Assigned to JUD &                                                                                                               AS PASSED BY COW

 

 


 

 

ARIZONA STATE SENATE

Fifty-Third Legislature, Second Regular Session

 

AMENDED

FACT SHEET FOR H.B. 2121

 

ballot measures; paid circulator definition

 

Purpose

 

Expands the definition of paid circulator to include all circulators who receive compensation, regardless of the number of signatures obtained. Exempts paid employees of political committees who obtain fewer than 200 signatures.

 

Background

 

Laws 2017, Chapter 52 prohibits payment to circulators based on the number of signatures collected for statewide initiative or referendum petitions and classifies a violation as a class 1 misdemeanor. A paid circulator is defined as a natural person who receives monetary or other compensation that is based on: 1) the number of signatures obtained on a petition; or 2) the number of petitions circulated that contain signatures. However, the definition excludes a paid employee of any political committee organized pursuant to A.R.S. Title 16, Chapter 6, unless that employee's primary responsibility is circulating petitions to obtain signatures (A.R.S. § 19-118). Statute permits a person to circulate a petition for statewide ballot measures for pay as long as the person registers as a circulator with the Secretary of State (SOS). Signatures collected by a paid circulator who fails to register with the SOS are disqualified (A.R.S. § 19-118).

 

A class 1 misdemeanor carries a jail sentence of up to 6 months and up to $2,500 in fines before surcharges.

 

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

 

Provisions

 

1.      Expands the definition of paid circulator to include all circulators who receive monetary or other compensation for obtaining signatures on an initiative or referendum petition, instead of only those who are compensated based on the number or signatures obtained or petitions circulated.

 

2.      Specifies that a paid employee of a political committee is only classified as a paid circulator if he or she obtains at least 200 signatures on an initiative, referendum or recall petition in an election cycle.

 

3.      Makes technical and conforming changes.

 

4.      Becomes effective on the general effective date.

 

Amendments Adopted by Committee

 

·         Excludes from the definition of paid circulator a person who obtains fewer than 200 signatures for monetary or other compensation in a calendar year.

 

Amendments Adopted by Committee of the Whole

 

·         Excludes from the definition of paid circulator a person who obtains fewer than 200 signatures in an election cycle, instead of a calendar year.

 

House Action                                                              Senate Action

 

JPS                  2/13/18     DP              5-2-0-2            JUD                 3/15/18            DPA    4-3-0

3rd Read          2/20/18                        33-26-1

 

Prepared by Senate Research

April 5, 2018

JA/VR/lat