ARIZONA HOUSE OF REPRESENTATIVES

SB 1249: campaign finance violations; appeals
PRIME SPONSOR: Senator Burges, LD 22 BILL STATUS: Chaptered

Abstract

Relating to campaign finance violation appeals.

Provisions

1. Permits penalties imposed for campaign finance violations to be appealed directly to the Superior Court, rather than through OAH. (Sec. 1)

2. Requires the alleged violator to provide a copy of the notice of appeal to the enforcement officer. (Sec. 1)

3. Asserts that the enforcement officer has the burden of proving any alleged violation by a preponderance of the evidence. (Sec. 1)

4. Requires the Superior Court to conduct a trial de novo for campaign finance violation appeal hearings. (Sec. 1)

5. Contains a delayed effective date of January 1, 2019. (Sec. 2)

Current Law

The filing officer is charged with investigating alleged violations relating to campaign finance requirements.  If the filing officer has reasonable cause to believe a violation occurred, they must refer the matter to the AG, county attorney or city or town attorney, depending upon the office sought by the candidate.  The enforcement officer may conduct an investigation using their subpoena powers and serve the alleged violator with a notice of violation, which must specify the imposed penalty and require compliance within 20 days.  If the alleged violator does not take corrective action within 20 days, the enforcement officer must impose the penalty.  The alleged violator may request a hearing with OAH pursuant to Uniform Administrative Hearing procedures.  After the conclusion of the administrative appeal process, the alleged violator may appeal to the Superior Court for judicial review of the administrative decision (A.R.S. § 16-938).

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Fifty-third Legislature                  SB 1249

Second Regular Session                               Version 4: Chaptered

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