Bill Text: AZ SB1374 | 2024 | Fifty-sixth Legislature 2nd Regular | Engrossed
Bill Title: Foreign donations; election administration; certification
Spectrum: Partisan Bill (Republican 11-0)
Status: (Engrossed) 2024-03-18 - House read second time [SB1374 Detail]
Download: Arizona-2024-SB1374-Engrossed.html
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Senate Engrossed
foreign donations; election administration; certification |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SENATE BILL 1374 |
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An Act
amending title 16, chapter 4, article 1, Arizona Revised Statutes, by adding sections 16-407.04 and 16-407.05; relating to conduct of elections.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 16, chapter 4, article 1, Arizona Revised Statutes, is amended by adding sections 16-407.04 and 16-407.05, to read:
16-407.04. Foreign donations; election administration; certification; records; reports; violation; classification; definition
A. At least ten business days before any person other than a government entity enters into any agreement, membership or program with any government entity to provide monies or in-kind goods or services for election administration, the person shall provide a certification to the secretary of state that includes a dated and sworn statement, under penalty of perjury, that the person is not knowingly the recipient, directly or indirectly, of foreign donations. The person shall annually update the certification. If the person obtains information unknown at the time of the initial certification, the person shall update the initial certification within five business days to reflect the new information and shall include a new statement that the person is not knowingly the recipient, directly or indirectly, of foreign donations.
b. The secretary of state shall maintain records of the certifications prescribed by this section and shall post these certifications on the secretary of state's website.
c. The secretary of state shall require government entities to provide to the secretary of state a quarterly report that lists any person who provides monies or in-kind goods or services to that government entity for election administration. The secretary of state shall notify the government ENTITY by email if the government ENTITY fails to file its certification or a quarterly report prescribed by this section and advise the government ENTITY THAT section 16-407.05 provides for possible enforcement actions.
d. the failure to provide the certification PRESCRIBED by this section or providing an inaccurate certification to the secretary of state before entering into an agreement or membership or participating in a program with a state, county or local government entity invalidates any agreement, membership or program participation and bars the state, county or local government entity from entering into or continuing any agreement, membership or program participation with the person.
e. A person who knowingly fails to provide an accurate initial or updated certification as prescribed by this section is guilty of a class 1 misdemeanor.
f. for the purposes of this section, "person" means an individual or a candidate, corporation or other entity or a committee as defined in section 16-901.
16-407.05. Enforcement; attorney general; private right of action
A. The attorney general may file an action regarding a knowing violation of section 16-407.04. The action may include a request for an injunction, damages of at least $5,000 for each knowing violation and other relief that the court may provide. In addition to the penalties prescribed by this section, any person that violates section 16-407.04 is subject to all of the penalties prescribed in section 16-407.04.
B. Any qualified elector and any state officer may bring a civil action to do any or all of the following:
1. Enjoin a violation of section 16-407.04.
2. Enforce any provision of section 16-407.04.
C. If the claimant prevails in an action brought under subsection B of this section, the court shall award:
1. Injunctive relief sufficient to prevent the defendant from violating section 16-407.04 or engaging in acts that aid or abet violations of section 16-407.04.
2. damages in the amount of $1,000 per day from the date of noncompliance until the defendant comes into compliance.
3. Costs and attorney fees.
D. The remedies, duties, prohibitions and penalties prescribed by this section and section 16-407.04 are in addition to all other causes of action, remedies and penalties provided by law.
