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REFERENCE TITLE: campaign finance reports; penalty |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2196 |
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Introduced by Representatives Weiers JP: Crump, Gowan, Seel
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AN ACT
amending section 16-918, Arizona Revised Statutes; relating to campaign CONTRIBUTIONS and expenses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-918, Arizona Revised Statutes, is amended to read:
16-918. Campaign finance reports; notice; civil penalty; prohibition on candidacy
A. If a political committee fails to file a report in a timely manner as required by this chapter, the filing officer shall send written notice of the delinquency of the report to the political committee and the candidate, in the case of the candidate's campaign committee, or to the designating individual, in the case of an individual's exploratory committee. The notice shall be sent by certified mail within fifteen calendar days after the filing officer determines there may be a failure to file a campaign finance report. The notice shall provide with reasonable particularity the nature of the failure and a statement of the penalties provided in this section.
B. A political committee, or in the case of a candidate's campaign committee, the candidate, or in the case of an exploratory committee, the designating individual, is liable for a late penalty of ten dollars for each business day after failure to make or file a campaign finance report that is required pursuant to this chapter up to a maximum of four hundred fifty dollars. The filing officer shall not accept a campaign report unless any penalties owed as a result of this section or any penalties imposed pursuant to section 16‑924 are paid with the report.
C. A political committee, or in the case of a candidate's campaign committee, the candidate, or in the case of an exploratory committee, the designating individual, that has failed to file within fifteen business days after receiving a notice of delinquency pursuant to subsection A of this section is liable for a civil penalty of twenty‑five dollars for each subsequent business day that the filing is late. This penalty shall be assessed pursuant to section 16‑924.
D. For the purposes of this section, there is a failure to make and file a campaign finance report by the treasurer, the designating individual, in the case of an exploratory committee, the candidate, in the case of a candidate's campaign committee, and for all other political committees, the chairman, if any of the following occurs:
1. The report is not filed in a timely manner as prescribed by section 16‑913.
2. The report is not signed in accordance with section 16‑913.
3. A good faith effort is not made to substantially complete the report as prescribed by section 16‑915.
E. It is a defense to an enforcement action brought pursuant to this section if good cause is shown by the treasurer, the designating individual, in the case of an exploratory committee, or the candidate, in the case of a candidate's campaign committee, for the failure to make and file a campaign finance report. For the purposes of this subsection, "good cause" includes an illness or absence from this state at the time the campaign finance report was due or the written notice of delinquency was delivered if the illness or absence reasonably prevented the treasurer, designating individual or candidate from filing the report or receiving the written notice.
F. In addition to the enforcement actions prescribed by this section, a person who was a candidate for nomination or election to any local or state office and who after written notice pursuant to this section failed to make and file a campaign finance report as required by this chapter is not eligible to be a candidate for nomination or election to any local or state office for five years after the last failure to make and file a campaign finance report occurred. This penalty shall be imposed as follows:
1. A candidate's failure to make and file a campaign finance report with a filing officer for a jurisdiction is grounds for that filing officer to refuse the candidate's nomination paper for any public office in that jurisdiction as described in this subsection.
2. A candidate's failure to make and file a campaign finance report with any filing officer is grounds for a filing officer from another jurisdiction to refuse the candidate's nomination paper for any public office on presentation of a certified copy of a final order issued pursuant to section 16‑924.
G. For a standing political committee, in addition to any late penalty and civil penalty assessed pursuant to this section, if the standing political committee makes a late filing three or more times, the standing political committee is no longer eligible for consolidated filing status pursuant to section 16‑913, subsection K and shall make all of its filings in each reporting jurisdiction in which it is active.
H. For any political committee that has failed to file three consecutive campaign finance reports with the secretary of state as prescribed by section 16‑913, the secretary of state shall send the committee chairman and treasurer a written notice of intent to suspend the political committee. The notice of intent to suspend shall state that failure of the political committee to fully comply with all filing requirements for that committee, including any required payments, within thirty calendar days of the date of the notice shall result in suspension of the political committee's authority to operate in this state. On suspension of the political committee's authority to operate, the secretary of state is no longer required to provide any further notice of delinquency to the political committee. This subsection does not reduce or eliminate the political committee's continuing obligation to make campaign finance filings and pay any fines, penalties, civil penalties or other sanctions that may continue to accrue as otherwise provided by law. This subsection does not apply to reports required pursuant to article 2 of this chapter or to a candidate's campaign committee designated by that candidate pursuant to section 16‑903 during that election cycle.