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REFERENCE TITLE: election commission; campaign finance enforcement |
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State of Arizona Senate Fifty-first Legislature First Regular Session 2013
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SB 1336 |
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Introduced by Senator Meza: Representative Cardenas
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AN ACT
amending title 16, chapter 6, article 1, Arizona Revised Statutes, by adding section 16-926; amending title 41, chapter 4, Arizona Revised Statutes, by adding article 8; amending title 41, chapter 27, article 2, Arizona Revised Statutes, by adding section 41-3024.01; relating to the Arizona election commission.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 16, chapter 6, article 1, Arizona Revised Statutes, is amended by adding section 16-926, to read:
16-926. Arizona election commission; secretary of state; campaign finance duties
Beginning in 2014, the Arizona election commission established pursuant to title 41, chapter 4, article 8 shall succeed to the duties of the secretary of state with respect to acting as the investigatory, compliance and enforcement officer for campaign finance laws that apply to political committees supporting or opposing the recall of a public officer elected statewide or to the legislature, supporting the circulation of petitions for ballot measures, questions and propositions appearing on a state general election ballot or recall of public officials elected statewide or to the legislature or supporting or opposing candidates for state offices and members of the legislature and for a statewide initiative or referendum or any measure or proposition appearing on a state general election ballot.
Sec. 2. Title 41, chapter 4, Arizona Revised Statutes, is amended by adding article 8, to read:
ARTICLE 8. ARIZONA ELECTION COMMISSION
highest41-811. Arizona election commission; members; terms; staff; meetings; compensation
A. The Arizona election commission is established consisting of five members. No more than two members of the commission shall be members of the same political party. Of the first four members appointed, no more than two shall reside in the same county. Each member shall be a registered voter in this state who has been continuously registered with the same political party or registered as unaffiliated with a political party for five or more years immediately preceding appointment, who is committed to applying the provisions of this section in an honest, independent and impartial fashion and to upholding public confidence in the integrity of the electoral process. Within the five years before appointment, members shall not have been appointed to, elected to or a candidate for any other public office, including precinct committeeman, and shall not have served as an officer of a political party.
B. The commission on appellate court appointments shall establish a pool of persons who are willing to serve on and are qualified for appointment to the commission. The pool of candidates shall consist of twenty-five nominees, with ten nominees from each of the two largest political parties in this state based on party registration, and five who are not registered with either of the two largest political parties in this state. The highest ranking officer elected by the Arizona house of representatives shall make one appointment to the commission from the pool of nominees, followed by one appointment from the pool made in turn by each of the following: the minority party leader of the house of representatives, the highest ranking officer elected by the senate, and the minority party leader of the senate. Each official shall have a seven-day period in which to make an appointment. Any official who fails to make an appointment within the specified time period will forfeit the appointment privilege. If there are two or more minority parties within the house of representatives or the senate, the leader of the largest minority party by statewide party registration shall make the appointment.
C. The four commission members shall select by majority vote from the nomination pool a fifth member who shall not be registered with any party already represented on the commission and who shall serve as chair. If the four commissioners fail to appoint a fifth member within fifteen days, the commission on appellate court appointments, striving for political balance and fairness, shall appoint a fifth member from the nomination pool, who shall serve as chair.
D. Members shall serve four year terms beginning on the third Monday in January. Any vacancy on the commission shall be filled by appointment by the original officer designated to make the appointment.
E. The commission shall meet at the call of the chairman or on the written request of a majority of the members.
F. Members are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
41-811.01. Arizona election commission; powers and duties relating to campaign finance; enforcement
A. The Arizona election commission shall:
1. Appoint an executive director. The executive director may hire staff as appropriate to carry out the duties of the commission.
2. Establish a system to ensure that all filings received by the commission are processed in a timely manner and are readily available to the public.
3. On request, issue advisory opinions regarding campaign finance and disclosure laws to candidates for public office and to committees supporting or opposing any initiative, referendum or other measure to be submitted to a statewide vote of the public.
4. Adopt, amend or repeal rules pursuant to chapter 6 of this title to carry out the purposes of this article and title 16, chapter 6, article 1.
5. Conduct investigations into the subject of any complaint brought before the commission by a member of the public, a candidate for public office or a committee supporting or opposing any initiative, referendum or other measure to be submitted to a statewide vote of the public.
6. Conduct audits of any candidate for public office or any committee supporting or opposing any initiative, referendum or other measure to be submitted to a statewide vote of the public.
7. Conduct a hearing pursuant to chapter 6 of this title if the commission determines after an investigation or audit that a hearing is warranted.
8. Impose penalties and take enforcement action as prescribed by title 16, chapter 6, article 1.
B. The Arizona election commission or a member of the commission may:
1. Administer oaths, examine witnesses and receive evidence relating to an investigation or hearing conducted pursuant to this section.
2. Issue and enforce subpoenas compelling the attendance and testimony of witnesses or demanding the production of physical evidence relating to an investigation or hearing conducted pursuant to this section.
C. The attorney general and the county attorney for the county in which the alleged violation occurred may enforce the provisions of this article and title 16, chapter 6, article 1 through civil and criminal actions.
D. The commission shall use the following procedure to investigate a complaint filed pursuant to this section:
1. The commission shall notify the person against whom a complaint has been filed within two business days of receipt of the complaint. Notice shall be made by certified mail and shall include a copy of the complaint, any supporting documentation accompanying the complaint and a copy of this section.
2. Within seven days after mailing the notice, the person against whom a complaint has been filed may file a response with the commission.
3. On receipt of the response or the expiration of the seven-day period, whichever is sooner, the commission, by majority vote, shall either dismiss the complaint within seven days or proceed with a formal investigation. If the complaint is dismissed the complaint and answer shall be kept confidential. If the commission votes to proceed with a formal investigation, the person against whom a complaint has been filed shall be notified by certified mail, a formal hearing date shall be set and the complaint and answer shall be made public. A formal hearing shall begin at least five days but not more than twenty days after the notice is mailed.
4. Failure to file an answer shall not be deemed to be an admission or to create an inference or presumption that the complaint is true.
5. By majority vote, the commission may modify the time periods contained in this subsection.
41-811.02. Arizona election commission; attorney
The attorney general shall provide one or more attorneys to render legal advice and assistance to the Arizona election commission. Notwithstanding section 41-192, the Arizona election commission may employ private attorneys to represent the commission.
41-811.03. Secretary of state; access to filings
The secretary of state shall cooperate with and provide shared access to the Arizona election commission for all campaign finance filings over which the Arizona election commission has jurisdiction as prescribed by this article.
Sec. 3. Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41-3024.01, to read:
41-3024.01. Arizona election commission; termination July 2, 2024
A. The Arizona election commission terminates on July 1, 2024.
B. Title 41, chapter 4, article 8 is repealed on January 1, 2025.
Sec. 4. Initial terms of members
A. Notwithstanding section 41-811, Arizona Revised Statutes, as added by this act, the appointing officers shall determine by lot which appointing officer's initial appointment shall serve terms as follows:
1. Two initial members shall serve terms that end on the third Monday in January, 2017.
2. Two initial members shall serve terms that end on the third Monday in January, 2018.
B. The initial chairman shall serve a term that ends on the third Monday in January, 2019. All subsequent appointments shall be made as prescribed by statute.