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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
statewide ballot measures; circulators; procedures
Purpose
Modifies the process for registering as a circulator for statewide initiative and referendum petitions by requiring additional information to be submitted to the Secretary of State (SOS) and by making specified violations of circulator requirements a class 1 misdemeanor. Requires a person who may be a candidate for office to file a statement of interest before gathering signatures for a nomination petition, with exceptions.
Background
An initiative is the method by which voters may propose new laws or amend existing laws by gathering signatures from registered voters to place the issue on the ballot. Signatures for an initiative must be filed with the SOS at least four months prior to the next general election. A referendum is the method by which voters may veto a law by gathering signatures from registered voters to place the issue on the ballot. Signatures for a referendum must be filed with the SOS within 90 days of when the Legislature adjourns sine die for the year.
Statute requires circulators who are not Arizona residents, and for statewide ballot measures, all paid circulators, to register with the SOS before circulating initiative and referendum petitions. To register, circulators must consent to the jurisdiction of Arizona courts for dispute resolution and provide an address where the circulator will accept service of process. Any person may challenge the lawful registration of a circulator in county superior court. A challenge must be brought within 10 business days of the date that the petitions for which the circulator is required to be registered are filed with the SOS (A.R.S. § 19-118).
The SOS prescribes methods for filing signature sheets for initiative and referendum petitions. For petitions filed regarding city, town or county matters, the political committee that is the proponent of the petition and that files the petition must organize the signature sheets and group them by circulator. Further, statute requires the SOS to remove signature sheets that don't comply with statutory requirements within 20 business days after the date of filing of an initiative or referendum petition and issuance of the receipt (A.R.S. §§ 19-121 and 19-121.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation. According to the Joint Legislative Budget Committee, there may be an impact of $104,500 to the SOS for information technology expenses related to this legislation (JLBC fiscal note).
Provisions
1. Requires circulator registration applications for all paid circulators and unpaid out-of-state circulators for statewide initiative and referendum measures, to include:
a) the circulator's full name, residence address, telephone number and e-mail address;
b) the initiative or referendum petition on which the circulator will gather signatures;
c) the address of the committee that the circulator is gathering signatures for and that will accept service of process; and
d) an affidavit from the registered circulator that is signed before a notary public.
2. Prescribes language to be included in the circulator registration application affidavit.
3. Requires the SOS, within five business days after submission and review of a complete and correct circulator registration application, to register and assign a registration number to the circulator.
4. Prohibits a person to be a registered circulator, if the person:
a) has had a civil or criminal penalty imposed for a statutory election or initiative and referendum violation within the preceding five years;
b) has been convicted of treason or a felony and has not had the person's civil rights restored; or
c) has ever been convicted of a criminal offense involving fraud, forgery or identity theft.
5. Requires a challenge to the lawful registration of a circulator to be made within 10 business days of when the SOS has received, processed and made available all final petition sheets individually numbered.
6. Allows service of process for disputes related to petition circulation to be completed by mailing by certified mail a copy of the subpoena to the circulator's committee.
7. Designates, as a class 1 misdemeanor:
a) knowingly omitting or misrepresenting information or providing false information on a circulator registration application; or
b) registering as a circulator unlawfully.
8. Specifies that the definition of paid circulator applies to circulators of statewide initiatives or referenda.
9. Specifies that the SOS's instructions and procedures manual must specify procedures for circulator registration applications.
10. Requires filed signature sheets to contain the registration number assigned to a circulator, when applicable.
11. Requires the SOS to remove signature sheets that do not contain a paid circulator registration number.
12. Requires a person who may be a candidate for office to file a statement of interest with the appropriate filing officer for that office before gathering petition signatures for a nomination petition.
13. Requires the statement of interest to include:
a) the name of the person;
b) the political party, if applicable; and
c) the name of the office that may be sought.
14. Deems invalid and subject to challenge any nomination petition signatures collected before the date the statement of interest is filed.
15. Exempts, from the requirement to file a statement of interest:
a) candidates for special taxing district offices;
b) candidates for precinct committeeperson; and
c) candidates for President and Vice President of the United States.
16. Applies statement of interest requirements to elections held on or after the general effective date, but specifies a candidate who collects signatures before the general effective date has until January 2, 2020, to file a statement of interest.
17. Deems otherwise legally sufficient signatures collected before the general effective date as valid if the statement of interest is filed by January 2, 2020.
18. Contains a severability clause.
19. Makes technical and conforming changes.
20. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. States that a legal challenge to the lawful registration of a circulator must be commenced within 10 business days of when the SOS has received, processed and made available all final petition sheets individually numbered.
2. Conforms language relating to restoration of civil rights to existing statute.
Amendments Adopted by the House of Representatives
1. Removes the requirement that statewide initiative and referendum petitions be grouped by circulator when filed with the SOS.
2. Allows the Attorney General to accept, reject or modify a ballot measure summary that is drafted and prepared by the SOS.
Amendments Adopted by Conference Committee
1. Adds requirements for candidates to file a statement of interest before collecting signatures for nomination petitions.
2. Removes the ability of the Attorney General to modify a ballot measure summary that appears on the ballot.
Senate Action House Action
JUD 2/14/19 DP 4-3-0 ELECT 3/19/19 DP 6-4-0-0
3rd Read 3/6/19 17-13-0 3rd Read 5/8/19 31-29-0
Prepared by Senate Research
May 21, 2019
JA/kja