Arizona House of Representatives

House Majority Research

MEMORANDUM

Michelle Hindman                                                                         

Assistant Research Director

Legislative Research Analyst                                                                                                    1700 W. Washington

Committee on Government                                                                                              Phoenix, AZ  85007-2848

Committee on Technology and Infrastructure                                                                             (602) 926-3619

mhindman@azleg.gov                                                                                                                  FAX (602) 417-3143

To:      Representative Seel

cc:       Steven Moortel; Stephanie Johnson; James Craig

Re:      HB 2177 (NOW: presidential candidates; qualifications; affidavit)

Date: April 13, 2011

HB 2177 was amended in the Senate and has passed on Third Reading 20-9-1. Since this bill will appear on an upcoming Blue Sheet for your concurrence or refusal, I would like to provide you with an overview of the changes made.

House Engrossed

As passed by the House, HB 2177 made conforming changes to all statutory references related to the number of instructional days required for public schools.

Senate Engrossed

· Requires candidates for office to include in an affidavit to either the Secretary of State (SOS) or the appropriate local government, references to and attachment of all necessary documentation that show they are qualified at the time of the election to hold the office sought.

Presidential Candidates

· Directs the national political party committee to provide the SOS written notice of a party’s nomination of its candidates for President and Vice-President.

· Requires the national political party committee to submit an affidavit of the presidential candidate stating their citizenship and age with attached documents that prove the candidate meets the Constitutional requirements for office.

· States that the affidavit must contain the following:

Ø Certified copy of the presidential candidate’s long form birth certificate including at least:

· Date and place of birth.

· Name of the hospital and attending physician, if applicable.

· Signatures of any witnesses in attendance.

Ø Sworn statement that identifies the candidate’s places of residence in the United States for fourteen years.

· Allows a presidential candidate to attach two or more of the following documents, if they do not have a long form birth certificate, if the candidate swears to the validity and authenticity of the documents, and if the documents contain enough information for the SOS to determine if the candidate meets the Constitutional requirements for office:

Ø An early baptismal or circumcision certificate.

Ø A hospital birth record.

Ø A postpartum medical record for the mother or child that is signed by the doctor, midwife or person who delivered or examined the child after birth.

Ø An early census record.

· States that a presidential candidate may additionally submit a notarized affidavit from two or more persons who witnessed the candidate’s birth. 

· Stipulates that if the SOS receives any documents in place of a long form birth certificate and cannot determine if the presidential candidate meets the Constitutional requirements for office, the SOS may establish a committee to assist in the determination or hold hearings and submit any documents for forensic examination.

· Directs the SOS to withhold the candidate’s name from the ballot if both the presidential candidate and the national party committee do not provide the required documentation.

· Allows the SOS to withhold a candidate’s name from the ballot if they believe the preponderance of the evidence shows the presidential candidate does not meet the requirements to hold office.

· States that any member of the Arizona House of Representatives, the State Senate, or any citizen of this state has legal standing to initiate an action to enforce the provisions of this Act.

Miscellaneous

· Provides a severability clause.

· Makes technical and conforming changes.

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