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REFERENCE TITLE: petitions; post office box addresses |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SB 1422 |
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Introduced by Senators Hale, Burton Cahill, Miranda; Representative Chabin: Senators Alvarez, Garcia, Landrum Taylor
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AN ACT
amending sections 16-315, 16-321, 19-101 and 19-112, Arizona Revised Statutes; relating to petitions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-315, Arizona Revised Statutes, is amended to read:
16-315. Form of petitions
A. The nomination petitions shall be in substantially the following form:
1. Petitions shall be on paper fourteen inches wide and eight and one‑half inches long.
2. Petitions shall be headed by a caption stating the purpose of the petition, followed by the body of the petition stating the intent of the petitioners.
3. There shall be fifteen lines spaced three‑eighths of an inch apart and consecutively numbered one through fifteen.
4. The signature portion of the petition shall be divided into columns headed by the titles: signature; printed name; actual residence address, or description of place of residence or Arizona post office box address, city, or town or post office; and date of signing.
5. A photograph of the candidate may appear on the nomination petition.
B. The following shall appear on the petition:
Instructions for Circulators
1. All petitions shall be signed by circulator.
2. Circulator must be qualified to register to vote in this state.
3. Circulator's name shall be typed or printed under such person's signature.
4. Circulator's actual residence address or, if no street address, a description of residence location shall be included on the petition.
C. The secretary of state shall prepare sample nomination petition forms and distribute such forms to all election officers.
Sec. 2. Section 16-321, Arizona Revised Statutes, is amended to read:
16-321. Signing and certification of nomination petition
A. Each signer of a nomination petition shall sign only one petition for the same office unless more than one candidate is to be elected to such office, and in that case not more than the number of nomination petitions equal to the number of candidates to be elected to the office. A signature shall not be counted on a nomination petition unless the signature is on a sheet bearing the form prescribed by section 16‑314.
B. For the purposes of petitions filed pursuant to sections 16‑312, 16‑313, 16‑314 and 16‑341, each signer of a nomination petition shall be a voter who at the time of signing is a registered voter in the electoral district of the office the candidate is seeking.
C. If an elector signs more nomination petitions than permitted by subsection A of this section, the earlier signatures of the elector are deemed valid, as determined by the date of the signature as shown on the petitions. If the signatures by the elector are dated on the same day, all signatures by that elector on that day are deemed invalid. Any signature by that elector on a nomination petition on or after the date of the last otherwise valid signature is deemed invalid and shall not be counted.
D. Except as prescribed in section 16-341 for circulators of petitions for certain candidates for the office of presidential elector, the person before whom the signatures were written on the signature sheet shall be qualified to register to vote in this state pursuant to section 16‑101 and shall verify that each of the names on the petition was signed in his presence on the date indicated, and that in his belief each signer was a qualified elector who resides at the address given as the signer's residence on the date indicated and, if for a partisan election, that each signer is a member of the party from which the candidate is seeking nomination, or the signer is a member of a political party that is not entitled to continued representation on the ballot pursuant to section 16‑804 or the signer is registered as independent or no party preferred. The way the name appears on the petition shall be the name used in determining the validity of the name for any legal purpose pursuant to the election laws of this state. Signature and handwriting comparisons may be made.
E. The signature of a person who signs a nominating petition and who uses only an Arizona post office box address is valid if the person is otherwise properly registered to vote and is eligible to sign the nominating petition.
Sec. 3. Section 19-101, Arizona Revised Statutes, is amended to read:
19-101. Referendum petition; circulators; violation; classification
A. The following shall be the form for referring to the people by referendum petition a measure or item, section or part of a measure enacted by the legislature, or by the legislative body of an incorporated city, town or county:
Referendum Description
(Insert a description of no more than one hundred words of the principal provisions of the measure sought to be referred.)
Notice: This is only a description of the measure sought to be referred prepared by the sponsor of the measure. It may not include every provision contained in the measure. Before signing, make sure the title and text of the measure are attached. You have the right to read or examine the title and text before signing.
Petition for Referendum
To the secretary of state: (or to the corresponding officer for or on local, county, city or town measures):
We, the undersigned citizens and qualified electors of the state of Arizona, respectfully order that the senate (or house) bill No. ___ (or other local, county, city or town measure) entitled (title of act or ordinance, and if the petition is against less than the whole act or ordinance then set forth here the item, section, or part, of any measure on which the referendum is used), passed by the _________________ session of the legislature of the state of Arizona, at the general (or special, as the case may be) session of said legislature, (or by a county, city or town legislative body) shall be referred to a vote of the qualified electors of the state, (county, city or town) for their approval or rejection at the next regular general election (or county, city or town election) and each for himself says:
I have personally signed this petition with my first and last names. I have not signed any other petition for the same measure. I am a qualified elector of the state of Arizona, county of (or city or town and county of, as the case may be) _____________.
"Warning
It is a class 1 misdemeanor for any person to knowingly sign an initiative or referendum petition with a name other than his own, except in a circumstance where he signs for a person, in the presence of and at the specific request of such person, who is incapable of signing his own name because of physical infirmity, or to knowingly sign his name more than once for the same measure, or to knowingly sign such petition when he is not a qualified elector."
Signature Name Actual Arizona City or Date
(first and address or post office town signed
last name Arizona address & (if any)
printed) post office Zip code
box address
(street &
no. and if
no street
address,
describe
residence
location)
(Fifteen lines for signatures which shall be numbered)
The validity of signatures on this sheet must be sworn to by the circulator before a notary public on the form appearing on the back of the sheet.
Number ________________
B. Each petition sheet shall have printed in capital letters in no less than twelve point bold‑faced type in the upper right‑hand corner of the face of the petition sheet the following:
"___________ paid circulator" "______________ volunteer".
C. A circulator of a referendum petition shall state whether he is a paid circulator or volunteer by checking the appropriate line on the petition form before circulating the petition for signatures.
D. Signatures obtained on referendum petitions in violation of subsection C are void and shall not be counted in determining the legal sufficiency of the petition. The presence of signatures that are invalidated under this subsection on a petition does not invalidate other signatures on the petition that were obtained as prescribed by this section.
Sec. 4. Section 19-112, Arizona Revised Statutes, is amended to read:
19-112. Signatures and verification; attachment
A. Every qualified elector signing a petition shall do so in the presence of the person who is circulating the petition and who is to execute the affidavit of verification. At the time of signing, the qualified elector shall sign his first and last names in the spaces provided and the elector so signing shall print his first and last names and write, in the appropriate spaces following the signature, the signer's residence address, giving street and number or post office box number, and if he has no street address, a description of his residence location. The elector so signing shall write, in the appropriate spaces following the elector's address, the date on which the elector signed the petition.
B. The signature sheets shall be attached at all times during circulation to a full and correct copy of the title and text of the measure or constitutional amendment proposed or referred by the petition. The title and text shall be in at least eight point type and shall include both the original and the amended text. The text shall indicate material deleted, if any, by printing the material with a line drawn through the center of the letters of the material and shall indicate material added or new material by printing the letters of the material in capital letters.
C. The person before whom the signatures and addresses were written on the signature sheet shall, on the affidavit form pursuant to this section, shall subscribe and swear before a notary public that each of the names on the sheet was signed and the name and address were printed in the presence of the elector and the circulator on the date indicated, and that in his belief each signer was a qualified elector of a certain county of the state, or, in the case of a city, town or county measure, of the city, town or county affected by the measure on the date indicated, and that at all times during circulation of the signature sheet a copy of the title and text was attached to the signature sheet. All signatures of petitioners on a signature sheet shall be those of qualified electors who are registered to vote in the same county. However, if signatures from more than one county appear on the same signature sheet, only the valid signatures from the same county which are most numerous on the signature sheet shall be counted. Signature and handwriting comparisons may be made.
D. The signature of a person who signs a petition pursuant to this section and who uses only an Arizona post office box address is valid if the person is otherwise properly registered to vote and is eligible to sign the petition.
D. E. The affidavit shall be in the following form printed on the reverse side of each signature sheet:
Affidavit of Circulator
State of Arizona )
) ss.:
County of ___________)
(Where notarized)
I, (print name), a person who is qualified to register to vote in the county of _______, in the state of Arizona at all times during my circulation of this petition sheet, and under the penalty of a class 1 misdemeanor, depose and say that each individual signed this sheet of the foregoing petition in my presence on the date indicated and I believe that each signer's name and residence address or post office box address are correctly stated and that each signer is a qualified elector of the state of Arizona (or in the case of a city, town or county measure, of the city, town or county affected by the measure proposed to be initiated or referred to the people) and that at all times during circulation of this signature sheet a copy of the title and text was attached to the signature sheet.
(Signature of affiant) ____________________
(Residence address, street
and number of affiant, or
if no street address, a
description of residence
location)
_________________________________
Subscribed and sworn to before me on ____________________.
(date)
__________________________________
Notary Public
___________________________, Arizona.
My commission expires on _________________.
(date)
E. F. The eight point type required by subsection B shall not apply to maps, charts or other graphics.