Assigned to JUD AS
PASSED BY COW
Assigned to JUD AS
PASSED BY COW
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
clean elections; unlawful contributions; rulemaking
Purpose
Subject to voter approval, prohibits payment from clean elections campaign accounts to political parties or specified tax-exempt organizations. Removes language exempting the Citizens Clean Elections Commission (CCEC) from rulemaking requirements.
Background
Current law requires a candidate wishing to be certified as an Arizona Clean Elections candidate to file an application for certification with the Secretary of State (A.R.S. § 16-947). A participating candidate is required to conduct all financial activity through a single campaign account of the candidate's campaign committee. The candidate or his or her designee is required to pay monies from their account directly to a person who provides goods or services to the campaign. The candidate must identify the full name and street address of the person and the nature of the goods and services being offered in candidate's campaign finance report (A.R.S. § 16-948).
Statute permits the CCEC to adopt rules to carry out its duties and to govern its procedures. Rulemaking procedures are outlined, but the CCEC is exempt from administrative rulemaking requirements for state agencies (A.R.S. § 16-956).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Classifies indirect or direct payments made from a participating candidate’s campaign account as unlawful contributions if the payment is made to:
a) a private organization that is 501(a) tax-exempt and eligible to engage in activities to influence the outcome of a candidate election; or
b) a political party.
2. Removes language exempting the Citizens Clean Elections Commission from rulemaking requirements.
3. Makes technical and conforming changes.
4. Requires the Secretary of State to submit the proposition to the voters at the next general election.
5. Becomes effective if approved by the voters and on proclamation of the Governor.
Amendments Adopted by Committee of the Whole
1. Removes section tying contribution limit increases to the inflator schedule for non-clean elections candidates.
2. Removes the exemption that would allow a participating candidate to make a payment to a political party in exchange for voter files.
3. Makes a conforming change.
House Action Senate Action
GOV 2/8/18 DPA 4-3-0-1 JUD 3/22/18 DP 4-3-0
3rd Read 2/20/18 34-25-1 3rd Read 5/4/18 17-12-1
Final Read 5/4/18 33-24-3
Prepared by Senate Research
May 8, 2018
JA/VR/lat