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REFERENCE TITLE: elections; public resources prohibited |
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State of Arizona House of Representatives Fifty-first Legislature First Regular Session 2013
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HB 2156 |
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Introduced by Representative Kavanagh
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AN ACT
repealing section 16-192, Arizona Revised Statutes; amending title 16, chapter 1.1, article 1, Arizona Revised Statutes, by adding a new section 16‑192; relating to elections.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Repeal
Section 16-192, Arizona Revised Statutes, is repealed.
Sec. 2. Title 16, chapter 1.1, article 1, Arizona Revised Statutes, is amended by adding a new section 16-192, to read:
16-192. Use of public resources to influence elections; prohibition; civil penalties; definition
A. Notwithstanding any other law, this state and all political subdivisions of this state, including cities, towns, counties, special districts, schools or charter schools and any public agency, department, board, commission, committee, council or authority shall not spend or use public resources to influence an election, including the use or expenditure of monies, accounts, credit, materials, equipment, buildings, facilities, vehicles, postage, telecommunications, computer hardware and software, webpages and personnel and any other thing of value of the public entity.
B. This section does not prohibit:
1. The use of public resources, including facilities and equipment, for government sponsored meetings, forums or debates if the government sponsor remains impartial and the events are purely informational and provide an equal opportunity to all viewpoints. The rental and use of a public facility by a private person or entity that may lawfully attempt to influence the outcome of an election is permitted if it does not occur at the same time and place as a government sponsored event.
2. The presentation of factual information in a neutral manner for the purposes of educating and informing voters as otherwise provided by law, including information on a bond, budget, override, candidate or other type of election.
C. The attorney general, the county attorney for the county in which an alleged violation of this section occurs or any resident of the jurisdiction that is alleged to have committed a violation of this section may file an action in the superior court to enforce this section.
D. Any person or public entity that knowingly violates this section or that knowingly aids another person or public entity in violating this section is liable for a civil penalty of not more than five thousand DOLLARS for each violation. The court also may order the person or public entity in violation to pay an additional penalty in an amount that equals the value of the public resources unlawfully used. The civil penalties shall be paid as follows:
1. For civil penalties ordered in an action filed by the attorney general, to the office of the attorney general to defray the costs of ENFORCEMENT.
2. For civil penalties ordered in an action filed by the county attorney, to the office of the county treasurer for deposit into the general fund of the county.
3. For civil penalties ordered in an action filed by a resident of the jurisdiction in violation, to the resident.
E. This section does not deny the civil and POLITICAL liberties of any person as guaranteed by the United States and Arizona Constitutions.
F. For the purposes of this section, "influence an election" means supporting or opposing a candidate for nomination or election to public office or the recall of a public officer or supporting or opposing a ballot measure, question or proposition, including any bond, budget or override election and supporting or opposing the circulation of a petition for the recall of a public officer or a petition for a ballot measure, question or proposition.