write‑in candidate receives a number of votes equivalent to at least the same number of signatures required by section 16‑322 for nominating petitions for the same office.
D. Except as provided in subsection C of this section, a letter declaring nomination shall not be issued to a write‑in candidate of a party that has not qualified for continued representation on the official ballot pursuant to section 16‑804 unless he the write‑in candidate receives a plurality of the votes of the party for the office for which he the write‑in candidate is a candidate.
E. Except as provided by subsection C of this section, a letter declaring nomination shall not be issued to a write‑in candidate of a party qualified for continued representation on the official ballot unless he the write‑in candidate receives a number of votes equivalent to at least the same number of signatures required by section 16‑322 for nominating petitions for the same office.
F. A certificate of election shall not be issued to presidential electors who are pledged to a write‑in candidate for president unless that candidate received the highest number of votes cast for the office of president.
Sec. 12. Section 16-661, Arizona Revised Statutes, is amended to read:
16-661. Automatic recount; requirements; exemption
A. A recount of the vote is required when the canvass of returns in a primary or general election shows that the margin between the two candidates receiving the greatest number of votes for a particular office, or between the number of votes cast for and against initiated or referred measures or proposals to amend the Constitution of Arizona, is less than or equal to the lesser of the following:
1. One‑tenth of one per cent percent of the number of votes cast for both such candidates or upon such on those measures or proposals.
2. Two hundred votes in the case of an office to be filled by state electors and for which the total number of votes cast is more than twenty‑five thousand.
3. Fifty votes in the case of an office to be filled by state electors and for which the total number of votes cast is twenty‑five thousand or less.
4. Two hundred votes in the case of an initiated or referred measure or proposal to amend the constitution.
5. Fifty votes in the case of a member of the legislature.
6. Ten votes in the case of an office to be filled by the electors of a city or town or a county or subdivision of a city, town or county.
B. Subsection A does not apply to elections for precinct committeemen committee members, school district governing boards, community college district governing boards, fire district boards or fire district chiefs or secretary‑treasurers or boards of other special districts.
Sec. 13. Section 16-821, Arizona Revised Statutes, is amended to read:
16-821. County committee; vacancy in office of precinct committee member
A. At the primary election the members of a political party who are entitled to representation pursuant to section 16‑804 residing and who reside in each precinct shall choose one of their number as a county precinct committeeman committee member, and the members shall choose one additional precinct committeeman committee member for each one hundred twenty‑five voters or major fraction thereof who are registered in the party in the precinct as reported pursuant to section 16‑168, subsection G on March 1 of the year in which the general election is held. The whole number of precinct committeemen committee members of a political party shall constitute the county committee of the party.
B. The board of supervisors upon on the recommendation of the county chairman, or the recommendation of a committee designated in the bylaws of the county committee for that purpose, shall determine when a vacancy exists in the office of precinct committeeman committee member. If a vacancy exists, the vacancy shall be filled by the board of supervisors from a list of names submitted by the county chairman of the appropriate political party. Only a precinct committeeman committee member who is elected at the primary election prior to before the date of a state or county committee organizing meeting shall be permitted to vote at such that meeting. The criteria used to establish when a vacancy exists in the office of precinct committeeman committee member shall be as established in section 38‑291.
Sec. 14. Section 16-822, Arizona Revised Statutes, is amended to read:
16-822. Precinct committee member; eligibility; vacancy; duties; term
A. Any member of a recognized political party who is a registered voter in the precinct is eligible to seek the office of precinct committeeman committee member of that party in that precinct.
B. If the number of persons who file nominating petitions for an election to fill precinct committeeman committee member positions is less than or equal to the number of precinct committeeman committee member positions, the county board of supervisors may cancel the election for those positions not sooner than seventy‑five days before the election and appoint the person who filed the nominating petition to fill the position. If no person has filed a nominating petition to fill a position, the position is deemed vacant and shall be filled as otherwise provided by law. A precinct committeeman committee member who is appointed pursuant to this subsection after filing a nominating petition shall be deemed an elected precinct committeeman committee member.
C. If the number of persons who file nominating petitions for an election to fill precinct committeeman committee member positions is more than the number of precinct committeeman committee member positions for a recognized political party in a precinct, a separate ballot shall be prepared for the election of precinct committeemen committee member for the political party in that precinct. The ballot shall conform as nearly as practicable to ballot requirements in this title, and to the official ballot prepared for that party in the primary election, but shall be designated as the "official ballot for electing precinct committeemen committee member of the __________ party, primary election (date), __________ precinct, __________ county, state of Arizona." Only persons who are registered as members of that political party in that precinct may vote that precinct committeeman committee member ballot. The election board or official shall provide the partisan precinct committeeman committee member ballot to voters who are registered with that party in addition to the official ballot prepared for that party in the primary election.
D. In addition to other provisions of law regarding removal from office, a vacancy shall exist in the office of precinct committeeman committee member when the precinct committeeman committee member moves from the precinct from which elected or changes political party from the party in which the precinct committeeman committee member was elected.
E. The minimum duties of a precinct committeeman committee member shall be to assist the precinct committeeman's committee member's political party in voter registration and to assist the voters of that political party to vote on election days. Additional duties shall be as provided for in the state committee bylaws of the precinct committeeman's committee member's political party.
F. The term of office of a precinct committeeman committee member is two years and begins on October 1 after the primary election at which the precinct committeeman committee member was a candidate and continues until October 1 after the following primary election at which a precinct committeeman committee member is elected.
Sec. 15. Section 16-823, Arizona Revised Statutes, is amended to read:
16-823. Legislative district committee; organization; boundary change; reorganization
A. A political party entitled to representation on the ballot pursuant to section 16‑801 or 16‑804 may establish a district party committee for any legislative district as prescribed by law.
B. A district party committee established pursuant to subsection A of this section shall consist of the precinct committeemen committee members residing in the district and elected pursuant to section 16‑821.
C. Each district party committee established pursuant to subsection A of this section shall meet no earlier than the second Saturday after the general election provided for in section 16‑211 and no later than the first Saturday in the following December and organize by electing from its membership a chairman, two vice chairmen, a secretary and a treasurer. The latter two offices may be filled by the same person. In addition, the district party committee shall elect state committeemen committee members as prescribed by section 16‑825. The chairman of the district committee is ex officio a member of the county committee of the county in which a plurality of the district's registered voters resides.
D. Each district party committee established pursuant to subsection A of this section shall meet after the effective date of reapportionment legislation that realigns or changes legislative district boundaries and organize according to the new boundaries, electing from its membership a chairman, two vice chairmen, a secretary and a treasurer. The latter two offices may be filled by the same person. In addition, the district party committee shall elect state committeemen committee members as prescribed by section 16‑825. The chairman of the district committee is ex officio a member of the county committee of the county in which a plurality of the district's registered voters resides. The effective date for reapportionment legislation as provided in this subsection shall be as provided in article IV, part 1, section 1, Constitution of Arizona.
E. In the event the reapportionment legislation is challenged in court or by the United States justice department, the district organizations in effect before the passage of the reapportionment legislation shall continue to function along with the new district organizations created in accordance with subsection D of this section until the final settlement or adjudication of any legal challenge to the reapportionment legislation. On the final settlement or adjudication of any legal challenge to the reapportionment legislation the district organizations in effect before the enactment of the reapportionment legislation are considered dissolved.
F. If the boundaries of any district are changed as a result of legal action, each district party committee in that district shall meet as soon as possible and organize according to the boundaries that result from the legal action. On organization pursuant to this subsection all prior district organizations are dissolved.
G. For the purposes of the election prescribed in subsection D of this section the district committee shall consist of all precinct committeemen committee members residing in the district who were serving in that position at least thirty days before the enactment of reapportionment legislation.
H. The chairman of the legislative district committee shall give notice of the time and place of the meetings prescribed by this section by United States mail to each precinct committeeman committee member at least ten days before the date of the meeting. If the precinct committeeman committee member has provided a valid e‑mail address and has authorized the chairman to give notice to the precinct committeeman committee member by e‑mail instead of by United States mail, the chairman of the legislative district committee shall provide notice of the meeting by e‑mail at least ten days before the date of the meeting.
Sec. 16. Section 16-824, Arizona Revised Statutes, is amended to read:
16-824. Meeting, organization and officers of county committee
A. The county committee shall meet for the purpose of organizing no earlier than ten days after the last organizing meeting of the legislative districts that are part of the county, and in any event no later than the second Saturday in January of the year following a general election. The county committee shall elect from its membership a chairman, a first vice chairman, a second vice chairman, a secretary and a treasurer. The latter two offices may be filled by the same person. In addition, and if there is no legislative district committee for a district in that county, the county committee shall elect state committeemen committee members as prescribed by section 16‑825. The chairman of the county committee shall be ex officio a member of the state committee.
B. The chairman of the county committee shall give notice of the time and place of the meeting by United States mail to each precinct committeeman committee member at least ten days before the date of the meeting. If the precinct committeeman committee member has provided a valid e-mail address and has authorized the chairman to give notice to the precinct committeeman committee member by e-mail instead of by United States mail, the chairman of the county committee shall provide notice of the meeting by e-mail at least ten days before the date of the meeting.
Sec. 17. Section 16-825, Arizona Revised Statutes, is amended to read:
16-825. State committee
The state committee of each party shall consist, in addition to the chairman of the several county committees, of one member of the county committee for every three members of the county committee elected pursuant to section 16‑821. The state committeemen committee members shall be chosen at the first meeting of the legislative district committee as prescribed by section 16‑823 or, if there is no legislative district committee, at the first meeting of the county committee from the committee's elected membership.
Sec. 18. Section 16-825.01, Arizona Revised Statutes, is amended to read:
16-825.01. State committee; vacancy; filling of vacancy
A. In counties with populations of less than five hundred thousand persons, a vacancy shall exist in the state committee when a member moves from the county from which elected. In counties with populations of five hundred thousand or more persons, a vacancy shall exist in the state committee when a member moves from the legislative district from which elected. All members must be a member of their county committee.
B. In the event of If a vacancy in the office of state committeeman committee member occurs, in counties with populations of less than five hundred thousand persons, such the vacancy shall be filled by appointment made by the state chairman with the advice and consent of the county chairman of the county in which the vacancy occurred. In counties with populations of five hundred thousand or more persons, such the vacancy shall be filled by appointment made by the state chairman with the advice and consent of the county chairman of the county in which the vacancy occurred and the district chairman of the district in which the vacancy occurred, and shall be filled by a person who resides in the same district in which the vacancy occurred.
Sec. 19. Section 16-826, Arizona Revised Statutes, is amended to read:
16-826. Meeting, organization and officers of state committee
A. The state committee shall meet no earlier than ten days after the last county meeting of the party and in any event no later than the fourth Saturday in January following a general election and organize by electing from its membership a chairman, a secretary and a treasurer.
B. The chairman of the state committee shall cause notice of the time and place of the meeting to be mailed by United States mail to each state committeeman committee member at least ten days before the date of the meeting. If the state committeeman committee member has provided a valid e-mail address and has authorized the chairman to give notice to the precinct committeeman committee member by e‑mail instead of by United States mail, the chairman of the state committee shall provide notice of the meeting by e-mail at least ten days before the date of the meeting.
Sec. 20. Section 41-752, Arizona Revised Statutes, is amended to read:
41-752. Protections of civil or political liberties; prohibitions; civil penalty; violation; classification
A. Except for expressing an opinion or pursuant to section 16‑402, an employee shall not engage in any activities permitted by this section while on duty, while in uniform or at public expense.
B. An employee shall not:
1. Use any political endorsement in connection with any appointment to a position in the state personnel system.
2. Use or promise to use any official authority or influence for the purpose of influencing the vote or political action of any person or for any consideration.
C. An employee, a member of the state personnel board or a member of the law enforcement merit system council shall not be a member of any national, state or local committee of a political party, an officer or chairperson of a committee of a partisan political club or a candidate for nomination or election to any paid public office, shall not hold any paid, elective public office or shall not take any part in the management or affairs of any political party or in the management of any partisan or nonpartisan campaign or recall effort, except that any employee may:
1. Express an opinion.
2. Attend meetings for the purpose of becoming informed concerning the candidates for public office and the political issues.
3. Cast a vote and sign nomination or recall petitions.
4. Make contributions to candidates, political parties or campaign committees contributing to candidates or advocating the election or defeat of candidates.
5. Circulate candidate nomination petitions or recall petitions.
6. Engage in activities to advocate the election or defeat of any candidate.
7. Solicit or encourage contributions to be made directly to candidates or campaign committees contributing to candidates or advocating the election or defeat of candidates.
D. A person shall not:
1. Solicit any employee, member of the state personnel board or member of the law enforcement merit system council to engage or not engage in activities permitted by this section with the direct or indirect use of any threat, intimidation or coercion, including threats of discrimination, reprisal, force or any other adverse consequence, including the loss of any benefit, reward, promotion, advancement or compensation.
2. Subject any employee, member of the state personnel board or member of the law enforcement merit system council engaging in activity permitted by this section to any direct or indirect discrimination, reprisal, force, coercion or intimidation or any other adverse consequence, including the loss of any benefit, reward, promotion, advancement or compensation.
3. Subject any employee, member of the state personnel board or member of the law enforcement merit system council who chooses not to engage in any activity permitted by this section to any direct or indirect discrimination, reprisal, force, coercion or intimidation or any other adverse consequence, including the loss of any benefit, reward, promotion, advancement or compensation.
E. Subsections B and C of this section do not apply to those employees listed in section 41‑742, subsection F.
F. This section does not apply to school board elections or community college district governing board elections, and an employee may serve as a member of the governing board of a common or high school district, as a member of a community college district governing board or in the office of precinct committeeman committee member.
G. An employee who violates any of the provisions of this section is subject to suspension of not less than thirty days or dismissal.
H. A person who violates:
1. Subsection D of this section is guilty of a class 6 felony.
2. Any other provision of this section is guilty of a class 1 misdemeanor.
I. In addition to any other penalty, any person soliciting or encouraging a contribution in a manner prohibited by this section is subject to a civil penalty of up to three times the amount of the contribution solicited or encouraged plus costs, expenses and reasonable attorney fees.
J. This section does not deny any employee or board member any civil or political liberties as guaranteed by the United States and Arizona Constitutions.
K. It is the public policy of this state, reflected in this section, that government programs be administered in an unbiased manner and without favoritism for or against any political party or group or any member in order to promote public confidence in government, governmental integrity and the efficient delivery of governmental services and to ensure that all employees are free from any express or implied requirement or any political or other pressure of any kind to engage or not engage in any activity permitted by this section. Toward this end, any person or entity charged with the interpretation of this section shall take into account the policy of this section and shall construe any of its provisions accordingly.
Sec. 21. Section 41-1202, Arizona Revised Statutes, is amended to read:
41-1202. Vacancy in legislature; precinct committee members; appointment; definition
A. If a vacancy occurs in the legislature and the vacant seat was represented by a political party that is organized pursuant to title 16, chapter 5, article 2 and that has at least thirty elected committeemen committee members who are from precincts that are in the legislative district and that are in the county in which the vacancy occurred, the following apply:
1. The secretary of state shall immediately notify the state party chairman of the appropriate political party of the vacancy. Within three business days after notification of the vacancy by the secretary of state, the state party chairman of the appropriate political party or the chairman's designee shall give written notice of the meeting to fill the vacancy to all elected precinct committeemen committee members of the appropriate political party from precincts that are in the legislative district and that are in the county in which the vacancy occurred.
2. Those elected precinct committeemen committee members shall nominate, within twenty‑one days after notification of the vacancy by the secretary of state if the legislature is not in regular session or within five days if the legislature is in regular session and by a majority vote, three qualified electors to fill the vacancy who meet the requirements for service in the legislature, who belong to the same political party and who reside at the time of nomination in the same district and county as the person elected to or appointed to the office immediately before the vacancy.
3. The meeting to fill the vacancy is subject to title 38, chapter 3, article 3.1, and the state party chairman of the appropriate political party shall oversee the nominations. Fifty percent or more of the elected precinct committeemen committee members of the district who are in the legislative district and from the county in which the vacancy occurred, or their proxies, meeting together constitutes a quorum for the purposes of this subsection. A precinct committeeman committee member may choose to permit the use of a proxy that:
(a) Is given by the precinct committeeman committee member to another elected precinct committeeman committee member for the legislative district in which the vacancy occurred for use at the meeting to fill the vacancy.
(b) Only is valid for the length of the meeting for which it was given.
(c) Is attested by a notary public or two witnesses.
4. The state party chairman of the appropriate political party shall immediately forward the names of the three persons named pursuant to paragraph 2 of this subsection to the board of supervisors of the county of residence of the person elected or appointed to the office immediately before the vacancy occurred. The board of supervisors shall appoint a person from the three nominees submitted.
5. If the elected precinct committeemen committee members of the appropriate political party fail to fill the vacancy within twenty‑one days if the legislature is not in regular session or within five days if the legislature is in regular session, as provided in paragraph 2 of this subsection, the state party chairman shall immediately notify the board of supervisors of the appropriate county and the board of supervisors shall fill the vacancy as provided in subsection B of this section. The time frame for appointing a citizens panel shall run from receipt of notification from the state party chairman.
B. If a vacancy occurs in the legislature and the vacant seat was represented by a political party that is organized pursuant to title 16, chapter 5, article 2 and that has fewer than thirty elected committeemen committee members who are from precincts that are in the legislative district and that are in the county in which the vacancy occurred or if the vacant seat was not represented by a political party that is organized pursuant to title 16, chapter 5, article 2, the following apply:
1. The secretary of state shall immediately notify the board of supervisors of the county of residence of the person elected to or appointed to the office immediately before the vacancy of the vacancy.
2. Within seven business days after notification of the vacancy by the secretary of state, the board of supervisors shall appoint a citizens panel. The citizens panel, within twenty‑one days after the citizens panel is appointed if the legislature is not in regular session or within five days if the legislature is in regular session, shall submit to the board the names of three qualified electors to fill the vacancy who meet the requirements for service in the legislature and who belong to the same political party and reside at the time of nomination in the same district and county as the person elected to or appointed to the office immediately before the vacancy. If the person elected to or appointed to the office immediately before the vacancy was not registered with a political party that is organized pursuant to title 16, chapter 5, article 2, the qualified electors shall be qualified electors who are not registered with a political party that is organized pursuant to title 16, chapter 5, article 2.
3. The board of supervisors, by a majority vote of the board, shall appoint one person from the list of names submitted by the citizens panel to fill the vacancy.
C. For the purposes of this section, "appropriate political party" means the same political party of which the person who was elected to or appointed to the office was a member immediately before the vacancy occurred except that if the person vacating the office changed political party affiliation after taking office, the person who is appointed to fill the vacancy shall be of the same political party that the vacating officeholder was when the vacating officeholder was elected or appointed to that office.
