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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SENATE BILL 1363 |
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AN ACT
amending sections 16-222, 16-230, 16-250, 16-351, 16-571 and 41-1202, Arizona Revised Statutes; relating to elections and elected office.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-222, Arizona Revised Statutes, is amended to read:
16-222. Vacancy in the office of United States senator or representative
A. When a vacancy occurs in the office of United States senator or representative in Congress by reason of death or resignation, or from any other cause, the vacancy shall be filled at the next general election. At such election the person elected shall fill the unexpired term of the vacated office.
B. For a vacancy in the office of representative in Congress, if the next general election is not to be held within six months from the date of the occurrence of the vacancy, the governor shall call a special primary election and a special general election to fill the vacancy. The governor shall call the special primary election and establish its date within seventy-two hours after the office is officially declared vacant. Notwithstanding sections 16‑313, 16‑351 and 16‑542, for a candidate for office at an election held pursuant to this subsection, the following apply:
1. The special primary election shall be held no less than eighty nor more than ninety days after the occurrence of the vacancy, and the special general election shall be held not less than fifty nor more than sixty days after the special primary election.
2. Nomination papers and nomination petitions shall be filed no later than thirty days after the date of the proclamation calling the election.
3. Any court action challenging the nomination of a candidate shall be filed no later than 5:00 p.m. on the fifth business day after the last day for filing nomination papers and petitions.
4. The superior court shall hear and render a decision within five days after the filing of the action.
5. Beginning fifteen days before the date of the election, the county recorder or other officer in charge of elections shall mail early ballots within forty-eight hours after receipt of a complete and correct early ballot request from persons qualified to vote.
C. For a vacancy in the office of United States senator, the governor shall appoint a person to fill the vacancy. That appointee shall be of the same political party as the person vacating the office and shall serve until the person elected at the next general election is qualified and assumes office. If the person vacating the office changed political party affiliations 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.
D. For a vacancy in the office of representative in Congress that occurs simultaneously with at least one hundred additional vacancies in the office of representative in Congress as prescribed by 2 United States Code section 8, a special general election to fill the vacancy in this state shall be held no more than forty-nine days after the declaration of the vacancy unless a regularly scheduled general election or previously scheduled special general election is held within seventy-five days after the declaration of the vacancy.
Sec. 2. Section 16-230, Arizona Revised Statutes, is amended to read:
16-230. Vacancy in certain state or county offices; election
A. Notwithstanding any other statute and except as prescribed by subsection C of this section, for state and county offices that provide for a four‑year term of office, the following applies if there is a vacancy in office due to death, disability, resignation or any other cause:
1. If a state office becomes vacant, the governor shall appoint a person of the same political party as the person vacating the office to fill the portion of the term until the next regular general election. If the person vacating the office changed political party affiliations 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. If the vacancy occurs within the first two years of the term, and before the date on which a nomination paper is required to be filed as prescribed by section 16‑311, a primary election shall be held as otherwise provided by law to determine candidates to fill the unexpired term. At the next regular general election, the person elected shall fill the remainder of the unexpired term of the vacant office.
2. If a county office becomes vacant, the board of supervisors shall appoint a person of the same political party as the person vacating the office to fill the portion of the term until the next regular general election. If the person vacating the office changed political party affiliations 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. If the vacancy occurs within the first two years of the term, and before the date on which a nomination paper is required to be filed as prescribed by section 16‑311, a primary election shall be held as otherwise provided by law to determine candidates to fill the unexpired term. At the next regular general election, the person elected shall fill the remainder of the unexpired term of the vacant office.
B. A person who is elected to fill the remainder of an unexpired term of a vacant office pursuant to subsection A of this section may take the oath of office and begin the remainder of the term of office at any time within ninety days after the canvass of the election. A person who is appointed pursuant to subsection A of this section shall remain in office until the person elected pursuant to this subsection takes the oath of office.
C. This section does not apply to the office of governor.
Sec. 3. Section 16-250, Arizona Revised Statutes, is amended to read:
16-250. Expenses of election
A. The secretary of state in consultation with the county recorders and the county officers in charge of elections shall include in the budget request for the department of state sufficient monies from the state general fund to conduct the presidential preference election prescribed by this article.
B. Reimbursement of charges incurred by the counties for the presidential preference election shall be made at one dollar twenty‑five cents for each active registered voter who is registered in that county on January 1 of the presidential preference election year. If the secretary of state determines that reimbursement at that rate would jeopardize a county's compliance with federal and state laws and regulations, the secretary of state may release a county from that rate of reimbursement one hundred per cent of the costs incurred as evidenced by a Proper claim submitted to the SECRETARY of state.
Sec. 4. Section 16-351, Arizona Revised Statutes, is amended to read:
16-351. Limitations on appeals of validity of nomination petitions; disqualification of candidate
A. Any elector filing any court action challenging the nomination of a candidate as provided for in this chapter shall do so no later than 5:00 p.m. of the tenth day, excluding Saturday, Sunday and other legal holidays, after the last day for filing nomination papers and petitions. The elector shall specify in the action the petition number, line number and basis for the challenge for each signature being challenged. Failure to specify this information shall result in the dismissal of the court action. Within ten days after the filing of the action, the superior court shall hear and render a decision on the matter. Such decision shall be appealable only to the supreme court, and notice of appeal shall be filed within five days after the decision of the superior court in the action. The supreme court shall hear and render a decision on the appeal promptly.
B. Any elector may challenge a candidate for any reason relating to qualifications for the office sought as prescribed by law, including age, residency or professional requirements, if applicable.
C. In any action challenging a nomination petition, the following persons are indispensable parties to the action and shall be named and served as defendants:
1. The candidate whose petition is the subject of the challenge.
2. The officer with whom the petitions are required to be filed.
3. The board of supervisors and the recorder of each county or the clerk of each city or town who is responsible for preparing the ballots that contain the challenged candidate's name.
D. For the purposes of an action challenging nomination petitions, the board of supervisors and the recorder of each county or the clerk of each city or town responsible for preparing the ballots that contain the challenged candidate's name and each person filing a nomination petition under this chapter appoints the officer with whom the candidate files the nomination paper and petitions as the person's agent to receive service of process. Process in an action challenging a nomination petition shall be served immediately after the action is filed and in no event more than twenty‑four hours after filing the action, excluding Saturdays, Sundays and other legal holidays. Immediately on receipt of process served on the officer as agent for a person filing a nomination petition, the officer shall mail the process to the person and shall notify the person by telephone of the filing of the action.
E. Notwithstanding the system used pursuant to section 16‑163, subsection D, the most current version of the general county register at the time of filing of a court action challenging a nomination petition shall constitute the official record to be used to determine on a prima facie basis by the challenger that the signer of a petition was not registered to vote at the residence address given, or at the address on the general county register if a mailing address was given, on the date of signing of the petition. This subsection does not preclude the challenged candidate from introducing into evidence a certified copy of the registration form of any signer of a petition dated on or before the date of the signing of the petition if the registration form is in the possession of the county recorder but has not yet been filed in the general county register.
F. For any challenge of a candidate's nominating petition for which the county recorder or officer in charge of elections is required to conduct signature verification and to which the county recorder or officer in charge of elections is a party, the court may award to the county recorder or officer in charge of elections the reasonable expenses incurred in signature verification.
F. G. In addition to the procedures set forth in this section, all petitions that have been submitted by a candidate who is found guilty of petition forgery shall be disqualified and that candidate shall not be eligible to seek election to a public office for a period of not less than five years. END_STATUTE
Sec. 5. Section 16-571, Arizona Revised Statutes, is amended to read:
16-571. Poll lists to be kept by election clerk; posting
A. In precincts in which electronic poll book systems are not used, at least one election board clerk shall keep a list in duplicate of persons voting, and the name of each person who votes shall be entered thereon and numbered in the order of voting.
B. In precincts in which electronic poll book systems are not used, the poll list as prescribed in section 16‑516 shall be written on one side only, and the triplicate copies thereof shall be legible triplicate copies may be provided. Immediately upon the completion of each page of the poll list and if copies are available, one copy shall, upon request, be given to a representative designated by each major political party. In an election with nonpartisan candidates or ballot issues, the officer in charge of the jurisdiction that is conducting the election may designate who is to receive copies of the poll lists. For the purposes of this subsection, "major political party" means the two parties receiving the highest number of votes for governor or presidential electors at the last election.
C. In precincts in which electronic poll book systems are used, at least one list of persons voting shall be available by printed or electronic media. The list shall be in substantially the same format as prescribed in section 16‑516 and on request shall be given to a representative designated by each major political party. The information contained in the list also may be provided electronically to a representative designated by each major political party by way of a secure electronic file transmittal format as prescribed by the secretary of state.
Sec. 6. Section 41-1202, Arizona Revised Statutes, is amended to read:
41-1202. Vacancy in legislature; precinct committeemen; 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 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 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 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 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 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.
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 per cent or more of the elected precinct committeemen 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 may choose to permit the use of a proxy that:
(a) Is given by the precinct committeeman to another elected precinct committeeman 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 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 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 subsection A, the state party chairman shall notify the board of supervisors of the appropriate county and the board of supervisors shall fill the vacancy as provided in subsection B. The time frame for appointing a citizens panel shall run from receipt of notification from the state party chairman.
B. If the vacant legislative 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 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 legislative seat is not represented by a political party that is organized pursuant to title 16, chapter 5, article 2, the following apply:
1. The board of supervisors of the county of residence of the person elected to or appointed to the office immediately before the vacancy shall appoint within three business days after a vacancy occurs a citizens panel to submit to the board within seven business days the names of three qualified electors who are members of the appropriate political party and who are residents of the legislative district and county in which the vacancy occurred to fill the vacancy. If the person elected to or appointed to the office immediately before the vacancy was a registered independent, the qualified electors shall be registered as independent.
2. Within five business days after receiving the list of names submitted by the panel and by a majority vote of all of the supervisors sitting as a board, the board of supervisors shall appoint one person from the list of names submitted by the 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.