REFERENCE TITLE: political "do not call" list

 

 

 

State of Arizona

Senate

Fifty-second Legislature

First Regular Session

2015

 

 

SB 1196

 

Introduced by

Senator Kavanagh

 

 

AN ACT

 

amending title 16, chapter 6, article 1, Arizona Revised Statutes, by adding section 16-926; 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.  Title 16, chapter 6, article 1, Arizona Revised Statutes, is amended by adding section 16-926, to read:

START_STATUTE16-926.  Political "do not call" list; robocalls; defense; injunction

A.  A person may not initiate an outbound telephone call to a person in this state in an attempt to influence the outcome of an election if:

1.  The telephone call includes a prerecorded or artificial voice.

2.  The person receiving the telephone call is listed on the state political "do not call" list established pursuant to this section.

B.  The secretary of state shall establish and maintain the state political "do not call" list that shall provide for convenient methods for persons in this state to refuse political telephone calls prescribed in subsection A of this section.  The methods shall include a website-based system for persons to be placed on the list and a mail-in method for persons to be placed on the list and shall require the name and address of the person and a minimum amount of additional identifying information from the person.  The state political "do not call" list is not a public record but on request from a person who is a lawful possessor of voter registration information as prescribed by section 16-168, subsection E, the secretary of state shall provide only the telephone numbers on the political "do not call" list for redaction from that voter registration information.  On removal of those telephone numbers, the person possessing the voter registration information may not enhance or supplement the information by acquiring and using those telephone numbers from any other source.

C.  On receipt of a lawful request for voter registration information as prescribed by section 16-168, subsection E and before providing the information, the county recorder shall review the state political "do not call" list and redact from the voter registration information any telephone numbers from the list.

D.  If the secretary of state or the attorney general has reasonable cause to believe a person has violated subsection A of this section, the person is subject to enforcement action by the attorney general.  It is a defense to any enforcement action under this section that the person who initiated the outbound telephone call reviewed the state political "do not call list" immediately before initiating the series of telephone calls in which the alleged violation occurred and removed from the caller's recipient list the telephone numbers that were ON the political "do not call" list on the date of review.

E.  The attorney general on referral from the secretary of state or on the attorney general's own determination may file an action against a person who violates subsection A of this section to enjoin further placement of outbound telephone calls that are intended to influence the outcome of an election by that person or any person under that person's authority. END_STATUTE