REFERENCE TITLE: citizens clean elections commission; representation

State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010

HB 2591

Introduced by Representatives Quelland: Ash, Lesko

 

AN ACT

 

amending section 16-957, Arizona Revised Statutes; relating to the CITIZENS clean elections act.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Subject to the requirements of article IV, part 1, section 1, Constitution of Arizona, section 16-957, Arizona Revised Statutes, is amended to read:

START_STATUTE16-957.  Enforcement procedure

A.  If the commission finds that there is reason to believe that a person has violated any provision of this article, the commission shall serve on that person an order stating with reasonable particularity the nature of the violation and requiring compliance within fourteen days.  During that period, the alleged violator may provide any explanation to the commission, comply with the order,  or enter into a public administrative settlement with the commission.

B.  Upon On expiration of the fourteen days, if the commission finds that the alleged violator remains out of compliance, the commission shall make a public finding to that effect and issue an order assessing a civil penalty in accordance with section 16‑942, unless the commission publishes findings of fact and conclusions of law expressing good cause for reducing or excusing the penalty.  The violator has fourteen days from the date of issuance of the order assessing the penalty to appeal to the superior court as provided in title 12, chapter 7, article 6.

C.  Any candidate in a particular election contest who believes that any opposing candidate has violated this article for that election may file a complaint with the commission requesting that action be taken pursuant to this section.  If the commission fails to make a finding under subsection A of this section within thirty days after the filing of such a complaint, the candidate may bring a civil action in the superior court to impose the civil penalties prescribed in this section.

D.  The office of the attorney general may not represent the commission in any enforcement action against a participating candidate. END_STATUTE

Sec. 2.  Requirements for enactment; three-fourths vote

Pursuant to article IV, part 1, section 1, Constitution of Arizona, section 16-957, Arizona Revised Statutes, as amended by this act, is effective only on the affirmative vote of at least three-fourths of the members of each house of the legislature.