Bill Text: AZ HB2608 | 2015 | Fifty-second Legislature 1st Regular | Chaptered
Bill Title: Elections; active registered voters
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2015-04-13 - Chapter 293 [HB2608 Detail]
Download: Arizona-2015-HB2608-Chaptered.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
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CHAPTER 293
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HOUSE BILL 2608 |
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AN ACT
amending title 16, chapter 1.1, article 1, Arizona Revised Statutes, by adding section 16-193; amending sections 16-321 and 16-322, Arizona Revised Statutes; relating to elections.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 16, chapter 1.1, article 1, Arizona Revised Statutes, is amended by adding section 16-193, to read:
16-193. Active registered voters; applicability
The terms "registered voters", "persons who are registered to vote", "registered electors" and "voters registered" as used in the following sections include only active registered voters for purposes of the following:
1. Calculating petition signature requirements pursuant to sections 11-133, 16-322, 16-341, 45-415, 45-433, 48-4433 and 48-4832.
2. Mailing and distributing election-related notices, pamphlets or ballots pursuant to sections 11-137, 15-905.01, 16-245, 16-412, 16‑461, 16‑510, 19‑123, 19-141, 35‑454, 41-563.02, 42-6109.01, 42‑17057, 42-17107, 48-620, 48-4021, 48-4236, 48-5314, 48-6432 and 48‑6433.
3. Providing voting machines pursuant to section 16-430.
4. Furnishing ballots pursuant to sections 16-508 and 48-685.
5. Determining qualification for political parties' continued representation on the ballot pursuant to sections 16-244 and 16-804.
6. Choosing political party officers pursuant to sections 16-821 and 16‑823.
Sec. 2. Section 16-321, Arizona Revised Statutes, is amended to read:
16-321. Signing and certification of nomination petition; definition
A. Each signer of a nomination petition shall sign only one petition for the same office unless more than one candidate is to be elected to such office, and in that case not more than the number of nomination petitions equal to the number of candidates to be elected to the office. A signature shall not be counted on a nomination petition unless the signature is on a sheet bearing the form prescribed by section 16‑314.
B. For the purposes of petitions filed pursuant to sections 16‑312, 16‑313, 16‑314 and 16‑341, each signer of a nomination petition shall be a voter who at the time of signing is a registered voter in the electoral district of the office the candidate is seeking.
C. If an elector signs more nomination petitions than permitted by subsection A of this section, the earlier signatures of the elector are deemed valid, as determined by the date of the signature as shown on the petitions. If the signatures by the elector are dated on the same day, all signatures by that elector on that day are deemed invalid. Any signature by that elector on a nomination petition on or after the date of the last otherwise valid signature is deemed invalid and shall not be counted.
D. The person before whom the signatures were written on the signature sheet is not required to be a resident of this state but otherwise shall be qualified to register to vote in this state pursuant to section 16‑101 and, if not a resident of this state, shall register as a circulator with the secretary of state. A circulator shall verify that each of the names on the petition was signed in his presence on the date indicated, and that in his belief each signer was a qualified elector who resides at the address given as the signer's residence on the date indicated and, if for a partisan election, that each signer is a member of the party from which the candidate is seeking nomination, or the signer is a member of a political party that is not entitled to continued representation on the ballot pursuant to section 16‑804 or the signer is registered as independent or no party preferred qualified signer. The way the name appears on the petition shall be the name used in determining the validity of the name for any legal purpose pursuant to the election laws of this state. Signature and handwriting comparisons may be made.
E. A person who signs a nominating petition must use that person's actual residence address unless there is no actual residence address assigned by an official governmental entity or the person's actual residence is protected pursuant to section 16‑153. The signature of a person who signs a nominating petition and who uses only a description of the place of residence or an Arizona post office box address is valid if the person is otherwise properly registered to vote, has not moved since registering to vote and is eligible to sign the nominating petition.
F. For the purposes of this article, "qualified signer" means any of the following:
1. a QUALIFIED elector who is a registered member of the party from which the candidate is seeking nomination.
2. A qualified elector who is a registered member of a political party that is not entitled TO continued representation on the ballot pursuant to section 16-804.
3. A qualified ELECTOR who is registered as INDEPENDENT or no party preferred.
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, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least one‑half of one per cent of the voter registration of the party of the candidate in at least three counties in the state, but not less than one‑half one-fourth of one per cent nor percent but not more than ten per cent percent of the total voter registration of the candidate's party number of qualified signers in the state.
2. If for a candidate for the office of representative in Congress, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least one-half of one per cent percent but not more than ten per cent percent of the total voter registration of the party designated number of qualified signers in the district from which such 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, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least one-half one-fourth of one per cent percent but not more than ten per cent percent of the total voter registration of the party designated number of qualified signers in the district from which such representative shall be elected.
3. If for a candidate for the office of member of the legislature, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least one-half of one per cent percent but not more than three per cent percent of the total voter registration of the party designated 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, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least two per cent one percent but not more than ten per cent percent of the total voter registration of the party designated number of qualified signers in the county or district, provided that in counties except that if for a candidate from a county with a population of two hundred thousand persons or more, a candidate for a county office shall have nomination petitions signed by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least one‑half one‑fourth of one per cent percent but not more than ten per cent percent of the total voter registration of the party designated number of qualified signers in the county or district.
5. If for a candidate for a community college district, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least:
(a) Through June 30, 2012, one‑half of one per cent but not more than ten per cent of the total voter registration in the precinct as established pursuant to section 15‑1441.
(b) Beginning July 1, 2012, one-quarter of one per cent percent but not more than ten per cent 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 subdivision is one thousand.
6. If for a candidate for county precinct committeeman, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least two per cent percent but not more than ten per cent 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, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least two per cent one percent but not more than ten per cent percent of the party voter registration number of qualified signers in the precinct.
8. If for a candidate for mayor or other office nominated by a city 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 per cent percent and not more than ten per cent percent of the designated party vote in the city, except that a city that chooses to hold nonpartisan elections may by ordinance provide that the minimum number of signatures required for the candidate be one thousand signatures or five per cent percent of the vote in the city, whichever is less, but not more than ten per cent percent of the vote in the city.
9. If for an office nominated by ward, precinct or other district of a city, 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 per cent percent and not more than ten per cent 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 per cent percent of the vote in the district, whichever is less, but not more than ten per cent 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 per cent percent and not more than ten per cent 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 per cent percent of the vote in the town, whichever is less but not more than ten per cent percent of the vote in the town.
11. If for a candidate for a governing board of a school district, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least one‑half of one per cent percent of the total voter registration in the school district if the governing board members are elected at large or one per cent percent of the total voter registration in the single member district if governing board members or joint technical education district board members are elected from single member districts. Notwithstanding the total voter registration in the school district or single member 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, by a number of qualified electors who are qualified to vote for the candidate whose nomination petition they are signing equal to at least one‑half of one per cent 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 voters registered in the designated party of the candidate 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, the basis of percentage shall be the total number of active registered voters registered in the school district or single member district, whichever applies. The total number of active registered voters registered for school 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.
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 per cent 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 prior to the date for filing of nomination petitions, the basis for determining the required number of nomination petition signatures is the number of registered voters in the designated party of the candidate number of qualified signers in the elective office, district or precinct on the day the new districts or precincts are effective.
APPROVED BY THE GOVERNOR APRIL 13, 2015.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 14, 2015.
